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HomeMy WebLinkAboutNS-2196 - Santa Ana Municipal Code to Revise the Police Alarm System Regulations of the City of Santa Ana162 ORDINANCE NO. NS-2196 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-273, 10-276, 10- 277, 10-280, 10-282, AND 10-283 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE POLICE ALARM SYSTEM REGULATIONS OF THE CITY OF SANTA ANA THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 10-273 of the Santa Ana Municipal Code is hereby amended to read as follows. Seo. 10-273. Alarm agent registration required. It shall be unlawful for any person, including the owners of an alarm business, to act as an alarm agent within the city of Santa Ana without first having registered his or her name and filed with the chief of police a copy of the alarm agent registration card issued to him by the state director of consumer affairs pursuant to the provisions of Section 7514(g) of the california Business and Professions Code; provided, however, nothing herein shall require a person to so register in order to install, service, repair, alter, replace, or move an alarm system on the premises owned or occupied by that person; and further provided, nothing herein shall require a person to so register who is merely a salesperson for any business not required to obtain an alarm business license under the provisions of section 10-272 if such salesperson does not engage in any other activities related to alarm systems apart from selling. SECTION 2: That section 10-276 of the Santa Ana Municipal Code is hereby amended to read as follows. 8sc. 10-276. Alarm user's license. No person shall install, or cause to be installed, used, maintain, or possess an alarm system on any business or residential premises owned or in the possession or control of such person within the City of Santa Ana without first having obtained an alarm user's license from the chief of police in accordance with this section. The application for an alarm user's license shall be filed with the chief of police. The chief of police shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the license application. The application shall include the address of the business or residen- tial premises where the system is to be located and the name, address, and telephone number of the applicant and the person who ORDINANCE NS-2196 ~64 Page 2 will render service or repairs during any hour of the day or night. Every application for an alarm user's license shall be accompanied by payment of a fee in such amount as shall be established by resolution of the city council. SECT_~: That section 10-277 of the Santa Ana Municipal Code is hereby amended to read as follows. ~s~o 10-277. Correotio~ of information. Whenever any change occurs relating to the written information as may be required in section 10-276, alarm user's license, the license holder or his designate shall give written notice of such change to the chief of police within five (5) working days. SECTION 4: That section 10-280 of the Santa Ana Municipal Code is hereby amended to read as follows. Soo. 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) Penalty assessments shall only be made for false 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-hundred-eighty-day period; or more than four (4) within any one-year period. (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. S-2196 Page 3 166 ~: That section 10-282 of the Santa Ana Municipal Code is hereby amended to read as follows. Bec. 10-282. suspension/revooation of licenses. If at any time it shall come to the attention of the chief of police that the holder of an alarm user's license under this chapter has violated any provisions of this article, or rules or regulations made pursuant to this article, including, but not limited to, false alarms which exceed the numbers permitted pursuant to section 10-280 of this article, or has failed or refused to pay the false alarm penalty assessment fee as provided in said section, the chief of police may suspend or revoke the license. If an alarm user's license is to be suspended or revoked, as provided hereunder, the chief of police shall notify the holder of the license in writing of his intention to revoke such license seventy-two (72) hours before the effective hour of the suspension or revocation. SECTION 6: That section 10-283 of the Santa Ana Municipal Code is hereby amended to read as follows. SOO. ~0-283. Appeals. Any alarm user aggrieved by the decision of the chief of police to assess any penalty or to suspend or revoke said license may appeal to the city council as provided in Chapter 3 of the Santa Ana Municipal Code. SECTION 7: 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 8: 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. Page 4 ADOPTED this ATTEST: ~Clerk of the Council~j COUNCILMEMBERS: Young Yes Pulido Yes Lutz Yes Mills Yes Moreno Yes Norton Yes Richardson Yes 17th day of May D&~e~ H.~ Young Mayor 1993. APPROVED AS TO FORM: Edward J. city Attorn~ CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached ~d~nance ~-~/~ to be the original ordinance adopted by ~he city council of the city of Santa An& on ~9--/7-~ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. // ' ~il, Date cit~ of Santa Ana '