© Copyrighted. Municipal Code Corp., affiliated Municipality. 1997.
Chapter 26 EMERGENCY SERVICES*
*Cross reference(s)Fire prevention and protection, ch. 30; floods, ch. 34.
Article I. Emergency Response and Services
Sec. 26-1. Emergency organization; purpose.
Sec. 26-2. "Emergency" definition.
Sec. 26-3. Disaster councilCreation; membership.
Sec. 26-4. SamePowers and duties.
Sec. 26-5. Director and assistant director of emergency servicesGenerally.
Sec. 26-6. SamePowers and duties.
Sec. 26-7. Emergency organization.
Sec. 26-8. Emergency plan.
Sec. 26-9. Expenditures.
Sec. 26-10. Punishment of violations.
Sec. 26-11. Severability.
Sec. 26-12. Supremacy of state rules and regulations.
Secs. 26-1326-25. Reserved.
Article II. Public Safety Alarms
Sec. 26-26. Purpose.
Sec. 26-27. Definitions.
Sec. 26-28. Penalties.
Sec. 26-29. Exemptions.
Sec. 26-30. Permit for alarm system.
Sec. 26-31. Direct dial telephone device.
Sec. 26-32. Audible alarm deactivation.
Sec. 26-33. Sirens prohibited.
Sec. 26-34. False alarm cost recovery fees.
Sec. 26-35. Other fees.
Sec. 26-36. Corrective action.
Sec. 26-37. Limitation on liability.
Sec. 26-38. Reserved.
ARTICLE I. EMERGENCY RESPONSE AND SERVICES
Sec. 26-1. Emergency organization; purpose.
The declared purposes of the article are to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; the direction of the emergency organization established herein; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons. This article is further intended to implement the local disaster council requirements found under California Government Code, § 8610 et seq., as amended.
(Ord. No. 944, § 1, 2-1-96)
Sec. 26-2. "Emergency" definition.
As used in this article, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons or property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of services, personnel, equipment, and facilities of the city, requiring the combined forces of other political subdivisions to combat. This definition shall include a state of emergency or a state of war emergency called by the governor of the state for territory including the city.
(Ord. No. 944, § 2, 2-1-96)
Sec. 26-3. Disaster councilCreation; membership.
The city of disaster council is hereby created and shall consist of the following persons:
(1)The mayor, who shall be chairperson;
(2)The director of emergency services, who shall be vice-chairperson;
(3)The assistant director of emergency services;
(4)Such chiefs of emergency services or other persons as are provided for in a current emergency plan of the city, adopted pursuant to this article, or by resolution of the city council.
(Ord. No. 944, § 3, 2-1-96)
Sec. 26-4. SamePowers and duties.
It shall be the duty of the city disaster council to develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon the call of the chairperson or, in his or her absence from the city or inability to call such meetings, upon the call of the vice-chairperson.
(Ord. No. 944, § 4, 2-1-96)
Sec. 26-5. Director and assistant director of emergency servicesGenerally.
The following offices are hereby established by the city council:
(1)The office of director of emergency services, which shall be held by the city manager;
(2)The office of assistant director of emergency services. The assistant director shall be appointed by the director and shall serve at the pleasure of the director. Upon the appointment of the assistant director, the director shall notify the city council and members of the city disaster council of such appointment.
(Ord. No. 944, § 5, 2-1-96)
Sec. 26-6. SamePowers and duties.
(a) The director of emergency is hereby empowered to:
(1)Request the city council to proclaim the existence of threatened existence of a local emergency if the city council is in session, or issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect;
(2)Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency;
(3)Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this article;
(4)Direct cooperation between and coordination of services and staff of the emergency organization of the city;
(5)Resolve any questions of authority and responsibility that may arise among city staff, local organizations and the staff of the emergency organization established pursuant to this article, adopted emergency plans or other regulations;
(6)Represent the city in all dealings with public and private agencies on matters pertaining to emergencies as defined herein;
(7)Be the authorized signatory on all emergency-related documents, including state office of emergency services and federal emergency management agency documents, unless another officer is designated by law or regulation;
(8)In the event of the proclamation of a local emergency, the proclamation of a state of emergency by the governor or the director of the state office of emergency services, or the existence of a state of war emergency, the director is hereby empowered:
a.To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules must be confirmed at the earliest practicable time (no later than seven days thereafter) by the city council;
b.To obtain supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
c.To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the County of Fresno or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties, which persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster workers;
d.To requisition necessary personnel or material of any city department or agency; and
e.To execute all of his or her ordinary power as city manager, all of the special powers conferred upon him by this article, resolution, regulation, or emergency plan adopted by the city council, all powers conferred on her or him by any statute or regulation, by any agreement approved by the city council, and by any other lawful authority.
