Ordinance 2011-09
ORDINANCE NO. 2011-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING CHAPTERS 3B AND 16 OF THE GILROY
CITY CODE REGULATING ALARM SYSTEMS, REGARDING 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 and Fire Departments are
false and/or do not require a police response, arrest or report; and
WHEREAS, the Gilroy Police and Fire Departments are spending a significant
amount of staff resources responding to and managing false alarm calls;
WHEREAS, the registration and permitting of alarm systems in the City is beneficial
to the Gilroy Police and Fire Departments to assist in responding to and managing false
alarm calls; 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
Section 3B.2 of Chapter 3B of the Gilroy City Code is hereby repealed it in its
entirety and replaced with a new Section 3B.2 to read as follows:
"3B.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.
SECTION II
Section 3BA of Chapter 3B of the Gilroy City Code is hereby repealed it in its
entirety and replaced with a new Section 3BA to read as follows:
"3B.4 Alarm systems - Violations.
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It shall be unlawful for any person to own, operate, install or maintain any mechanical or
electrical device for the detection of unauthorized entry which:
(a) Is knowingly activated by the owner, operator, his or her agents or employees when
no burglary, robbery or fire is in progress.
(b) Is activated more than two (2) 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," after the second 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.
( e) Is not registered with the city police department in accordance with City Code
Chapter 3 B."
SECTION III
Section 3B.5 of Chapter 3B of the Gilroy City Code is hereby repealed it in its
entirety and replaced with a new Section 3B.5 to read as follows:
"3B.5 Cost recovery for repeated false alarms or unregistered alarm systems
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 one hundred ninety-five dollars ($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).
Owners and operators of alarm systems will be held jointly and severally liable for failure to
register a residential or business alarm system and shall be subject to a fee of a minimum of
one hundred ninety-five dollars ($195.00), or a fee as otherwise set by the city council by
resolution. "
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SECTION IV
Section 3B. 7 of Chapter 3B of the Gilroy City Code is hereby repealed it in its
entirety and replaced with a new Section 3B. 7 to read as follows:
"3B.7 Permit and registration fees.
For each alarm system installed in the city after August 19,2010, an initial thirty-five dollar
($35.00) permit fee, or as otherwise set by the city council by resolution, will be charged by
the city. The fee shall be payable at the time of registration of the alarm system.
For alarm systems installed in the city before August 19,2010, a one-time registration fee of
twenty dollars ($20.00), or as otherwise set by the city council by resolution, will be charged
by the city.. The fee shall be payable at the time of registration of the alarm."
SECTION V
Section 16.34 of Chapter 16 of the Gilroy City Code is repealed in its entirety.
SECTION VI
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.
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SECTION VII
This Ordinance shall be in full force and effect thirty (30) days after its passage and
adoption.
PASSED AND ADOPTED this 18th day of July, 2011, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, LEROE-
MuNoz, TUCKER and PINHEIRO
NOES: COUNCILMEMBERS:
WOODWARD
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
~~.
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I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the
attached Ordinance No. 2011-09 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 18th day of July, 2011, 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 20th day of July, 2011.
(Seal)