HomeMy WebLinkAbout50A - FALSE ALARM PENALTY ASSESSMENTS REQUEST FOR
COUNCIL ACTION ~ ~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
DECEMBER 7, 2009
TITLE: APPROVED
? As Recommended
ORDINANCE AMENDING SECTION ? As Amended sc
10 - 2 8 0 OF THE SANTA ANA ? Ordinance on 1 Reading
? Ordinance on 2"d Reading
MUNICIPAL CODE RELATING TO ? Implementing Resolution
FALSE ALARM PENALTY ASSESSMENTS ? Set Public Hearing For
~ CONTINUED TO
L~`-..,~ _ _ FILE NUMBER '
CITY MANAGER
RECOMMENDED ACTION
Adopt an Ordinance amending Section 10-280 of the Santa Ana Municipal Code
relating to False Alarm Penalty Assessments.
DISCUSSION
The current Section 10-280 of the Santa Ana Municipal Code does not reflect
the false alarm billing time frame standard that is set fourth in the
current Miscellaneous Fee Schedule, section 5, subsection 5520 set forth in
Resolution No. 2009-030. The proposed changes would amend Section 10-280
(c) to reflect the current false alarm billing time frame and fee schedule.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Paul M. Walt
Chief of Police
Police Department
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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
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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; ^r rr,nrc +h,n fie,n
~~ii+hin n~i nincfii iJ.~.i norinrl• nr mnrc ~h~n ~h roo /`2\ ~~ii~hin ~n~i nnc h~inrlrerl
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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 17. 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
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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
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