CHAPTER 8.30
FALSE ALARMS
Sections
8.30.010 Purpose and title.
8.30.020 Definitions.
8.30.030 Exceptions.
8.30.040 Alarm business registration - Required.
8.30.050 Alarm business registration - Application.
8.30.060 Alarm business - Change of address.
8.30.070 Central monitoring system - Filing.
8.30.080 Alarm agent registration - Required.
8.30.090 Alarm agent registration - Filing period.
8.30.100 Alarm agent’s possession of registration card.
8.30.110 Alarm user’s permit - Required.
8.30.120 Alarm user’s permit - Application.
8.30.125 Alarm user’s permit - Annual fee required.
8.30.130 Alarm system - Specifications.
8.30.140 Alarm system - Installation and maintenance.
8.30.150 False alarms - Prohibited.
8.30.160 False alarms - Investigation; notice; report.
8.30.170 False alarms - Penalties.
8.30.180 Automatic dialing alarm system prohibited.
8.30.190 Excessive false alarms as public nuisance.
8.30.200 Excessive false alarms - Suspension of permit.
8.30.210 Excessive false alarms - Revocation of permit.
8.30.220 Appeals.
8.30.230 Violations - Penalties.
8.30.240 Severability.
8.30.245 Emergency personnel right of entry
8.30.250 Operative date.
8.30.010 Purpose and title.
A) The purpose of this chapter is to encourage alarm users and alarm businesses to maintain the operational reliability and proper use of alarm systems in order to reduce or eliminate unnecessary responses by city personnel and equipment by regulating preventable false alarms.
B) Nothing herein should be construed to limit or discourage the legitimate use of fire, burglar or other alarms. The use is in the public interest and promotes public health and safety. Furthermore, nothing herein shall prohibit the sounding of any signal necessary for the conduct of an authorized fire drill.
C) This chapter is the Corona False Alarm Ordinance.
(`78 Code, § 8.30.010.) (Ord. 2398 § 1, 1999; Ord. 1793 § 1 (part), 1986)
8.30.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following words and phrases as used in this chapter are defined as follows.
A) "Alarm agent" means the owner or employee of an alarm business.
B) "Alarm business" means any person, partnership, corporation or other entity that sells, leases, maintains, installs, services, repairs, replaces, alters, removes, moves or monitors a police alarm system in or on any building, place or premises within the city. A person, partnership, corporation or other entity engaged solely in the business of selling police alarm systems is not an "alarm business."
C) "Alarm signal" means anything perceptible which could reasonably be interpreted as a communication of the existence of the unauthorized entry on a premises, the commission of an unlawful act or the occurrence of a fire or other emergency to which the Police or Fire Department is reasonably expected to respond.
D) “Alarm user" means any person whose business, place or premises has a police or fire alarm system, whether or not monitored by a central monitoring system.
E) "Central monitoring system" means a system that automatically receives, records, maintains and supervises alarm signals at a central location by observers or operators who are required, upon receipt of an alarm signal, to notify the Police or Fire Department.
F) "Chief” means the Fire Chief or the Chief of Police, whichever is appropriate.
G) "False alarm" means an alarm signal eliciting an emergency response from the Police or Fire Department when a situation requiring such response does not in fact exist, but does not include an alarm signal caused by violent natural conditions or other extraordinary circumstances that would activate an alarm system in reasonably good working condition.
H) "Fire alarm system" means any device designed to detect and to signal the occurrence of a fire or other emergency to which the Fire Department is reasonably expected to respond.
I) "Fire Department," "fire service personnel" or "Fire Chief” means the Fire Chief of the city and designated personnel of the City Fire Department.
J) "Non-priority response" means a response by the police which does not supersede any other response and which is predicated upon the availability of personnel.
K) "Person" means any individual, partnership, corporation or other entity.
L) "The Police" or "Chief of Police" means the Chief of Police of the city, his or her officers and designated employees.
M) “Police alarm system" means any device designed to detect and to signal the unauthorized entry on a premises, the commission of an unlawful act or the occurrence of any other emergency to which the police are reasonably expected to respond.
(`78 Code, § 8.30.020.) (Ord. 1793 § 1 (part), 1986.)
8.30.030 Exceptions.
This chapter shall not apply to:
A) A smoke or heat detector in a single family residential unit not connected to a central monitoring system;
B) An alarm system affixed to a motor vehicle not connected to a central monitoring system.
(`78 Code, § 8.30.030.) (Ord. 1793 § 1 (part), 1986.)
8.30.040 Alarm business registration - Required.
No alarm business shall operate within the city unless such business has registered with the Chief of Police.
(`78 Code, § 8.30.040.) (Ord. 1793 § 1 (part), 1986.)
