California law for tampering with fire extinguishers?
Paul Mendenhall
Outside my apartment, there is a box that contains a fire extinguisher,
The label on the box states that:
"anyone found tampering with a fire extinguisher could be fined
up to $1000 and spend six months in jail"
and then it makes a reference to california penal code, section 603:
--
603. Every person other than a peace officer engaged in the
performance of his duties as such who forcibly and without the
consent of the owner, representative of the owner, lessee or
representative of the lessee thereof, enters a dwelling house, cabin,
or other building occupied or constructed for occupation by humans,
and who damages, injures or destroys any property of value in, around
or appertaining to such dwelling house, cabin or other building, is
guilty of a misdemeanor.
--
How does Penal Code 603 apply to fire extinguishers?
I thought it would make a direct reference to fire extinguishers.
If a fire extinguishers and fire hydrants are considered to be
"fire protection equipment" would PC 148.4 apply to fire extinguishers
and to fire hydrants?
--
148.4. (a) Any person who does any of the following is guilty of a
misdemeanor and upon conviction is punishable by imprisonment in a
county jail, not exceeding one year, or by a fine, not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment:
(1) Willfully and maliciously tampers with, molests, injures, or
breaks any fire protection equipment, fire protection installation,
fire alarm apparatus, wire, or signal.
(2) Willfully and maliciously sends, gives, transmits, or sounds
any false alarm of fire, by means of any fire alarm system or signal
or by any other means or methods.
(b) Any person who willfully and maliciously sends, gives,
transmits, or sounds any false alarm of fire, by means of any fire
alarm system or signal, or by any other means or methods, is guilty
of a felony and upon conviction is punishable by imprisonment in the
state prison or by a fine of not less than five hundred dollars
($500) nor more than ten thousand dollars ($10,000), or by both that
fine and imprisonment, if any person sustains as a result thereof,
any of the following:
(1) Great bodily injury.
(2) Death.
--
http://www.leginfo.ca.gov/calaw.html
Thanks for your answers, as somebody in my apartment complex has
been vandalizing the fire extinguishers.
Glenn Highcove
vandalism problem (if your aparment manager will go along with it). Would
it be possible to hook up some of those really loud personal alarm systems
that they sell at Radio Shack and other places to the back of the thing?
That way, if someone removes it, everyone will know. Just a suggestion, and
perhaps it isn't legally feasible, so if I'm wrong in a big way, please
don't flame me too severely. 8*)
Paul Mendenhall <PMend...@accessone.com> wrote in message
news:37649AC8...@accessone.com...
David Altamirano
so I don't know how or why it would apply. CPC section 148.4, which you
also mention is more often applied. Also, the Uniform Fire Code or whatever
fire code your agency has adopted most likely has a section regarding the
theft/tampering with of fire protection equipment.
I suggest that the apartment manager or owner contact your local fire
department. Some permit alternate means of protection in areas where theft
is a problem; i.e., an extinguisher in every apartment or a permanently
affixed garden hose with a permanently affixed nozzle with a sign stating
"for fire only" etc.
Paul Mendenhall wrote in message <37649AC8...@accessone.com>...