Riverside Municipal Code Ch. 9.60 Liability for False Report of an Emergency or of a Criminal Offense And…

The City Council finds as follows:

A. City of Riverside Police, Fire, Community and Economic Development Departments and Code Enforcement and Building and Safety Divisions provide normal services, to residents and business owners of the City, which are funded through taxes collected by the City and paid principally from the City's general fund or user fees.

B. Departments are frequently called upon to provide services and respond to emergency incidents that exceeds what they normally provide or that are otherwise covered by user fees.

C. Extraordinary services arise when Departments are called upon to respond to the same or similar incidents on multiple occasions or respond to certain emergency incidents, or dangerous properties and those services are not covered by a user fee.

D. Residents and business owners abuse the services of the Departments when the Departments are forced to repeatedly respond to the same or similar incidents.

E. The false reporting of an emergency or of a criminal offense or fire officials responding seven or more times to false medical alarms in a year to the same residence or business, unreasonably diverts vital and critical public safety resources.

F. Owners and/or occupants of certain businesses and properties utilize a disproportionate amount of public safety resources thereby diverting these critical resources from other parts of the City.

G. Moreover, owners and/or occupants of certain businesses and properties require extraordinary police services in response to criminal and/or nuisance activities associated with the use and/or occupancy of the premises.

H. It is in the public interest for those who misuse police and fire resources by falsely reporting an emergency or a criminal offense or who utilize a disproportionate amount of public safety resources and require extraordinary police, fire, community and economic development or code enforcement and building safety services or responses to be liable for the costs incurred by the City.

I. Multiple responses by Code Enforcement to the same residence or business after issuance of a Courtesy notice of violation and two citations for the same violation, is a drain on limited public resources.

J. These extraordinary services are more than what the Riverside taxpayers expect and are prepared to pay for.

(Ord. 7739, § 2, 2025; Ord. 7013 § 1, 2008)

This chapter is adopted pursuant to the authority granted in Article XI, Section 5(a) of the California Constitution, Section 200 of the Riverside City Charter, and Section 53158 of the California Government Code. The effective and efficient provision of public safety services including, police, and community and economic development departments, code enforcement and building and safety divisions, ambulance, and fire safety services is a "municipal affair" appropriate for regulation by the City of Riverside.

This chapter is adopted for the purpose of recovering all of the costs expended in responding to and investigating false reports of an emergency, nuisance, or of a criminal offense. This chapter is further adopted for the purpose of holding owners and occupants of certain businesses and properties responsible for the extraordinary police, fire, community and economic development departments, code enforcement and building and safety division services or responses caused by dangerous properties, emergency incidents or criminal and/or nuisance activities associated with these properties and to deter or prevent future extraordinary police responses to these businesses or properties and the diversion of critically-important public safety resources.

(Ord. 7739, § 3, 2025; Ord. 7013 § 1, 2008)

The following definitions apply to this chapter:

Community and Economic Development Departments: Included in this chapter entail Code Enforcement and Building and Safety Divisions.

Dangerous properties. If a building or property is determined by the Building Official or Fire Marshall to be uninhabitable or unoccupiable due to a dangerous condition existing on the property, and the building and/or property is posted by the City as "Do Not Occupy," "Do Not Enter," or equivalent, the property owner is liable for costs of emergency fire, medical, police, and public utility responses to the property, including without limitation the expenses of fighting a fire, which are determined by the Fire Chief, Police Chief, or Building Official to have been caused by or attributed to, in whole or part, the dangerous condition. This section shall only apply if the City notified the property owner of the dangerous condition prior to the response per the applicable code.

Emergency means any condition that results in, or could result in, the response of a public official in an authorized emergency vehicle or aircraft.

Emergency incident includes responding to: a hazardous material incident or emergency; an illegal fire; a threat of harm to oneself or others; any person obstructing, removing, tampering with or otherwise damaging any fire hydrant or city fire appliance; a structure demolition or utility line failure; water rescue attempts; a bomb threat; or any other incident where emergency medical, public safety, police, or community and economic development services are necessary.

Emergency response means the dispatch of one or more police officers to a business or property for a disturbance at the property. A response to a security or fire alarm under Riverside Municipal Code Chapters 5.58 or 5.59 does not constitute an "emergency response" under this chapter.

Extraordinary code services or responses means any of the following:

1. The response and issuance of a second or more administrative citation, for an identical violation(s) at the same business or property within a 90-day period.

"Extraordinary fire service or response" refers to fire or emergency medical services (EMS) activities that go beyond routine service levels due to frequency, hazard, or misuse of the emergency system. This includes, but is not limited to, the following circumstances:

1. Emergency Incidents or Hazardous Properties:

◦ Responses involving significant emergency incidents or properties that pose ongoing, unusual, or excessive risk to life, safety, or properties such as vacant structures with repeated fire activity, known hazardous sites, or locations requiring specialized operational resources.

2. Chronic False Medical Alarms:

◦ Five or more false or non-emergency medical alarm activations originating from the same property within a 12-month period.

◦ Note: A false medical alarm is defined as any activation of the emergency medical system where no actual medical emergency exists upon arrival, including accidental, unfounded, or knowingly improper calls for service.

3. Repeated Responses to the Same Location

◦ Five or more emergency responses by fire or EMS personnel to the same property, address, or business within a 30-day period, excluding authorized activities. This includes responses for medical aid, fire alarms, hazardous conditions, or other service calls.

Extraordinary police service or response means any of the following:

1. The response of three or more police officers and a supervisor to a single emergency response; or

2. The second emergency response to the same business or property within a 30-day period; or

3. The third emergency response to the same business or property within a 90-day period.

Extraordinary fire service or response means any of the following:

1. The response of fire/EMS crews to an Emergency Incident or Dangerous Properties;

2. The response of fire/EMS crews to five or more false medical alarms within a one-year period;

3. The response of fire/EMS crews to the same property or business four or more times within a 30-day period.

False report means either:

1. A person reports to the City that an "emergency" exists, knowing that the report is false.

2. A person reports to a Riverside Police Officer or to the Riverside Police Department that a felony or misdemeanor has been committed, knowing the report to be false.

Occupant means any individual person or business entity that occupies or controls the business or property at the time of the emergency response.

Owner means any individual person or business entity that has legal title to the business or property at the time of the emergency response.

(Ord. 7739, § 2—4, 2025; Ord. 7013 § 1, 2008)

Every person who makes a false report shall be liable for all of the City's actual costs, both direct and indirect, and the expenses investigating and/or responding to the false report.

(Ord. 7013 § 1, 2008)

A. Whenever the City provides an extraordinary service or response to a particular business or property, the City may provide the property owner or occupant with written notice specifying the emergency services provided during the extraordinary service response and, if available, the costs of the response, and may require the owner or occupant to provide the City a written plan for improving the security and safety of the property, or the operation of the business. The plan shall demonstrate in detail:

1. The specific, tangible methods detailing how the plan will be implemented;

2. A time line for implementation of the plan (if the plan cannot be immediately implemented);

3. A good faith analysis by the owner/occupant setting forth how the specific methods to be implemented will reduce those situations necessitating an emergency response; and

4. A statement by the owner/occupant that he/she is committed to implementing the plan.

The plan shall be submitted to the City no later than 14 calendar days after receipt of the notice.

A. The City shall review the proposed plan and determine if it adequately addresses the public safety and security issues which have led to the emergency responses. If the City determines that the plan adequately addresses the public safety and security issues, the City shall approve the plan, and notify the owner/occupant to immediately implement the plan.

B. If the City determines that the proposed plan does not adequately address the security and safety issues, or if no plan is received, the City shall develop a plan to address public safety and security issues. The plan may include any reasonable changes in the design or operation of the property or business, including the requirement for provision of private security at no cost to the City of Riverside. The City shall notify the owner or occupant of the plan and shall specify a reasonable deadline for compliance.

C. The City may also require that the owner and/or occupant execute a trespass arrest authorization form pursuant to Riverside Municipal Code Section 9.04.300 G to assist the Riverside Police Department in arresting all persons loitering on the property and not patronizing the businesses located thereon. The City may further require that the owner and/or occupant erect one or more signs conspicuously posted at every walkway and driveway entering the property or as otherwise directed by the City. The sign shall state in substantial form as follows:

WARNING NO LOITERING PERMITTED BUSINESS PATRONS ONLY Violators Subject to Arrest (CPC 602/RMC 9.04.300)

(Ord. 7739, § 5, 2025; Ord. 7013 § 1, 2008)

The owner and/or occupant of the business or property shall be liable for the cost of the extraordinary police, fire, community and economic development, code enforcement, or building and safety division service or response.

A. "Assessable costs" means the direct and reasonable costs incurred in connection with a response to a public safety or fire emergency incident within the City.

(1) Assessable costs include all, but are not limited to:

a. Salaries, wages, or fringe benefits of the City personnel responding to the incident;

b. Salaries, wages, or fringe benefits of the City personnel engaged in the investigation, supervision and report preparation regarding the incident;

c. Salaries, wages, or fringe benefits of the personnel of assisting governmental agencies or any other private or public entities operating at the request, direction, or on behalf of the City in response to the incident.

B. The failure of an owner or occupant to implement and/or abide by the plan approved by the City under Riverside Municipal Code Section 9.60.050, shall render the owner and occupants of the property jointly and severally liable for the actual cost of providing the extraordinary City service incurred in the future, until the owner or occupant implements and/or abides by the plan.

C. The cost of the extraordinary police, fire, community and economic development, code enforcement, and building and safety service or response shall be calculated based upon the actual costs, both direct and indirect, of providing the extraordinary City service or response and shall be billed to the owner and/or occupants of the business or property.

D. Any person whose negligence causes an incident resulting in an emergency response necessary to protect the public from a real and imminent threat to health and safety to confine, prevent, or mitigate the release escape, or burning of hazardous substances shall be liable for all expenses incurred to the extent permissible under California Health and Safety Code Section 13009.6.

E. An owner or occupant shall not be liable under this section if that person was not the owner or occupant of the property during the time the extraordinary City service was rendered.

F. An owner or occupant who is an individual person and is the victim of a crime shall not be liable for the extraordinary City service or response related to that crime.

G. Any violation of this chapter is civil, not criminal, and is in addition to any other available remedy provided by law, including administrative citations and penalties.

(Ord. 7739, § 6, 2025; Ord. 7013 § 1, 2008)

A. All costs levied under this chapter are due and payable within 30 days of being billed, a penalty equaling ten percent of the levied amount will be assessed on the day following the due date. Thereafter, the delinquent amount will incur an interest penalty of one percent of the outstanding balance accrued every 30 days.

B. The costs are a charge against the person, occupant, or owner liable for those costs under this chapter. The parent or parents of a minor child who has violated this chapter may be responsible for the debt.

(Ord. 7013 § 1, 2008)

A bill for the cost of the extraordinary police service or response may be appealed as set forth in Section 1.17.400 et seq.

(Ord. 7708, § 34, 2025)

Editor's note— Ord. 7708, § 33, adopted 2025 renumbered § 9.60.080 as § 9.60.090.

If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this ordinance are severable.

(Ord. 7708, § 33, 2025; Ord. 7013 § 1, 2008)