Loading...
For the purposes of this chapter, the following definitions shall apply.
"Alarm system" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility, or upon land, or for alerting others of the commission of an unlawful act within a building, structure or facility or upon land; and which emits a sound or transmits a signal or message when actuated. Alarm systems include, but are not limited to, automatic telephone dialing devices, hard lines, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected land, building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.
"Audible alarm" means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is activated.
"Automatic telephone dialing device" means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or digital signal an emergency message indicating a need for emergency response.
"False alarm" means a report received by the police department from any source resulting in a response by the police department to the premises on which an alarm system is located, where an emergency situation does not exist.
"First and initial false alarm" means the first occurrence in which the police department responds to the premises and there is a false alarm as defined in this chapter.
"Hard line" means a telephone or other line leading directly from the premises protected by an alarm device, or from an alarm central station to the police department's communication center where the line is used solely to report the existence of circumstances necessitating police response.
"Premises" means any private, residential, commercial, or industrial land and/or buildings located within the city (excluding land or buildings owned, rented, or leased by the federal, state or local government) except school districts.
"Proprietor alarm" means an alarm which is not serviced by an alarm business.
"Responsible party" means any person, firm partnership, company, association, or corporation, or school district, or any owner or lessee of premises on which an alarm system is installed or maintained, or the agent or representative of the above, which or who utilizes an alarm system on premises located within the city.
"Three hundred sixty-five-day period" means the period of time commencing upon the occurrence of a first and initial false alarm, and terminating three hundred sixty-five (365) consecutive days thereafter.
(Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.001)
The chief of police may regulate the number of approved alarm systems terminating directly into the police department when, in the chief's judgment, such devices would interfere with the effective and efficient operations of the police department. The chief shall also have the power to make and enforce such rules and regulations as may, in his or her discretion, be necessary to implement the provisions of this chapter. This may include a no response policy on the part of the Murrieta police department to locations which maintain a nuisance alarm as defined in this chapter. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.003)
It is unlawful for any person to use or cause to be used any electrical or mechanical device or attachment to a telephone that automatically reports a taped or other recorded message of a police or fire emergency directly to the communications center. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor. Each call shall be deemed a separate violation. This section shall not be applicable to handicapped individuals who have requested and received a waiver from the chief of police.
(Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.005)
A. No audible alarm shall be installed, maintained or activated which emits the sound of a siren similar to those utilized on emergency vehicles or for air raid/disaster warnings.
B. Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building. Upon request of the police department, the owner or person responsible for maintaining an alarm system shall provide a list of persons able to respond to an alarm site if needed.
C. Every audible alarm installed after the adoption of this chapter shall have a timing device which automatically shuts off the alarm within fifteen (15) minutes after the alarm is activated. Every audible alarm installed prior to the adoption of this chapter without such a timing device shall be required to have such a device installed if any activated alarm is not deactivated within a thirty minute time limit. The alarm business or person responsible for the maintenance of the system and the owner of the audible alarm shall be responsible for deactivating any alarm within thirty (30) minutes after notification that such alarm is activated and ringing, or within thirty (30) minutes after reasonable efforts have been made to provide such notification.
(Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.007)
A. A service charge shall be assessed against any responsible party within the city, to defray costs incurred in providing law enforcement services in response to a false alarm for each fourth and subsequent police response made to those premises during any three hundred sixty-five-day period as follows:
1. Fourth false alarm--One hundred dollars ($100.00);
2. Fifth false alarm--One hundred fifty dollars ($150.00);
3. Sixth and subsequent false alarm--Two hundred dollars ($200.00).
On the third false alarm, a letter shall be sent to the responsible party for the premises, advising him or her that a service charge shall be imposed for each subsequent false alarm during the three hundred sixty-five-day period.
B. Any hold-up or robbery alarm improperly activated for the purpose of obtaining police response when a hold-up or robbery is not in progress shall be classified as a false alarm. In addition any person who activates the alarm shall be subject to such other penalties as the law allows.
C. All service charges collected shall be placed in a crime prevention fund to be utilized exclusively for the purpose of funding crime prevention programs such as Neighborhood Watch or Business Watch in the city.
(Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.009)
A. The service charge shall be a civil debt owing the city from the owner, occupant or person in possession, charge or control of the location of the alarm unit.
If an invoice for the service charge is unpaid sixty (60) days after mailing, a penalty of ten percent shall be charged, and an additional one and one-half percent per month shall be charged until the charges and penalties are paid in full.
If court action is taken to enforce nonpayment of charges, the user or property owner shall pay all reasonable attorney's fees incurred by the city.
B. Any charges authorized pursuant to this chapter which remain unpaid after the delinquent date as set forth may be collected thereafter by the city as provided in this section.
1. The city council shall cause a report of delinquent charges to be prepared periodically. The council shall fix a time, date and place for hearing and report and any objections or protests thereto.
2. The city council shall cause notice of hearing to be mailed to the property owners listed on the report not less than fifteen (15) days prior to the date of the hearing.
3. At the hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent charges. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
4. The delinquent charges set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent charges plus administrative costs. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment.
(Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.011)
A. An alarm shall be deemed a nuisance alarm and a public nuisance when it has been emitting sound continuously for at least one hour, or intermittently for two hours, and has been reported to the police department as an annoyance by a person in the vicinity of the alarm, and its owner is not available to silence the alarm or to cause it to be silenced.
1. Any officer or police aide of the police department is authorized to enter on exterior private property area, and into vehicles on private property or public streets, for the purpose of silencing a nuisance alarm. Forcible entry may be made into exterior alarm equipment boxes, and attics and crawlspace vents, in order to accomplish this purpose. Actions may be taken to silence vehicle alarms, including the towing of the vehicle, as prescribed in the California Vehicle Code.
2. Neither the city, nor its police officers or police aides, nor any officer or employee of the city or of a private alarm service contractor engaged by the police shall be liable for damages to the owner of a nuisance alarm for silencing the nuisance alarm or for entry on the owner's property for the purpose of silencing a nuisance alarm or for any damage resulting from a reasonable effort to silence the nuisance alarm.
3. An alarm system shall be deemed a nuisance alarm and a public nuisance if such alarm system actuates excessive false alarms. Four false alarms in any ninety-day period is found and determined to be an excessive number of false alarms at any given location.
4. An alarm system shall be deemed a nuisance alarm and a public nuisance if such an alarm system has been intentionally activated at least once to summon the police to an incident for which the alarm system was not intended. This may include, but not limited to, a robbery alarm being intentionally activated for an incident which is not a robbery, or an alarm which is intentionally activated merely to see what police response would result.
5. An alarm system shall be deemed a nuisance alarm and a public nuisance if, upon request of the police department, the responsible party for such a system refuses to provide a list of persons to be contacted should the alarm be activated, or upon request of the police department, refuses to respond to the site of the alarm.
B. No Response Status.
1. If an alarm system has fallen into the category of a nuisance alarm as defined in subsection A of this section, the chief of police may, upon the next activation of that alarm, send a notice of no response to the owner or person responsible for the nuisance alarm. This notice shall indicate that the police department shall not respond to future activations of the nuisance alarm unless a violation of the law is personally reported to the department by a witness at the scene of the alarm.
2. The no response status shall remain in effect until such time that the owner or person responsible for the nuisance alarm has provided adequate evidence to the chief of police that the problems causing the alarm to become a nuisance have been satisfactorily corrected.
(Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.013)