Rialto Municipal Code Ch. 7.01 Burglary, Robbery and Fire False Alarm

The purpose of this chapter is to set forth certain fees and penalties governing the response of police and fire personnel to false alarms to burglary, robbery and fire alarm systems and to provide for punishment for violations of provisions of this chapter.

(Ord. 1327 § 1 (part), 2002: Ord. 988 (part), 1987: Ord. 984 (part), 1986)

The term "person" shall not include the city. The provisions of this chapter are not applicable to audible alarms affixed to automobiles.

(Ord. 1327 § 1 (part), 2002: Ord. 1234 (part), 1995: Ord. 988 (part), 1987: Ord. 984 (part), 1986)

For the purposes of this chapter, the words set out in this section have the following meanings:

"False alarm" means an alarm signal, either silent or audible, which requires a response by the police or fire department, where an emergency situation for which the alarm system was designed or used does not exist. The activation of an alarm system due to extreme weather conditions, power outages or telephone line problems shall not be deemed a false alarm. In the event that alarms are attributed to telephone line problems, some form of verification by the telephone company must be presented to the police department.

(Ord. 1327 § 1 (part), 2002: Ord. 1234 (part), 1995: Ord. 988 (part), 1987: Ord. 984 (part), 1986)

A fee and penalty schedule for responding to false alarms shall be established by the city based on the following:

A. The third false alarm from any one source in any consecutive twelve-month period will require permittee to pay a fee set by the city council from time to time by resolution.

B. The fourth, and all subsequent, false alarms from any one source in any consecutive twelve-month period will require the permittee to pay a fee plus penalty as set by the city council from time to time by resolution.

C. All fees established by this section shall be paid within fifteen days from the date of the invoice rendered for such fee.

(Ord. 1327 § 1 (part), 2002: Ord. 1167 § 1, 1992: Ord. 988 (part), 1987: Ord. 984 (part), 1986)

A. The following shall constitute grounds for suspension and revocation of permit:

1. The failure to observe any of the regulations or other provisions of this chapter;

2. If the alarm system for which the permit is issued emits four or more false alarms during any consecutive thirty-day period;

3. The permittee, his/her employee or agent has knowingly made a false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed as prescribed by the provisions of this chapter;

4. Where the state license issued to the applicant has been suspended or revoked by the State Department of Consumer Affairs.

B. A written notice of the revocation stating the reason for such revocation shall be personally served upon or mailed to the permittee by certified mail addressed to the permittee at the permittee's address shown on the application or the latest notice of change on file with the city. In the event the notice of revocation is mailed, service shall be deemed complete upon deposit in the United States mail. The effective date of the revocation of an alarm system permit shall be ten days after the service of the notice of revocation.

C. A permittee desiring a hearing on notice of revocation may file a written request therefore with the chief of police within fifteen days of the service of the notice of revocation. The chief of police shall then notify the permittee of the date, time and place of the hearing. If the chief of police, or his/her designee finds any of the grounds of revocation above-mentioned are present, he/she shall make a finding to that effect setting the exact grounds. The revocation shall then be effective five days after receipt of written notice from the chief of police. If the chief of police, or his/her designee finds none of the reasons are present for revocation of the permit, he/she shall suspend the proceedings and cancel the existing notice of revocation.

D. Whenever revocation of an alarm system permit becomes effective, the permit shall be surrendered to the chief of police.

E. A permit may be restored by the permittee taking all necessary and reasonable steps to resolve the case of the excessive false alarms, to the satisfaction of the chief of police or his/her designee, such proof of repair must be presented in writing to the chief of police or his/her designee. Upon receipt of such proof and payment of all fees and penalties the alarm permit shall be restored.

(Ord. 1327 § 1 (part), 2002: Ord. 1234 (part), 1995: Ord. 988 (part), 1987: Ord. 984 (part), 1986)

A. The action of the chief of police in revoking an alarm system permit may be appealed to the city administrator. A written notice of appeal shall be filed with the city administrator within fifteen days following the service of notice of revocation.

B. The city administrator, or his/her designee shall hear and determine such appeal within ten days of filing the notice of appeal. Written notice of the time and place of the hearing shall be served on the permittee in the same manner as provided for the service of notice of revocation.

(Ord. 1327 § 1 (part), 2002: Ord. 1234 (part), 1995: Ord. 988 (part), 1987; Ord. 984 (part), 1986)

A. No new alarm system permit may be issued for a premises within six months following the first revocation of an alarm system permit previously issued for the same premises.

B. No new alarm system permit may be issued for a premises within one year following the second or subsequent revocation of an alarm system permit previously revoked for the same premises.

(Ord. 1327 § 1 (part), 2002: Ord. 988 (part), 1987)

The information contained in alarm system permit applications and notice of changes shall be confidential and shall not be disclosed other than to city employees or other public officials who require such information in the performance of their official duties.

(Ord. 1327 § 1 (part), 2002: Ord. 988 (part), 1987)

If any provisions of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of this chapter, or the application of such provisions to other persons or circumstances, shall not be affected thereby, and shall not affect the validity of the remaining provisions or applications of this chapter.

(Ord. 1327 § 1 (part), 2002: Ord. 988 (part), 1987)