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Ordinance 2010-09 ORDINANCE NO. 2010 - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 3D OF THE GILROY CITY CODE REGULATING ALARM SYSTEMS TO IMPOSE FEES FOR FALSE ALARMS WHEREAS, private alarm companies that manage burglar alarms installed on private residential and business premises in the City of Gilroy ("City") contact the Gilroy Police Department whenever an alarm is activated; and WHEREAS, 99% of all alarm calls to the Gilroy Police Department are false and/or do not require a police response, arrest or report; and WHEREAS, the Gilroy Police Department is spending a significant amount of staff resources responding to and managing false alarm calls; and WHEREAS, the City's current alarm ordinance has proven ineffective to deter the high percentage of false alarms; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061 (b )(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I Existing Chapter 3B of the Gilroy City Code is hereby repealed it in its entirety and replaced with a new Chapter 3B to read as follows: Chapter 3D ALARM SYSTEMS Sections: 3B.1 Purpose. 3B.2 Initial registration of alarm systems 3B.3 Information required. 3B.4 Alarm systems; violations. 3B.5 Cost recovery for repeated false alarms. 3B.6 Non-response to repeated false alarms. 3B.7 Annual fee. 1 ORDINANCE NO. 2010-09 IMDOLlNGER\821010.6 061410-04706083 3B.8 Assessment of fee. 3B.9 Collection of fees. 3B.10 Violation. 3D.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. 3D.2 Initial registration of alarm systems. 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 residential or business alarm systems in the city without registering each alarm system with the city as required by section 3B.3 prior to the installation of each alarm system. An initial $35.00 installation fee, or as otherwise set by the city council by resolution, will be charged by the city for all new alarm systems installed in the city. 3B.3 Information required. Owners or installers of alarm systems shall register them with the Gilroy Police Department or such other person as may be designated by the city administrator, and shall provide the following information at the time of registration of each such system and on January 1 of each calendar year thereafter: (1) Name, billing address, phone number, and emergency contact number of alarm system owner. (2) Name, billing address, and phone number of alarm business that currently maintains the alarm service. (3) Other pertinent information as may be required by the Gilroy Police Department or Gilroy Fire Department. 3D.4 Alarm systems; violations. It shall be unlawful for any person to own, operate, install or maintain any mechanical or electrical alarm system which: (1) Is knowingly activated by the owner, operator, his agents or employees when no burglary, robbery or fire is in progress. (2) Is activated when no burglary, robbery or fire is in progress more than two (2) times within any consecutive twelve (12) month period. Every such false alarm 2 ORDINANCE NO. 2010-09 IMDOLlNGER\821010.6 061410-04706083 after two (2) within any consecutive twelve (12) month period shall constitute a separate offense. (3) Emits a sound similar to that of any emergency vehicle siren or a civil defense warning system. (4) Does not shut off automatically within fifteen (15) minutes after activation. 3D.5 Cost recovery for repeated false alarms. Owners and operators of alarm systems will be held jointly and severally liable for the city's costs of providing police or fire personnel after the second false alarm within any consecutive twelve (12) month period. The personnel utilized during a response after the second false 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. The fee charged will be a minimum of $195.00 per incident, or as otherwise set by the city council by resolution, for the third false alarm activation within any consecutive twelve (12) month period, and for each successive false alarm thereafter within that period, and will not be in excess of five hundred dollars ($500.00) for a single incident. The city reserves its legal options to elect any other legal remedies when said costs or damages exceed five hundred dollars ($500.00). 3D.6 Non-response to repeated false alarms. Unless response is required by the Uniform Fire Code, after seven (7) false alarms at any one location during any consecutive twelve (12) 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. Alarm owners will be required to pay a $25.00 reinstatement fee, or as otherwise set by the city council by resolution, and will be required to provide proof by a certified technician that the alarm system is operating properly and/or proof that all reasonable preventative measures have been taken to prevent further false alarm activations. Alarm systems that are reinstated shall be subject to a six (6) month probationary period during which time the alarm at the subject location may be returned to 'no response' status because of additional false alarms, in the discretion of the city administrator upon recommendation of the chief of police or fire chief. 3D. 7 Annual fee. There is hereby imposed on alarm owners an annual fee for each alarm system owned, used or operated in the city. The annual fee shall be payable on or before January 1 for 3 ORDINANCE NO. 2010-09 IMDOLINGER\821010.6 061410-04706083 each calendar year. Said annual fee shall be $20.00, or as otherwise set by the city council by resolution. 3B.8 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 alarm fees. 3B.9 Collection of fees. In the event of the failure of any person, business entity or organization 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. Annual city business license renewals shall not be granted to alarm system owners unless and until all pending alarm registration, false alarm, and annual alarm fees are paid. 3B.10 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 If any section, subsection, subdivision, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provision may be declared invalid or unconstitutional. SECTION III This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED this 19th day of July, 2010, by the following vote: 4 ORDINANCE NO. 2010-09 IMDOLlNGER\821010.6 061410-04706083 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, TUCKER and PINHEIRO GARTMAN, WOODWARD ABSENT: COUNCILMEMBERS: NONE IMDOLlNGER\821010.6 061410-04706083 APPROVED: ~- Albert Pinheiro, Mayor 5 ORDINANCE NO. 2010-09 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2010-09 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of July, 2010, at which meeting a quorum was present. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 220d day of July, 2010. Shawna Freels, CM City Clerk of the City of Gilroy (Seal)