Loading...
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. 2 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 3 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