Ordinance 1990-13ORDINANCE NO. 90-13
AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 3A OF
THE GILROY CITY CODE SETTING FORTH REGULATIONS GOVERNING THE
USE OF ALARM SYSTEMS AND DEVICES WITHIN THE CITY OF GILROY
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
SECTION I.
read as follows:
Chapter 3A of the Gilroy City Code is amended to
CHAPTER 3A
ALARM SYSTEMS
Sec. 3A.1. Purpose.
The purpose of this chapter is to set forth regulations
governing the use of alarm systems and devices within the City of
Gilroy.
Sec. 3A.2. Registration of alarm systems-Generally.
No person shall own, use or operate, attempt to use or
operate, or cause to be used or operated, or arrange, adjust,
program or otherwise provide or install any device or combination
of alarm systems without prior registration of the alarm system
with the city.
Sec. 3A.3. Same-Information required.
Owners of alarm systems shall register them with the
director of communications or such other person as may be
designated by the city administrator and shall provide the
following information:
(1) Name of alarm system owner.
(2) Business name, if any.
(3) Address where alarm system is located.
(4) Billing address.
(5) Emergency contact phone numbers.
(6) Other pertinent information as required.
Sec. 3A.4. Alarm systems; violations.
It shall be unlawful for any person to own, operate, install
or maintain any mechanical or electrical alarm system which:
(a)
Is knowingly activated by the owner, operator, his
agents or employees when no burglary, robbery or fire
is in progress.
(b)
Is activated more than three (3) times within a twelve-
month period from negligence, mechanical or electrical
failure, or any cause or causes other than unauthorized
entry. Each such "false alarm" within any twelve-month
period, shall constitute a separate offense.
(c)
Emits a sound similar to that of any emergency vehicle
siren or a civil defense warning system.
(d) Does not shut off automatically within fifteen (15)
minutes after activation.
Sec. 3A.5. Cost recovery for repeated false alarms.
Owners or operators of alarm systems will be held jointly
and severally liable for the cost of providing police or fire
personnel after the third false alarm within any twelve-month
period. The personnel utilized during a response after the third
alarm, shall be deemed to be on special security assignment over
and above the services normally provided. The costs of such
special security assignment may include minor damages to city
property and/or injuries to city personnel. A fee charged will
not be in excess of Five Hundred ($500.00) Dollars for a single
incident. The city reserves its legal options to elect any other
legal remedies when said costs or damages exceed Five Hundred
($500.00) Dollars.
Sec. 3A.6. Non-response to repeated false alarms.
Unless response is required by the Uniform Fire Code, after
seven false alarms at any one location during any twelve month
period, the city administrator may direct, upon recommendation of
the chief of police, or fire chief, that no further emergency
responses be made to that location. A request to be placed back
on a response mode may be made after alarm malfunctions are
corrected and certified by a licensed alarm technician.
Sec. 3A.7. Same-Annual fee.
There is hereby imposed an annual fee upon the owner for
alarm systems which upon activation, will initiate and deliver an
emergency signal to the city communication center. Said fees
shall be set by the city council by resolution and such fees
shall reasonably reflect the costs to the city of providing such
service.
Sec. 3A.8. Same-Assessment of fee.
The city is empowered and authorized to enforce the
provisions of this chapter. The city or such other person as may
be designated by the city, shall adopt procedures for the
assessment and collection of such fees.
Sec. 3A.9. Same-Collection of fees.
In the event of the failure of any person to pay the fees
assessed pursuant to the provisions of this chapter, the city may
institute an action in any court of competent jurisdiction to
collect any fees which may be due and payable in the same manner
as any other debt owed to the city may be collected.
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Sec. 3A.10. Severability.
If any section, subsection, sentence, clause or phrase of
this chapter is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, then such decision shall not affect the validity of
the remaining portions of this chapter.
Sec. 3A.11. Violation.
Any person violating any of the provisions of this chapter
shall be guilty of an infraction punishable according to city and
state codes.
SECTION II. Ail other ordinances and parts of ordinances in
conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and be in
full force thirty (30) days from and after its adoption and
approval.
PASSED AND ADOPTED this 4 th day of June 1990 by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
NELSON
NONE
ATT :
ORDINANCE NO. 90-13
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 90-13 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 4th day of June , 19 90
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this
19 90.
City Clerk_of the City of Gllroy ~
(Seal)
8th day of June