(b) The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform her or his duties during an emergency. Such order of succession shall be approved by the city council.
(c) The assistant director shall, under the supervision of the director and with the assistance of the emergency service chiefs, develop emergency plans and manage the emergency programs of the city, and shall have such other powers and duties as may be assigned by the director.
(Ord. No. 944, § 6, 2-1-96)
Sec. 26-7. Emergency organization.
All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of subsection 26-6(a)(6)c. of this article, be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city.
(Ord. No. 944, § 7, 2-1-96)
Sec. 26-8. Emergency plan.
The city disaster council shall be responsible for the development of the city emergency plan. The emergency plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency. It shall also provide for the organization, powers and duties, services and staff on the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.
(Ord. No. 944, § 8, 2-1-96)
Sec. 26-9. Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. Such expenditures made in connection with emergency activities shall not be subject to the normal bidding requirements under City Code sections 2-206 to 2-221, inclusive.
(Ord. No. 944, § 9, 2-1-96)
Sec. 26-10. Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for not to exceed six months, or both, for any person, during an emergency, to:
(1)Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this article, or in the performance of any duty imposed upon him by virtue of this article;
(2)Do any act forbidden by any lawful rule or regulation issued pursuant to this article, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof;
(3)Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state.
(Ord. No. 944, § 10, 2-1-96)
Sec. 26-11. Severability.
If any provision of this article or the application thereof to any personal circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of the article are declared to be severable and shall remain in full force and effect.
(Ord. No. 944, § 11, 2-1-96)
Sec. 26-12. Supremacy of state rules and regulations.
Nothing herein shall be deemed to conflict with the California Emergency Services Act found in California Government Code, § 8550 et seq., as amended. Any conflict between this article, the plans and regulations adopted hereunder and the Emergency Services Act and the lawful regulations and proclamations adopted thereunder shall be resolved in favor of the provisions of the state law, rules, regulations and proclamations, as amended.
(Ord. No. 944, § 12, 2-1-96)
Secs. 26-1326-25. Reserved.
ARTICLE II. PUBLIC SAFETY ALARMS*
*Cross reference(s)Buildings and building regulations, ch. 14; false fire alarms, § 38-3.
Sec. 26-26. Purpose.
The purpose of this article is to set forth regulations governing burglary, robbery and other law enforcement alarm systems; to reduce false alarms; to require registration of alarm systems; and to authorize the collection of fees.
(Code 1960, § 5.231)
Sec. 26-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm agent means a person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to or causing others to respond to an alarm system in or on any building, structure or facility in the city.
Alarm business means a business engaged in the sale, lease, maintenance, service, repair, alteration, replacement, installation or monitoring of alarms in or on any building, place or premises.
Alarm owner means the person who uses an alarm system or makes it available for use by others.
Alarm system means an assembly of equipment and/or devices arranged to signal the presence of a hazard requiring urgent attention and to which police units are expected to respond. Alarm systems include, but are not limited to, direct dial tone devices, audible alarms and proprietor alarms. Devices not arranged to evoke a police emergency response or to register alarms not audible, visible or perceptible outside of the protected building, structure or facility, are not alarm systems within the meaning of this section.
Appellant means a person who files an appeal pursuant to this article.
Applicant means a person who files an application for an alarm permit as provided for in this article.
Audible alarm means a device which generates an audible sound at the location of the protected premises which is intended to elicit an emergency services response to the protected premises.
Burglar alarm means an alarm designed for detection of the unauthorized entry or attempted entry on or into a premises or structure.
Direct dial device means a device connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating the need for a police emergency response.
False alarm means the activation of an alarm system eliciting a response by the police department where the emergency situation for which the alarm system was designed or used does not exist.
Proprietor alarm means an alarm not regularly serviced by an alarm business.
