Victorville Municipal Code Ch. 3.50 False Police and Fire Alarms

Footnotes:

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Editor's note— Ordinance No. 2266, adopted January 18, 2011, renumbered §§ 8.07.010—8.07.060 as new §§ 3.50.010—3.50.060.

This title shall be known as the "False Alarm Ordinance of the City of Victorville."

(Ord. No. 2266, 1-18-2011)

As used in this chapter, the following terms shall have the following meanings:

The term "alarm system" means any device designed and installed for purpose of detection and/or apprehension of persons effecting unauthorized entry and/or attempted entry into any premises, or for alerting emergency entities of the commission of an unlawful act, which device, when activated, emits a sound beyond the business premises, residential unit or dwelling protected by such device, or transmits a signal or message to another location. It also means a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signal in the event of fire or system activation.

"Enforcing agency" means the Victorville police department and/or the fire department.

The term "false alarm" means an activated alarm or alarm signal from any alarm system which is responded to within the city by the fire or police department, but for which no emergency situation exists, or where there is no evidence to indicate that there was an emergency situation as determined by the responding emergency personnel. "False alarm" shall not include those alarms activated by extraordinary meteorological, atmospheric or other conditions or means as determined by the enforcing agency.

The term "fiscal year" means the period of time from, and including, July 1st of any year to, and including, June 30th of the following year.

"Person" means any individual, partnership, corporation or other entity.

(Ord. No. 2266, 1-18-2011)

The city council finds and determines that emergency response to false alarms creates a drain on the manpower and resources of their staffing level, while leaving other areas of the city without minimum levels of protection during the time spent on said false alarms. This creates a hazard to the citizens in the unprotected areas in addition to increased, unnecessary safety risks to emergency personnel, motorists, and other citizens as emergency personnel try to respond quickly to all emergency calls.

(Ord. No. 2266, 1-18-2011)

A service fee, as established and approved by resolution of the city council, is established in order to defray costs incurred in providing emergency services in response to a false alarm and shall be paid to the city by each person owning, renting or leasing a premises for each third and subsequent emergency response made to said premises generated by a false alarm during any fiscal year.

(Ord. No. 2266, 1-18-2011)

Upon notification by the enforcing agency of a false alarm response, the city's finance department shall cause to be issued a monthly bill for the unpaid service charges accrued during the billing period and any prior periods. Such bill shall be due and payable within thirty days after the billing date. The amount of any service charge shall be deemed a debt to the city. An action may be commenced in the name of the city and any court of jurisdiction for the amount of any unpaid service charges. All service charges shall be deemed delinquent thirty days after they are due and payable.

(Ord. No. 2266, 1-18-2011)

(a) Any person receiving a bill for a false alarm response may, within fifteen days after the bill was sent, request a hearing with the enforcing agency for the purpose of appealing the fee. Any appeal regarding the billing shall be heard by the enforcing agency or his designee.

(b) After the request for appeal is filed, the city's finance department shall be notified by the enforcing agency and the city shall withhold collection until the conclusion of the appeal.

(c) If, after a hearing with the enforcing agency, the appeal is denied in part or in full, all amounts due to the city shall be paid within thirty days. The city's finance department shall be notified by the enforcing agency of the appeal hearing outcome.

(Ord. No. 2266, 1-18-2011)