8.30.050 Alarm business registration - Application.
Every alarm business shall register by submitting to the Chief of Police a completed application for alarm business registration upon city forms that show:
A) The name, permanent address and phone number of the alarm business;
B) The name, permanent address and phone number of the alarm business’s employer;
C) The operations manager for the area which includes the city;
D) The owner of the alarm business; and
E) The alarm business’s license number issued by the State Director of Consumer Affairs.
(`78 Code, § 8.30.050.) (Ord. 1793 § 1 (part), 1986.)
8.30.060 Alarm business - Change of address.
Every alarm business shall report to the Chief of Police any change in address, ownership, operations manager or name within five days of the change.
(`78 Code, § 8.30.060.) (Ord. 1793 § 1 (part), 1986.)
8.30.070 Central monitoring system - Filing.
Every alarm business that has a central monitoring system to monitor police or fire alarm systems located within the city shall maintain on file a current listing of all such alarm systems, along with the address and telephone number of the individual or individuals from whom entry to the protected premises may be obtained.
(`78 Code, § 8.30.070.) (Ord. 1793 § 1 (part), 1986.)
8.30.080 Alarm agent registration - Required.
No persons shall work as an alarm agent within the city unless that person has registered with the Chief of Police.
(`78 Code, § 8.30.080.) (Ord. 1793 § 1 (part), 1986.)
8.30.090 Alarm agent registration - Filing period.
A) Every alarm agent shall register by filing with the Chief of Police a copy of the alarm agent registration card issued him or her by the State Director of Consumer Affairs.
B) Every alarm agent shall report to the Chief of Police any change of business address within five days of such change.
(`78 Code, § 8.30.090.) (Ord. 1793 § 1 (Part), 1986.)
8.30.100 Alarm agent’s possession of registration card.
Every alarm agent engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system at any place of business, other than a place of business occupied by that agent, shall carry on his or her person at all times while so engaged a valid State of California Agent’s Registration Card and shall display that card to any peace officer upon request.
(`78 Code, § 8.30.100.) (Ord. 1793 § 1 (part), 1986.)
8.30.110 Alarm user’s permit - Required.
No person shall use, maintain or possess a police or fire alarm system on premises within the city unless that person has obtained an alarm user’s permit from the appropriate chief.
(`78 Code, § 8.30.110.) (Ord. 1793 § 1 (part), 1986.)
8.30.120 Alarm user’s permit - Application.
Applications for an alarm user’s permit shall be made to the appropriate chief upon city forms which show:
A) The name, address and telephone number of the applicant;
B) The address of the premises where the alarm system is to be located;
C) The type of alarm;
D) The name of the person installing the alarm system;
E) The name of the person to call in case of an alarm; and
F) The name of a person or firm willing to service the alarm system at any time of the day or night.
(`78 Code, § 8.30.120.) (Ord. 1793 § 1 (part), 1986.)
8.30.125 Alarm user’s permit - Annual fee required.
All permits granted under this chapter shall be subject to an annual fee as established by resolution of the City Council.
(`78 Code, § 8.30.125.) (Ord. 2398 § 2, 1999.)
8.30.130 Alarm system - Specifications.
Alarm systems sold within the city shall utilize approved Underwriter’s Laboratories rated protection equipment.
(`78 Code, § 8.30.130.) (Ord. 1793 § 1 (part), 1986.)
8.30.140 Alarm system - Installation and maintenance.
All electrical alarm systems shall be installed and maintained in accordance with applicable requirements of law and uniform codes.
(`78 Code, § 8.30.140.) (Ord. 1793 § 1 (part), 1986.)
8.30.150 False alarms - Prohibited.
No alarm user shall give, signal, transmit or cause or permit to be given, signaled or transmitted a false alarm.
(`78 Code, § 8.30.150.) (Ord. 1793 § 1 (part), 1986.)
8.30.160 False alarms - Investigation; notice; report.
A) Upon finding a false alarm pursuant to an investigation, the Police or Fire Department shall notify the alarm user of the false alarm.
B) Within three days of receiving the above notice, the alarm user shall file a written report with the appropriate chief containing the following information:
- All information regarding the source or the cause of the false alarm;
- Any planned corrective action and projected date of correction.
C) Upon investigation of a false alarm, if a police or fire alarm system continues to emit an alarm signal in excess of 30 minutes, after reasonable efforts to contact the alarm user or the alarm business that monitors such alarm system, the Chief of Police or the Fire Chief may cause such alarm system to be disconnected by an alarm agent.
D) The alarm user shall pay the cost of such disconnection.
(`78 Code, § 8.30.160.) (Ord. 1793 § 1 (part), 1986.)
8.30.170 False alarms - Penalties.
A) The alarm user or alarm business responsible for a false alarm or whose alarm system sends such alarm shall pay a penalty for each false alarm according to the following schedule:
| First false alarm during year: | No penalty; |
| Second false alarm during year: | Meeting with the Fire or Police Chief or his or her representative; |
| Third false alarm during year: | Base assessment; |
| Fourth false alarm during year: | Base assessment times 3; |
| Fifth and subsequent false alarms during year: | Base assessment times 4. |
B) The base assessment shall be set by ordinance of the City Council. The Chief of Police or Fire Chief shall have authority to reduce such penalty amounts, if in his or her reasonable discretion such reduction is in the public interest and is justified under the circumstances.
