O1269
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CA:RMM:r
City Council Meeting 2-8-83
Santa Monica, California
ORDINANCE NUMBER 1269(CCS)
(City Co~ncil Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING
SECTIONS 3964a, 3965 AND 3970 TO THE
SANTA MONICA MUNICIPAL CODE RELATING
TO ALARMS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 3964a is added to the Santa Monica
M~nicipal Code to read as follows:
Section 3964a.
Penalty.
A
penalty of 10% shall be added to the fees
req~ired by Section 3964 in connection
with any fees that are not paid in the
time and manner req~ired by Section 3964.
SECTION 2.
Section 3965 is added to the Santa Monica
M~nicipal Code to read as follows:
Section 3965. Nonresponse.
(a) The Chief of Police may notify
any subscriber of an alarm system or
property owner, lessor or person who has
ca~sed s~ch a system to be installed that
the Police Department will not respond to
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any alarm at the location where the alarm
has been installed when:
(1) Any fees req~ired by Section
3964 have not been paid and are past d~e.
The notice shall indicate that service
response shall not be res\..med ~ntil 30
days after payment of the fees req~ired
by Section 3964, or
(2) After the date of adoption of
this section, there ar e mor e than fOl."..r
false alarms at the location dl."..ring any
fiscal year. The notice shall indicate
that response shall not be resumed for a
period of not less than 60 days and only
after sl."..bmission to and approval by the
Police Department of an alarm plan to
red\..ce the nl."..mber of false alarms to less
than fOl."..r in any fiscal year.
(b) Any person receiving a notice
l."..nder sl."..bdivision (a) may req\..est a
hearing in accordance with the proced~res
set forth in Ml."..nicipal Code Section 6126.
The notice shall inform the sl."..bscr ib er ,
property owner, lessor, or person of the
hearing rights set forth in M\..nicipal
Code Section 6126. Notwithstanding
anything in M\..nicipal Code Section 6126
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to the contrary, no hearing request shall
be deemed timely filed and no hearing
shall be held ~nless within the time
period to request a hearing, the person
req~esting the hearings deposits with the
City Treas~rer money in the amo~nt of any
~npa1d and past d~e fees ~nder M~nic1pal
Code Section 3964. If as a result of the
hearing it is determined that the City
was not entitled to fees in the amo~nt of
the deposit, the City shall ref~nd to the
s~bscriber, property owner, or lessor the
amount of the excess fees.
(c) Nothing in this Chapter shall
create or be construed to create a duty
upon the Police Department or City to
respond to any alarm whether or not the
alarm 1S false. An alarm, like any other
req~est for service from the Police
Department, may be responded to within
the reso~rces of the Police Department
and other responses req~ired by the
Police Department at the time of the
alarm.
SECTION 3. Chapter lOB is added to the Santa Monica
M~nicipal Code to read as follows:
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Chapter lOB--Motor Vehicle Alarms
Section 3970. Motor Vehicle
Alarms.
(a) The City Council finds and
declares that a s1gnificant problem
exists in the City of Santa Monica with
motor vehicle alarms. Many alarms are
act1vated by accident or carelessness and
not as the res~lt of any criminal
activity. The noise from motor vehicle
alarms is contrary to p~blic health,
safety, and welfare of the comm~nity and
is declared to be a p~blic n~isance.
(b) No person shall cause, allow,
or s~ffer any alarm located in a
vehicle registered in the name of
permit
motor
or operated by s~ch person to em1t any
a~dible so~nd in the City of Santa Monica
for a period of more than IS min~tes.
The time shall be calc~lated based upon
the emiss10n of the first audible so~nd
and ending IS min~tes thereafter
notwithstanding any variation or delay in
the emissions of a~dible so~nd.
(c) Except as provided in
s~bdivision (d), any person violating
this section shall be guilty of an
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infraction. Any person convicted of an
infraction ~nder this section shall be
p~nIshable by a fine of not more than
twenty-five dollars ($25.00).
(d) Any person violating thlS
section who has been previously convicted
of three or more violations of thIS
sectIon shall be g~ilty of a misdemenaor.
(e) The Police Department, in
order to abate the p~blic n~isance
created by a vehicle in violation of this
section, may take s~ch steps as are
reasonably necessary to enter the
vehicle, disconnect the alarm, and remove
the vehicle for safekeeping in the manner
permItted by law.
SECTION 4. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
f~rther, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 5. If any section, s~bsection, sentence, cla~se,
or phrase of this ordinance is for any reason held to be invalid
or ~nconstit~tional by a decision of any court of any competent
jurisdiction, s~ch decision shall not affect the validity of the
remaining portions of the ordinance. The City Co~ncil hereby
declares that it wo~ld have passed this ordinance and each and
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every
sectlon, subsection, sentence, cla~se or phrase not
declared invalid or ~nconstit~tlonal witho~t regard to whether
any portion of the ordinance wo~ld be s~bseq~ently declared
invalid or ~nconstit~tional.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. This City Clerk shall
cause the same to be p~blished once in the official newspaper
within l5 days after its adoption.
The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~-.
Robert M. Myers
City Attorney
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ADOPTED AND APPROVED THIS
8th
DAY
OF
February
, 1983.
a
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1269
(eCS), WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 25th
DAY OF January
I
,
198); THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 3th DAY OF Fenrll::Jrv
1983 BY THE FOLLOWING COUNCIL VOTE:
AYES: COUNCILMEMBERS: Conn, Press, Reed, Zane and
~1ayor )'annatta Goldwav
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: F:d\vards and Jenninq,s
ABSTAIN: COUNCIlMEMBERS: ~Tone
ATTEST: