San Bruno Municipal Code Ch. 6.48 False Alarms

A. The city council finds and determines that repeated responses to false alarms by the city can result in a significant expenditure of police department time and resources and increased costs to the public for law enforcement services. The council, therefore, finds that it is necessary and appropriate for the city to seek to recover the costs of repeated responses to false alarms from the persons responsible for such alarms through the imposition of false alarm fees.

B. In addition to any other remedies available to the city pursuant to this code or state law, the police chief may, pursuant to the procedure set forth herein, impose false alarm fees to recover the costs of police department responses to multiple false alarms, which result from causes other than acts of God, within a one hundred eighty-day period. Such false alarm fees shall be in the amounts established by resolution of the city council, and shall be progressively higher for each false alarm which occurs during a one hundred eighty-day period.

After the second false alarm from an alarm system during a one hundred eighty-day period, the police department may send a warning notice to the person responsible for the alarm which shall state the date and time of the second false alarm, and that if subsequent false alarms resulting from causes other than acts of God should occur within the one hundred eighty-day period, the police chief may impose false alarm fees pursuant to this section. This warning notice shall state the amount of the false alarm fees which could be imposed by the city.

C. An alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed pursuant to this chapter for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or an alarm company operator, or defective equipment leased by an alarm company operator.

(Ord. 1643 § 1, 2001; Ord. 1897 § 3, 2021)

A. Notice of Proposed Imposition of False Alarm Fees. The police department shall send by first class and return receipt mail to the alarm user at his or her address a notice which shall specify the date, time and nature of the events which are the basis for the proposed imposition of false alarm fees, and the maximum cost being imposed by the city. The notice shall state that the alarm user has the right to request a hearing before the police chief, or designee on the proposed imposition of false alarm fees by submitting a written request therefor to the police department within ten days of the date of the notice. Payment shall be within thirty days of mailing of the bill to the person(s).

B. Hearing on Imposition of False Alarm Fees. Upon the receipt of a timely written request from the alarm user for a hearing, the police department shall set the matter for a hearing before the police chief or designee on a date which is at least ten days from the date of receipt of the request for a hearing by the police department. At the hearing, the alarm user may be represented by counsel and may present relevant evidence regarding the alleged grounds for imposition of false alarm fees.

C. Decision by Police Chief. The police chief shall render a written decision within a reasonable time period after the hearing.

(Ord. 1643 § 1, 2001; Ord. 1897 § 3, 2021)

Any person or persons in charge aggrieved by the decision of the chief of police relating to the imposition of false alarm fees may, within ten days of the written notice of the decision of the chief of police, appeal such decision to the city manager by the filing of a notice of appeal with the city clerk. If such appeal is not taken within ten days, the decision of the chief of police shall be final. For purposes of this section, the ten days shall commence to run from the date specified on the written notice issued by the chief of police, and not from the date the notice is actually received by the applicant.

(Ord. 1643 § 1, 2001; Ord. 1897 § 3, 2021)

Upon referral or appeal to the city manager, the decision of the chief of police shall be scheduled for an evidentiary hearing.

(Ord. 1643 § 1, 2001; Ord. 1897 § 3, 2021)

A copy of the notice of hearing shall be mailed to the alarm user. The city manager may give such additional notice of hearing as the city manager deems appropriate in the particular case.

(Ord. 1643 § 1, 2001; Ord. 1897 § 3, 2021)

At the date set for hearing, the city manager shall hear all competent testimony relating to the granting of the permit and may continue the hearing to a fixed date.

(Ord. 1643 § 1, 2001; Ord. 1897 § 3, 2021)

The city manager may waive, decrease or increase the fees subject to such condition as deemed reasonable under the circumstances. The decision of the city manager may be appealed to the city council in accordance with Chapter 1.32 of this code.

(Ord. 1643 § 1, 2001; Ord. 1897 § 3, 2021)