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HomeMy WebLinkAbout71.49 ORDINANCE NO. '11.49 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 6-10.080, REPEALING SECTION 6-10.090, AND AMENDING SECTIONS 6-10,100, 6-10.110 AND 6-10.120 OF THE CITY CODE RELATING TO ALARM SYSTEMS The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 6-10.080 in Article 6-10 of the City Code is amended to read as follows: 'S6-10.080 False R1RrmS prohibited; investigation of false .l,rms (a) It shall be unlawful to maintain, use or possess an alarm system which has caused more than two false alarms to be transmitted within any twelve month period to the County communications center, the County SherifPs Office, or any fire district, by communication from an alarm business or a person responding to the false alarm. (b) A representative of the police or fire department responding to each emergency alarm shah attempt to ascertain by investigation whether said alarm was activated with reasonable cause therefor or was a false alarm. In the event his investigation indicates that the alarm was a false alarm, the investigator shall prepare a report of his investigation stating his conclusions and the factual basis for such eonelusions, and shah forward such report to the Community Services Director. The investigator shall also serve a copy of his report on the alarm owner or occupancy of the premises on or in which the false alarm occurred by delivering the same to and leaving it with some person of suitable age and discretion upon the premises or by mailing a copy of the report to such alarm owner or occupant." SECTION 2: Section 6-10.090 in Article 6-10 of the City Code is repealed. SECTION 3: Paragraph (a) of Section 6-10.100 in Article 6-10 of the City Code is amended to read as follows: "(a) An alarm permit issued pursuant to this Article may be revoked on any one of the following grounds: (1) The occurrence of three false alarms within any twelve month period. (2) A violation by the permittee of any regulation set forth in this Article. (3) The failure by a permittee to pay any fine prescribed in Section 10.120." SECTION 4: Section 6-10.110 in Article 6-10 of the City Code is amended to read as follows: S6-10.110 Administrative review; appeal procedure (a) Any person charged with a false alarm penalty under Subsection 6- 10.120(e) of this Article may request an administrative review of such penalty by the Community Services Director. The request shah be submitted in writing, on such form as the Community Services Director may prescribe. Within a reasonable time after his receipt of such request, the Community Services Director shah conduct the administrative review and furnish a written decision to the person making the request. The Director is authorized to cancel any false alarm penalty if he determines that a false alarm did not actually occur, or that the person charged with such penalty is not responsible for payment of the same. In such event, the penalty shah promptly be refunded if previously paid. If the Director determines that the false alarm penalty was properly charged and such penalty has not previously been paid, the penalty shall be paid in full within ten days after the Director renders his decision on the administrative review. (b) Any decision or determination by the Community Services Director with respect to the issuance, denial or revocation of an alarm permit, the occurrence of a false alarm, or the assessment of any penalty pursuant to Section 6-10.120 of this Article, may be appealed to the City Manager by filing a notice of appeal in the office of the City Clerk within ten days after the date of such decision or determination. The City Manager shah conduct a hearing on the matter, consider all relevant evidence, and may affirm, reverse or modify the decision or determination by the Community Services Director. The decision of the City Manager shah be final." SECTION 5: Section 6-10.120 in Article 6-10 of the City Code is amended to read as follows: ~S6-10.120 Violations of Article The violation of any provision contained in this Article is hereby declared to be unlawful and shah constitute an infraction and a public nuisance. In addition to the revocation of an alarm permit pursuant to Section 6-10.100 and any other legal remedies available to the City under the provisions of this Code, a violation of this Article shall be subject to the following penalties based upon the type of infraction: (a) Installing or using an alarm system without a permit (S6-10.040): $100.00. Such penalty shall be waived if the alarm owner applies for a permit within five days after written or oral notification by the City that a permit is required and such alarm owner was not the holder of a previously issued permit which has been revoked. (b) Installing or using an outside audible alarm which, upon activation, emits a sound similar to sireus in use on emergency vehicles or for disaster warning purposes (56-10.060): $250.00. -2- (c) Installing or using an outside audible alarm without a fifteen minute automatic reset (~6-10.060): $100.00. (d) Installing or using a prohibited direct-dial alarm system (S6-10.070): $250.00. (e) Maintaining, using or possession an alarm system which has caused any false alarm to be transmitted to the County communications center, the County Sherifles Office or any fire district by communication from an alarm business or a person responding to the false alarm: (1) For the third false alarm within any twelve month period: $50.00. (2) . For the fourth false alarm within any twelve month period: $100.00. (3) For the fifth and each subsequent false alarm within any twelve month period: $200.00." SECTION 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 7: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Couneil of the City of Saratoga held on the 4th day of January , 1989, by the following vote: AYES: Councilmembers Clevenger, Peterson, Stutzman, and Mayor Anderson NOES: None >-v MAY(~tf ATTEST: . . ~/~ * cc ing to law. . · CITY CLER ' . ~ 7/q Deputy City C~erk l Date -3-