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O1269 . e 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 1 . e 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 2 . e 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: 3 . . 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 4 . e 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 5 . . e 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 6 . , . e 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: