Tehachapi Municipal Code Ch. 8.70 False Alarms

Footnotes:

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Editor's note— Ord. No. 22-03-768, § 6, adopted January 18, 2022, amended the Code by adding provisions designated as Chapter 8.68, §§ 8.68.010—8.68.040. Inasmuch as there were already provisions so designated, and at the discretion of the editor, the provisions have been redesignated as Chapter 8.70, §§ 8.70.010—8.70.040.

False alarms needlessly divert limited police and fire resources from genuine alarms and other emergencies. Police officers and fire personnel responding to false alarms are no longer available to carry out other vitally important public safety duties. In the interest of using limited resources most effectively, the number of false alarms can and must be reduced. This chapter is intended to reduce the dangers and diversions of false alarms and to encourage alarm users to maintain their alarm systems in good working order and to use them properly, thereby, conserving police and fire personnel time and increasing protection for all city residents.

(Ord. No. 22-03-768, § 6, 1-18-2022)

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

A. "Alarm business" means any person operating for any consideration who is engaged in the installation, maintenance, alteration, or servicing of alarm systems or who responds to such alarm systems.

B. "Alarm system" means an assembly of equipment and devices arranged to signal the presence of any condition upon a premises within the city to which the police and fire department normally responds. The term "alarm system" shall include equipment which is designed to detect an emergency, or which is designed to be activated by a person to report an emergency. Alarm systems include, but are not limited to, local alarm systems, direct connection systems, central station alarm systems, and automatic telephone dialing systems. Alarm systems shall not include audible alarms affixed to automobiles.

C. "Alarm user" means any person who owns, possesses, leases, manages, or controls a premises on which an alarm system has been installed and operates.

D. "Enforcement official" means and includes any city employee or agent of the city authorized by this Code, the city council, or the city manager to investigate and enforce any violation of this Code, including issuing administrative citations.

E. "False alarm" means an alarm signal resulting in a response by any department of the city, such as the police or fire departments, when an emergency does not exist. An alarm shall be presumed false if the responding police or fire personnel do not locate any evidence of an intrusion, the commission of an unlawful act, a fire, or other emergency on the premises that properly caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or other "violent" acts of nature, shall not be deemed false alarms.

F. "Person" means any natural person, business, organization, corporation, or other legal entity.

G. "Premises" means any land or building located within the city, except land or buildings owned or leased by the federal government, the State of California, any political subdivision of the state, or any municipal corporation or special district.

(Ord. No. 22-03-768, § 6, 1-18-2022)

It is hereby declared unlawful and a public nuisance for any person to knowingly make or cause a false alarm within the city. Any person in violation of this section shall be guilty of a misdemeanor and shall be punishable by a fine of up to one thousand dollars and up to six months imprisonment per offense. Whenever an enforcement official determines that a violation of this section has occurred, the enforcement official shall have the authority to issue an administrative citation to each party responsible for that violation. The city shall be entitled to recover all costs associated with any false alarm as provided in Chapter 1.19 of this Code. These penalties and remedies are cumulative and are in addition to any other penalties and remedies available to the city by law or in equity.

(Ord. No. 22-03-768, § 6, 1-18-2022)

A false alarm service charge is hereby imposed upon every alarm user whose alarm system causes more than two false alarms within twelve months. A separate charge shall be imposed for each false alarm in excess of two in the amount set forth in this Code or a fee schedule established by resolution of the city council. However, when an alarm business or alarm user notifies the public safety communication center that there is not an existing situation at the alarm site requiring emergency services response, within three minutes of dispatch and prior to emergency personnel arriving at the scene, no fee will be assessed. The city shall be entitled to recover all service charges and costs associated with any false alarm as provided in Chapter 1.19 of this Code. The procedures provided in this chapter are in addition to all other procedures, remedies, and cost recovery options available to the city by law or in equity.

(Ord. No. 22-03-768, § 6, 1-18-2022)