Loading...
HomeMy WebLinkAbout11A - FALSE ALARM PENALTY TLJ 11 /9/09 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-280 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FALSE ALARM PENALTY ASSESSMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of -the City of Santa Ana hereby finds, determines and declares as follows: A. Santa Ana Municipal Code Section 10-280 provides for false alarm penalty assessments for the alarm system requirements within the City of Santa Ana, which are established under Article VI of the Santa Ana Municipal Code. 1. Currently, Santa Ana Municipal Code Section 10-280(c) does not reflect the false alarm billing time frame standard that is set forth per Resolution No. 2009-030, Miscellaneous Fee Schedule, section 5, subsection 5520. 2. It is necessary to correct this discrepancy by amending Section 10-280(c) to reflect the current false alarm billing time frame standard. B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 10-280 of the Santa Ana Municipal Code is hereby amended, such that it reads as follows: Ordinance No. NS-XXX Page 1 of 3 11 A-1 Sec. 10-280. False alarm penalty assessment. (a) When any emergency alarms, messages, signals or notices are received by the police department showing that an alarm user has failed to meet any of the requirements of this article, the chief of police is authorized to demand that the user of that alarm system disconnect the system until it is made to comply with said requirements. (b) Except as otherwise provided in subsections (c) and (d) of this section, any person having an alarm system which results in a police response in which the alarm proves to be a false alarm shall pay a penalty assessment fee to the City of Santa Ana in such amount as shall be established by resolution of the city council. The penalty assessment for false alarms from alarms designed to be activated while the business is open and/or occupied and requiring activation by an employee, or a residential alarm designed to be activated by the tenant from within the residence, which indicate the commission of a crime defined by California Penal Code Section 211 (Robbery) may be higher than the penalty assessment for other false alarms. (c) Except for robbery and/or panic false alarms for commercial establishments, which shall be assessed a penalty on the first activation, penalty assessments shall only be made for false alarms which number more than one (1) in a twelve (12) month period. This twelve (12) month period is determined by the date of the most recent false alarm. (1) On the sixth false alarm occurring within a twelve (12) month period, a written warning will be issued with an invoice stating that two or more false alarms within the twelve (12) month period will result in automatic non-response status. (2) On the eighth false alarm occurring within a twelve (12) month period, the location will automatically be placed on non-response status until all fees are paid and written proof of correction (alarm company work order) and a written request by the user requesting reinstatement is received by the City. (d) Commencing with the date of a new alarm installation and for six (6) months thereafter, there shall be no charge for the first through third false alarms. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 2 of 3 11 A-2 ADOPTED this day of , 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 3 of 3 11 A-3 11 A-4