5928ORDINANCE NO.59 28
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 4.95.080 OF CHAPTER 4.95
OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO FALSE ALARMS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 4.95.080 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code be, and
the same is hereby, amended to read as follows:
"4.95.080 FALSE ALARM - PREVENTION PAYMENT
".010 Prevention Payment
"(a) When emergency alarms, messages, signals or notices are received by the
Police Department that evidence a failure to comply with the requirements of this
chapter or a permit issued hereunder, the Chief of Police is authorized to demand that
the owner or lessee of the alarm system initiating such alarms, messages, signals, or
notices, or his representative, disconnect the alarm system until it is made to comply
with said requirements.
"(b) The owner or lessee of any alarm system shall be assessed a fee for each
false alarm in excess of one for any twelve month period. The fee shall be as follows:
(i) for the second and third false alarms, an amount equal to the cost incurred in
responding to each such false alarm, which fee shall be determined by resolution of the
City Council; (ii) for the fourth and fifth false alarms, one hundred dollars ($100.00)
each; (iii) for the sixth and seventh false alarms, two hundred dollars ($200.00) each;
and (iv) for the eighth and succeeding false alarms, three hundred dollars ($300.00)
each. The fee will be paid to the Finance Director for deposit into the General Fund.
"(c) An alarm permit may be suspended or revoked as provided in Section
4.95.060, in addition to the payment of the prevention payment as provided in this
section, or in the event of failure to pay the false alarm fees.
"(d) Exceptions:
"(1) A thirty -day adjustment period to correct mechanical problems will be
allowed for any new, improved or replaced alarm system.
"(2) If the user shows that any false alarm was (i) the result of conditions
beyond his control and not the result of negligence of himself or any of his employees,
and (ii) that he neither knew of the defect in the alarm system nor in the exercise of due
care should have known of such defect, such false alarm shall not be deemed a "false
alarm" as used in this chapter.
".020 Prevention Program
"(a) The Police Department may provide an educational program for the
prevention of false alarms. The Police Department shall allow an alarm permittee to
attend any false alarm prevention program for the purposes of this section. Each person
who attends the False Alarm Prevention Program shall pay a fee of ten dollars ($10.00).
The Police Department shall collect the fee established by this section before or at the
time of the person(s) attendance in the program.
"(b) If the alarm permittee successfully completes the False Alarm Prevention
Program, the Police Department shall issue the person a certificate. The certificate may
be used in lieu of, or in addition to, one payment of (1) seventy dollars ($70.00) pursuant
to Section 4.95.080, provided that the certificate is submitted within one (1) year of its
issuance.
"(c) An alarm permittee who attends the False Alarm Prevention Program
provided pursuant to this section is not eligible to attend another program within twelve
(12) months from the time in which the person last attended the program."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or
the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as
they are substantially the same as ordinance provisions previously adopted by the City relating to the
same subject matter, shall be construed as restatements and continuations, and not as new enactments.
0
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of
the City of Anaheim held on the 15 th day of June , 2004, and thereafter passed and
adopted at a regular meeting of said City Council held on the 22nd day of June 12004,
by the following roll call vote:
AYES: Mayor Pringle, Council Mer�lbers Chavez, Hernandez, McCracken
NOES: None
ABSENT: Council Member Tait
ABSTAIN: None
ATTE§T:
(;-fI'Y CLERIf OF THE CITY OF ANAHEIM
50206.1
3
CITY O AHEIM
By 'd
MAYOR OF THE CITY OF ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
July 1, 2004
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: July 1, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is
Proof of
ORDINANCE NO. 5928
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 4.95.080 OF CHAPTER 4.95
OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO FALSE ALARMS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HERE-
BY ORDAINS AS FOLLOWS:
SECTION i.
That Section 4.95.080 of Chapter 4.95 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
"4.95.080 FALSE ALARM - PREVENTION PAYMENT
".010 Prevention Payment
"(a) When emergency alarms, messages, signals or no-
tices are received by the Police Department that evidence a
failure to comply with the requirements of this chapter or a
permit issued hereunder, the Chief of Police is authorized to
demand that the owner or lessee of the alarm system initiat-
ing such alarms, messages, signals, or notices, or his repre-
sentative, disconnect the alarm system until it is made to
comply with said requirements.
"(b) The owner or lessee of any alarm system shall be
assessed a fee for each false alarm in excess of one for any
twelve month period. The fee shall be as follows: (i) for
the second and third false alarms, an amount equal to the
cost incurred in responding to each such false alarm, which
fee shall be determined by resolution of the City Council; (it)
for the fourth and fifth false alarms, one hundred dollars
($100.00) each; (iii) for the sixth and seventh false alarms,
two hundred dollars ($200.00) each; and (iv) for the eighth
and succeeding false alarms, three hundred dollars
($300.00) each. The fee will be paid to the Finance Director
for deposit into the General Fund.
"(c) An alarm permit may be suspended or revoked as
provided in Section 4.95.060, in addition to the payment of
the prevention payment as provided in this section, or in the
event of failure to pay the false alarm fees.
'(d) Exceptions
(1) A thirty -day adjustment period to correct mechani-
cal problems will be allowed for any new, improved or re-
placed alarm system.
"(2) If the user shows that any false alarm was (i) the re-
sult of conditions beyond his control and not the result of
negligence of himself or any of his employees, and (ii) that
he neither knew of the defect in the alarm system nor in the
exercise of due care should have known of such defect,
such false alarm shall not be deemed a "false alarm" as
used in this chapter.
020 Prevention Program
"(a) The Police Department may provide an educational
program for the prevention of false alarms. The Police De-
partment shall allow an alarm permittee to attend any false
alarm prevention program for the purposes of this section.
Each person who attends the False Alarm Prevention Pro-
gram shall pay a fee of ten dollars ($10.00). The Police De-
partment shall collect the fee established by this section be-
fore or at the time of the person(s) attendance in the
program.
"(b) If the alarm permittee successfully completes the
False Alarm Prevention Program, the Police Department
shall issue the person a. certificate. The certificate may be
used in lieu of, or in addition to, one payment of (1) seventy
dollars ($70.00) pursuant to Section 4.95.080, provided that
the certificate is submitted within one (1) year of its
issuance.
"(c) An alarm permittee who attends the False Alarm
Prevention Program provided pursuant to this section is not
eligible to attend another program within twelve (12) months
from the time in which the person last attended the
program."
SECTION 2. SEVERABILITY
The CityCouncil of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of
this ordinance of the Code, hereby adopted, be declared
for any reason to be invalid, it is the intent of the Council
that it would have passed all other portions of this ordi-
nance independent of the elimination herefrom of any such
portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which viola-
tions were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the pe-
nal provisionsapplicable to any violation thereof. The provi-
sions of this ordinance, insofar as they are substantially the
same as ordinance provisions previously adopted by the
City relating to the same subject matter, shall be construed
as restatements and continuations, and not as new
enactments.
THE FOREGOING ORDINANCE is approved and adopt-
ed by the City Council of the City of Anaheim this 22nd Day
of June. 2004, by the following roll call vote:
Introduced: June 15, 2004
AYES: MAYOR/COUNCIL MEMBERS: PRINGLE,
McCRACKEN,HERNANDEZ,CHAVEZ
NOES: NONE
ASSENT: COUNCIL MEMBER TAIT
ABSTAIN: NONE
CITY OF ANAHEIM
By
MAYOR OF THE CITY OF ANAHEIM
FATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin
July 1, 2004
(25-682 6254910