(`78 Code, § 8.30.170.) (Ord. 2398 § 3, 1999; Ord. 1793 § 1 (part), 1986.)
8.30.180 Automatic dialing alarm system prohibited.
No person shall use or cause to be used a telephone or cable system programmed to dial the Police or Fire Department and to transmit a voice or code message of an alarm signal.
(`78 Code, § 8.30.180.) (Ord. 1793 § 1 (part), 1986.)
8.30.190 Excessive false alarms as public nuisance.
The Chief of Police or Fire Chief may designate an alarm system a public nuisance if it actuates excessive false alarms. It is determined that three false alarms within any three consecutive calendar months is excessive and constitutes a public nuisance.
(`78 Code, § 8.30.190.) (Ord. 1793 § 1 (part), 1986.)
8.30.200 Excessive false alarms - Suspension of permit.
The Chief of Police or Fire Chief shall suspend the permit of an alarm user whose alarm system has been designated a public nuisance. The Chief of Police or Fire Chief shall serve the alarm user with a written order of suspension which shall state the reason for the suspension. The order shall be effective immediately, if personally served, or 72 hours after the order has been deposited with postage prepaid in the United States mail. As soon as such order of suspension becomes effective, in the case of police alarm systems, the police alarm system shall receive non-priority response from the Police.
(`78 Code, § 8.30.200.) (Ord. 1793 § 1 (part), 1986.)
8.30.210 Excessive false alarms - Revocation of permit.
The suspension of the alarm user’s permit shall become a revocation 15 days after the order of suspension becomes effective unless the alarm user presents to the appropriate chief written verification that the system has been completely evaluated and the causes of the false alarms located and corrected. Notice of revocation shall be served by personal service or by certified mail. Upon service of such notice of revocation, the alarm system shall be disconnected. The alarm user shall surrender any permit revoked pursuant to this section to the appropriate chief.
(`78 Code, § 8.30.210.) (Ord. 1793 § 1 (part), 1986.)
8.30.220 Appeals.
Within ten days from the date of receiving notice of a revocation pursuant to § 8.30.210, the alarm user may appeal the revocation to the City Manager. The appeal shall be in writing and shall be filed with the City Clerk. At an informal meeting with the alarm user, not less than five calendar days and no more than 20 calendar days thereafter, the City Manager shall hear and determine the appeal. The decision of the City Manager thereupon shall be final and conclusive. The City Clerk shall notify the appellant in writing no later that three days prior to the scheduled hearing of the time, date and place of the hearing by mailing the notice to him or her at the address stated in his or her written appeal.
(`78 Code, § 8.30.220.) (Ord. 1793 § 1 (part), 1986.)
8.30.230 Violations - Penalties.
Except for a violation of § 8.30.150 (false alarms), a violation of any other provision of this chapter is an infraction and is punishable by a fine of not more than $500. Revocation of a permit shall not be a defense against prosecution.
(`78 Code, § 8.30.230.) (Ord. 1793 § 1 (part), 1986.)
8.30.240 Severability.
If any section or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter and each section or portion thereof irrespective of the fact that any one or more sections or portions may be declared invalid or unconstitutional.
(`78 Code, § 8.30.240.) (Ord. 1793 § 1 (part), 1986.)
8.30.245 Emergency personnel right of entry.
If a fire alarm has remained active and neither the alarm user nor another responsible person opens the premises after a reasonable amount of time, fire officials shall have a limited right to enter the premises to inspect for a fire and to deactivate the alarm. If a medical alert alarm has remained active and neither the alarm user nor another responsible person opens the premises after a reasonable amount of time, immediate entry may be required for responding personnel if such personnel have a reasonable suspicion that exigent circumstances exist. By using a fire alarm or medical alert alarm system, the user impliedly consents to such a right of entry and to be responsible for all costs of repair necessitated by such entry. The fire or medical alarm's activation is prima facie evidence that a fire or medical emergency exists in the premises, even though neither smoke, flames nor a disabled person are immediately discernible upon an examination of the exterior of the premises.
(Ord. 3256 §1, 2017)
8.30.250 Operative date.
A) The provisions of this chapter shall become operative 90 days after the effective date of this chapter for persons conducting an alarm business or engaged as an alarm agent within the city on the effective date. However, any person who has filed an application as required herein for an alarm business permit may continue doing business after the operative date until the application has been processed.
B) The provisions of this chapter relating to alarm user permits shall become operative 120 days after the effective date of this chapter for any alarm user whose alarm system was installed or in operation prior to the effective date of this chapter.
(`78 Code, § 8.30.250.) (Ord. 1793 § 1 (part), 1986.)