Reedley Municipal Code Ch. 10 Police and Fire Alarms

False activations and the use of defective security alarm systems critically drain the services and resources of the police department and of the fire department, and the regulation of security alarm systems will help reduce the number of false alarms and thus help ensure the maximum availability of equipment and personnel of the police and fire departments for detecting and preventing crime and responding to and extinguishing fires within the city. (Ord. 98-07, 4-28-1998)

The provisions of this chapter do not apply either to audible alarms affixed to automobiles, boats, boat trailers or recreational vehicles, or to household smoke alarms not monitored by "emergency response personnel", as herein defined, or to household smoke alarms not monitored by an "alarm agent", as herein defined, or "panic alarm", as herein defined. (Ord. 98-07, 4-28-1998)

In this chapter, the following words and phrases have the meanings here ascribed to them, unless the context otherwise requires:

ALARM AGENT: A person employed by an alarm company operator whose duties include altering, installing, maintaining, moving, repairing, replacing or servicing an alarm system.

ALARM COMPANY OPERATOR: A person licensed as an alarm company operator by the California bureau of security and investigative services, pursuant to the provisions of Business and Professions Code division 3, chapter 11.6 (starting at section 7590) and doing business as such within the limits of the city of Reedley.

ALARM SYSTEM: An assembly of equipment and devices arranged to signal the presence of a hazard or emergency at a particular location requiring the urgent attention of the police and to which the police are expected to respond. An alarm system does not include such alarm equipment and devices installed in vehicles or such alarm equipment and devices used for the detection of fire.

AUTOMATIC DIALING SYSTEM: Any alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.

EMERGENCY RESPONSE PERSONNEL: Any employee or officer either of the police department or of the fire department of the city.

FALSE ALARM: The activation of the alarm of an alarm system, which activation constitutes the false reporting of an emergency, whether caused by mechanical failure, malfunction, improper installation or the negligence of a subscriber or of a subscriber's employee or agent, provided such activation occasions a response from emergency response personnel. The term "false alarm" shall not include the activation of an alarm caused by hurricane, tornado, earthquake or other condition that is clearly beyond the control of a subscriber.

PANIC ALARM: A manually operated switch or button that sends an alarm intended to elicit an emergency response by any employee or officer of the police department of the city to any place from which it is otherwise impractical to place a telephone call or at which the use of a telephone is unavailable to the alarm user.

PERMIT APPLICATION: A form established by the city, on which a subscriber must provide information consisting of the subscriber's name, address, day and night telephone numbers, location of the premises where an alarm is located, the name of the company responsible for installing and servicing the alarm, and the names, phone numbers and addresses of at least two (2) other responsible parties in case the subscriber cannot be reached upon activation of a subscriber's alarm. Other information that may be required to be placed on a permit application, in order to evaluate and act upon the permit application, shall be prescribed by the chief of police.

PERSON: Any individual, firm, company, association, organization, partnership, limited liability company or corporation.

SUBSCRIBER: Any person, including, but not limited to, the United States of America, the state of California, any political subdivision of the state of California, any governmental agency or other public or municipal corporation, which purchases, leases, contracts for, or otherwise obtains, an alarm system, or which contracts for the servicing or the maintenance of an alarm system. (Ord. 98-07, 4-28-1998)

No person shall engage in the activities of an alarm agent or engage in the activities of an alarm company operator within the city unless the person meets the requirements for and obtains a business license and files with the police department a copy of a valid state issued alarm company operator's license and a copy of the state issued identification card. (Ord. 98-07, 4-28-1998)

A. No subscriber shall, within the city, use or install, or cause to be used or installed, any alarm system upon any premises within his control without having first met the requirements for and received an alarm system permit therefor. An alarm company operator or alarm agent shall, prior to the installation of an alarm system, provide the person using the alarm with a permit application form issued by the city. An applicant for an alarm system permit shall:

1. Submit to the police department of the city, or its designee, a permit application. The police department shall prescribe the form of the application and shall request such information as is necessary to evaluate and act upon the permit application.

2. Submit a separate alarm permit application form for each premises on which the applicant proposes to use or install an alarm system.

B. Alarms installed within the city prior to the effective date hereof shall be exempt from this section. All other sections of this chapter shall apply. (Ord. 98-07, 4-28-1998)

A. Upon the filing and approval of a permit application form, a permit may be issued and, when issued, said permit shall be valid for a period of one year from the date of issuance.

B. In order to renew a permit, a permit holder or subscriber must file a new permit application form within sixty (60) days prior to the expiration of an existing permit.

C. Whenever during the period of a permit's validity a change occurs in the information initially required to be supplied on the application form therefor, the subscriber or alarm user shall give written notice of such change to the issuing authority or designee within twenty (20) days of the change. (Ord. 98-07, 4-28-1998)

The city may deny an application for an alarm permit for any one or more of the following reasons:

A. The application for permit does not contain all the information required by the issuing authority; or

B. The information is not submitted on the required application form; or

C. The application contains any false or misleading information; or

D. The proposed alarm does not meet the standards as set forth in this chapter; or

E. Any other valid reason exists which is determined to present a potential health or safety hazard to the city, its residents, or its emergency response personnel. (Ord. 98-07, 4-28-1998)

A. No fee shall be imposed for application for or issuance of a permit for an alarm.

B. Violation of any provision of this chapter with respect to permits, licenses, prohibited alarms, use of alarms or alarm standards shall cause the alarm agent, alarm company operator, subscriber or other offending person or permit holder to be liable for such fines as are imposed by this chapter 1 . (Ord. 98-07, 4-28-1998)

No person shall, by means of activating an alarm system, report to any emergency response personnel that an emergency exists knowing that such report is false. The term "emergency" as used in this section means any condition which results in, or which could result in, an immediate response by the police department, by any peace officer or by other emergency response personnel or any condition which jeopardizes or could jeopardize public safety and which results in, or could result in, the evacuation of any area, building, structure, vehicle or any other place which an individual may enter. (Ord. 98-07, 4-28-1998)

A. It shall be unlawful for any audible alarm to fail to automatically cease transmission within fifteen (15) minutes of activation.

