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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OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I Section 3B.2 of Chapter 3B of the Gilroy City Code is hereby repealed it in its entirety and replaced with a new Section 3B.2 to read as follows: "3B.2 Initial registration of alarm systems.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 SECTION II Section 3BA of Chapter 3B of the Gilroy City Code is hereby repealed it in its entirety and replaced with a new Section 3BA to read as follows: "3B.4 Alarm systems - Violations. 1 ORDINANCE NO. 2011- 09 \JH\848968.7 052311-04706083 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. " 2 ORDINANCE NO. 2011- 09 \JH\848968.7 052311-04706083 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. 3 ORDINANCE NO. 2011- 09 \JH\848968.7 052311-04706083 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: ~~. 4 ORDINANCE NO. 2011- 09 \JH\848968.7 052311-04706083 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)