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HomeMy WebLinkAbout1997-10-15 - ORDINANCES - ALARM SYSTEMS (4)ORDINANCE NO. 97-15 AN ORDINANCE OF THE CITY OF SANTA CLARITA RELATING TO ALARM SYSTEMS AND AMENDING CHAPTER 11.05 OF THE SANTA CLARITA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES FIND AS FOLLOWS: SECTION 1. FINDINGS AND INTENT. WHEREAS, the purpose of this Ordinance is to regulate the use and maintenance of specific alarm systems ("Systems") within the City; and, WHEREAS, it is necessary to provide authority to impose fees relating to the use and maintenance of these Systems; and WHEREAS, this Ordinance provides for penalties for violations of the regulations contained herein. NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: -- SECTION 2. Chapter 11.05 ("Burglar and Robbery Alarms") of Title 11 ("Public Peace and Welfare") of the Santa Clarita Municipal Code is hereby amended to read as follows: "11.05.030. Definitions. As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended. A. "Alarm Owner" means the person who owns, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system. H. "Alarm System" means any device, whether known as a burglary, robbery, or intrusion alarm, direct -dial telephone device, audible or silent alarm, or by any other name, which is used for the detection of any unauthorized entry into a building, structure or facility, or to signal the commission of an unlawful act. It shall include those devices which emit a signal within the protected premises where located, and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition. Alarms affixed to automobiles are not governed by this Ordinance. C. "Audible Alarm" means a device designed to notify persons in the immediate vicinity of a protected premises, by LA X2:188618.1 emission of an audible sound, of an unauthorized entry on the premises or of the commission of an unlawful act. D. "Direct -Dial Device" means a device which is connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response. E. "False Alarm" means an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designated to detect and/or report; and which results in a requested and/or actual response by police. False alarms include, but are not limited to, the activation of an alarm system because of mechanical failure, preventable accident, improper operation, misuse, malfunction, improper installation, or negligence or carelessness of the alarm user. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. 11.05.040. Audible Alarms -- identification of Owner Operation. For every audible alarm, the alarm owner thereof shall post the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its operation or the audible alarm shall automatically reset within 30 minutes of its being activated. No audible alarm may, when activated, emit a sound similar to the siren of authorized vehicles as defined in Section 165 of the California Vehicle Code. The principal alarm user shall ensure that all alarm users are instructed in the proper use of the alarm system and are aware of the provisions of this Ordinance. 11.05.050. Direct Dial Telephone Device Prohibited When. No person or other entity, except the City, shall use any alarm system which is equipped with a direct -dial device, and which when activated, automatically dials any telephone number in any office of the Sheriff or other law enforcement entity. 11.05.060. False Alarm -- Prohibited -- Exception. A. A person shall not knowingly cause a false alarm to occur. This section does not prohibit a test of an alarm system as permitted in advance by the Sheriff. B. Violation of this section is a misdemeanor. 11.05.070. False Alarm -- Owner Responsibility. After any false alarm, the alarm owner shall, upon request by the Sheriff, submit a written report to the Sheriff describing actions taken 6 2:188618.1 -2- or to be taken to eliminate the cause of the false alarm. This report shall be submitted with ten (10) days of the date of request by the Sheriff. 11.05.080. Maintaining a Public Nuisance Alarm An alarm owner shall not operate an alarm system which generates more than two (2) false alarms in any twelve (12) month period. 11.05.090. Sxemntions from Annlicabi ity The provisions of Sections 11.05.040 through 11.050.080 are not applicable to audible alarms for motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California Public Utilities Commission. 11.05.100. Misuse of Alarm System, Use of an alarm system in the absence of an actual emergency situation, which results in the response of the Sheriff; or use of an alarm system rather than a telephone to summon the Sheriff in any situation where such telephone use would not create an immediate threat to the safety of the caller or other persons; or use of an alarm system to summon police to incidents of shoplifting, petty theft, disturbances, prowlers, suspicious circumstances or to any incident where all suspects are believed to have left the scene, is a false alarm and a misuse of the alarm system. 11.05.110. Violation -- Corrective Action Nuisance Alarms -- P fiecution Violation of this chapter may be prosecuted in the same manner as any other infraction. However, upon the first and second false alarm in a calendar year beginning January 1, the Sheriffs will fill out a form (in triplicate) one to the alarm owner, one to the City, and one to remain on file with the Sheriff's Department indicating the property location, date of false alarm, and other information necessary to track false alarms. The City will retain copies and track all subsequent false alarms for that alarm user. 11.05.120. ADDeal Process The City shall establish an appeal process and every person receiving monetary charges for false alarm responses may file an appeal. A written appeal must be submitted to the Sheriff's Department. The appeal will be made to the City Manager or his designee. Decisions of the City Manager or his designee are final. 11,05.130. Hreak-in Period. The City may establish a procedure which permits a "break-in" period for new alarm systems. False alarms generated during the break-in period will not be charged against the alarm user, provided the following conditions are met: -. 2:188818.1 -3- (1) the City shall be notified in advance, in writing, of the date on which the alarm system will be placed in operation; and, (2) the alarm user and alarm company are actively involved in identifying and correcting actual and potential causes of false alarms. The break-in period for each new alarm system shall commence on the date indicated in the written notification to the City, and shall not exceed thirty (30) consecutive calendar days and shall not be extended. 11.05.140. Fees. A service charge in an amount established by the City Council by resolution shall be levied for each police response to an alarm determined to be false, after the first two or after expiration of a break-in period, if any. The Department of Administrative Services shall invoice and collect these service charges in the same manner as other debts owed to the City. 11.05.160. Compliance Required. Any alarm installed prior to the effective date of this Ordinance shall comply with all provisions of this Ordinance. SECTION 3. SEVERABILITY. 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 remainder of the Ordinance. The City Council 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, phrases, or portions be declared invalid or unconstitutional. PASSED AND APPROVED this 1 ,rh day of o(-.tobc r , 1997. YOR ATTEST: Ve x.u� Q< 51 CITY CLERK LA 2:188618.1 - 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARTTA I, SHARON DAWSON , City Clerk of the City of SANTA CLARTTA , do hereby certify that the foregoing Ordinance No. 97-1.5 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of September , 19 97. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15thday of October 19 97, by the following vote, to wit: AYES: COUNCILMEMBERS: Klajic, Boyer, Darcy, Heidt, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None CITY CLERK -. 2:188618.1 -6- - EXHIBIT "A" FLOODPLAIN MANAGEMENT ORDINANCE SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS 1.1 STATUTORY AUTHORIZATION. The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Santa Clarita does hereby adopt the following floodplain management regulations. 1.2 FINDINGS OF FACT. A. The flood hazard areas of the City of Santa Clarita are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. These flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard by minimizing future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance includes methods and provisions to: A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Control filling, grading, dredging, and other development which may increase flood damage; and E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. CLN:lkl m.d\oms7-u. I.A.