B. It shall be unlawful for an activated alarm to fail to silence after twenty (20) minutes, and if the police department is unable to contact the alarm user or his representative, the department shall cause an alarm agent or alarm company operator to respond and silence the alarm. All costs for silencing the alarm shall be borne by the alarm user.

C. No person shall install or maintain any audible alarm or other alarm system enunciator which upon activation emits a sound similar either to sirens used on emergency vehicles or to sirens used for civil defense purposes, except that alarm systems using such sirens and installed prior to the effective date of this chapter are exempt.

D. It shall be unlawful for automatic dialing systems to dial directly to the police department.

E. Prior to conducting any service, test, repair, maintenance, adjustment, alteration or installation which might activate a false alarm, alarm users shall notify the police department communications dispatcher and provide the dispatcher with a description of the alarm location, identity of the company testing or otherwise so dealing with the alarm, the identity of the person testing or otherwise dealing with the alarm, the time of the activity dealing with the alarm and other information as may be requested by the dispatcher.

F. Each subscriber or alarm user shall maintain each alarm system in good working order, providing the necessary service to prevent false alarms, to prevent malfunctions and to use reasonable care in preventing malicious reporting of false fires due to tampering with the alarm system. (Ord. 98-07, 4-28-1998)

Any person violating any provision of this chapter may be fined as provided in this chapter or punished pursuant to the provisions of section 1-4-1 of this code. (Ord. 98-07, 4-28-1998)

A fine payable to the city shall be assessed to a subscriber whose alarm system generates a false alarm. The fine shall be in accordance with the following schedule:

A. For the first, second or third false alarm during any period of twelve (12) consecutive months between January 1 to December 31, no fine. The police department shall send a warning letter to the alarm user upon the occurrence of each such false alarm.

B. For the fourth or fifth false alarm during any period of twelve (12) consecutive months between January 1 to December 31, a fine of one hundred dollars ($100.00) for each such false alarm. The police department shall, in connection with imposing and demanding payment of the fine, send a warning letter to the alarm user upon the occurrence of each such false alarm.

C. For the sixth and each subsequent false alarm during any period of twelve (12) consecutive months between January 1 to December 31, a fine of two hundred fifty dollars ($250.00) for each such false alarm, except where the police chief determines upon good cause shown that there are mitigating circumstances surrounding the false alarm, in which event the chief may reduce the fine to less than one hundred dollars ($100.00) for each such false alarm. The police department shall, in connection with imposing and demanding payment of any such fine or reduced fine, send an appropriate warning letter to the alarm user upon the occurrence of each such false alarm.

D. All fines imposed by this section shall be collected in accordance with the following regulations:

1. The warning letters required by subsection A of this section shall state that upon the occurrence of a fourth and fifth false alarm during the twelve (12) month period following the first false alarm, a civil fine of one hundred dollars ($100.00) shall be imposed for each such false alarm, and that the city is authorized to recover the penalty without an administrative hearing or through a civil lawsuit, and that the subscriber whose alarm system generated such false alarms shall have the right to request an administrative hearing to determine whether such fine shall be paid in full, or for good cause shown paid in a reduced amount, or whether the fine shall be suspended.

2. The warning letters required by subsections B and C of this section shall state that upon the occurrence of a fifth false alarm during the twelve (12) month period following the first false alarm, a civil fine of one hundred dollars ($100.00) shall be imposed for each such false alarm; that upon the occurrence of a sixth and subsequent false alarms during the twelve (12) month period following the first false alarm, a civil fine of two hundred fifty dollars ($250.00) shall be imposed for each such false alarm; and that the city is authorized to recover the penalty without an administrative hearing or through a civil lawsuit, and the subscriber whose alarm system generated such false alarms shall have the right to request an administrative hearing to determine whether such fine shall be paid in full, or for good cause shown paid in a reduced amount, or whether the fine shall be suspended. (Ord. 98-07, 4-28-1998)

In order to prevent or lessen the unnecessary hardship or practical difficulties in exceptional cases where it is difficult or impossible to comply with the strict letter of this chapter, the alarm user and/or subscriber or designated agent shall have the option to apply for an exemption from any provisions of this chapter to the city manager or his designee. The city manager or designee shall exercise those powers on these matters in such a way that the public welfare is secured and substantial justice done most nearly in accord with the intent and purpose of this chapter. (Ord. 98-07, 4-28-1998)

A. Provided the conditions of subsection B of this section exist, the police department may, when it is consistent with public safety and welfare, indefinitely suspend its alarm response to a given address in any one of the following cases:

1. If a person violates section 5-10-9 of this chapter; or

2. If the person responsible for a premises is fined for a false alarm and fails to timely pay the fine; or

3. If an alarm location has been fined more than one thousand dollars ($1,000.00) for false alarms during any period of thirty six (36) consecutive months.

B. No suspension pursuant to this section shall be effectuated until after the responsible party at an alarm location is given an opportunity for a hearing with the chief of police, or his designee, as to why police response should not be discontinued, with such decision being appealable pursuant to section 5-10-13 of this chapter. (Ord. 98-07, 4-28-1998)

The chief of police, with approval of the city manager, may adopt such rules and regulations as are consistent with this chapter, necessary or appropriate to reduce or eliminate the occurrence of false alarms. (Ord. 98-07, 4-28-1998)