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Home My WebLink AboutNS-1980 - Adding Section 14-38 to Santa Ana Municipal Code to Assess Penalties for Accidental Fire Alarms 001 REL:mb(13) 5/2/88 ORDINANCE NO. NS- 19~0 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 14-38 TO THE SANTA ANA MUNICIPAL CODE TO ASSESS PENALTIES FOR ACCIDENTAL FIRE ALARMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 14-38, which said section reads as follows: Sec. 14-38. Accidental Alarms. Section 11.303 is added to the Uniform Fire Code, to read as follows: Sec. 11.303. (a) As used herein, "accidental alarm" means an alarm, message, signal, or notice received by the fire department as a result of the failure of a fire alarm system to function properly. (b) When accidental alarms are received by the fire department, the fire chief is authorized to demand that the user of the responsible fire alarm system correct, replace, or disconnect such system. (c) Any person having an alarm system which results in a fire department response in which the alarm proves to be an accidental alarm, shall pay a penalty assessment fee to the City of Santa Ana as follows: (1) Accidental alarms, other than those defined in paragraph (2) of this subsection, received by the Santa Ana Fire Department from alarm systems which are in existence at the time of the adoption of this section and which are in excess of the maximum allowable number, as set forth in paragraph (3) of this subsection, shall result in a fifty dollar ($50.00) penalty assessment. (2) Accidental 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 ORDINANCE NO. NS-1980 PAGE TWO (3) are in existence at the time of the adoption of this section and are in excess of the maximum allowable number of false alarms, as set forth in paragraph (3) of this subsection, shall result in a one hundred dollar ($100.00) penalty assess- ment. Penalty assessments shall be made for accidental alarms which number: More than one (1) in any thirty-day period; or more than two (2) within any ninety-day period; or more than three (3) within any one-year period. (d) Commencing with the date of a new alarm installa- tion and for six (6) months thereafter, there shall be no charge for the first through third accidental alarms. There- after any person having an alarm system which results in a fire department response in which the alarm proves to be an accidental alarm, shall pay a penalty assessment fee to the City of Santa Ana as follows: (1) For the forth and subsequent accidental alarms, other than those defined in subsection (c)(2) of this section, in such six-month period, there shall be a penalty assessment of fifty dollars ($50.00) per accidental alarm. At the expiration of the six-month period, the penalty assessment shall be governed by the provisions contained in subsections (c)(1) and (c)(3) of this section. (2) For the fourth and subsequent accidental alarms as defined in subsection (c)(2) of this section in such six-month period, there shall be a penalty assessment of one hundred dollars ($100.00) per accidental alarm. At the expir- ation of the six-month period, the penalty assessment shall be governed by the provisions contained in subsections (c)(2) and (c)(3) of this section. (e) The fire chief reserves the right to discontinue response by fire department personnel to any location of a silent or audible alarm when (1) the alarm user has been given written notice and assessed six (6) penalty assessments I · 003 ORDINANCE NO. NS-lgS0 PAGE THREE within a one year period, or (2) the alarm user has failed to pay any such penalty assessment. Reinstatement may occur when the alarm user has taken steps to eliminate or correct the problem(s) and has documented the corrective action in writing to the fire chief. SECTION 2: 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. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ]5th day of November , 1988. ATTEST '. ~/(ni/ce C. Guy / ~lerk of the Council~ COUNCILMEMBERS: Young Aye McGuigan Ab~egt Acosta Absent Griset Aye Hart Absent May Aye Pulido Aye 'D~iel H. Y~ng/ Mayor APPROVED AS TO FORM: City Attorney