Robbery alarm means an alarm which is activated manually by the alarm owner for the purpose of notifying law enforcement of a robbery as defined in Penal Code § 211.
Silent alarm means an alarm which transmits a signal to an off premise location to indicate that an emergency situation exists to which police are expected to respond.
(Code 1960, § 5.232; Ord. No. 921, § 1, 11-3-94)
Cross reference(s)Definitions and rules of construction generally, § 1-2.
Sec. 26-28. Penalties.
Violations of this article shall be deemed an infraction and shall be punishable as follows:
(1)Installing or using an alarm system without a permit, or using an alarm system after revocation or suspension of a permit . . . . $100.00
(2)Failure to take corrective action as required in section 26-36 . . . . 100.00
(3)Operating an audible alarm without an automatic reset . . . . 100.00
(4)Operating an alarm system which utilizes a direct dial de-vice to the city police department . . . . 250.00
(5)Installing or using an alarm system installed after May 31, 1987, which, upon activation, emits a sound similar to sirens in use by police or fire emergency vehicles or for civil defense purposes . . . . 250.00
(6)Failing to maintain a current and accurate listing with the police department of two persons to be notified to render repairs or service to an alarm system, as required in section 26-30 . . . . 100.00
(Code 1960, § 5.240)
Sec. 26-29. Exemptions.
The provisions of this article are not applicable to audible alarms affixed to motor vehicles or to public utilities which furnish utility services pursuant to tariffs on file with the state public utilities commission.
(Code 1960, § 5.245)
Sec. 26-30. Permit for alarm system.
(a) No person shall install or use an alarm system without first obtaining an alarm permit issued by the city in accordance with the provisions of this section.
(b) Application for an alarm permit shall be filed with the chief of police or his designee on forms provided by the city. The application shall be signed and verified by the owner or user of the alarm system for which the permit is requested and the owner or occupant of the premises in which the alarm system is to be installed. The application shall contain such information as may be required by the chief of police in order to ensure that the permit is issued in accordance with the provisions of this section. No fees shall be collected for issuing alarm permits.
(c) The permit shall include the following: the names, addresses and telephone numbers of at least two persons to be notified to respond to an alarm activation any hour of the day or night during which the alarm is in operation. This information shall be kept current and updated during all times that the alarm permit is in effect; the name, address and telephone number of an alarm business/technician to be contacted by the police department to deactivate an alarm which did not terminate within the times provided for in section 26-32; a release of liability authorizing the police department to deactivate an audible alarm which did not terminate within the times provided for in section 26-32.
(d) An alarm permit may be suspended and/or revoked for violation of any provisions of this article.
(e) The city shall send to the permittee, by registered or certified mail, return receipt requested, notice of intent to revoke or suspend the alarm permit.
(f) The notice shall specify the reasons and violations upon which it is based, and it shall advise the permittee that unless an appeal is filed with the city manager within 15 days, the proposed revocation or suspension will go into effect.
(g) The notice of appeal shall set forth the facts and reasons upon which the appeal is based. The notice of appeal shall be filed not later than 15 days after service of the notice of intent to revoke or suspend the alarm permit.
(h) The city manager shall, within 15 days of the date on which the appeal is filed, hold an informal administrative hearing, at which he shall consider all relevant evidence, make findings and determine the merits of the appeal. Technical rules of evidence shall not apply to such hearings. The city manager may affirm, overrule or modify the proposed suspension or revocation, and the decision of the city manager shall be final.
(i) In the event a premises served by an alarm sustains more than six false alarms within a 12-month period, the premises will be placed and remain on an alarm non-response list until such time as all fines and/or fees are paid, a proof of correction has been submitted to the chief of police and a new alarm permit has been issued for such premises.
(j) This article is subject to judicial review pursuant to Code of Civil Procedure § 1094.6.
(Code 1960, §§ 5.2335.236; Ord. No. 921, § 2, 11-3-94)
Sec. 26-31. Direct dial telephone device.
No person shall install or use any alarm system equipped with a direct dial device, which, when the alarm is activated, automatically dials a telephone number in an office of the city police department.
(Code 1960, § 5.237)
Sec. 26-32. Audible alarm deactivation.
(a) All audible alarms installed after May 31, 1987, shall be adjusted so that they automatically terminate within 15 minutes of being activated.