SR-211-021
II
.
~/-()Z-I ^~(:
Santa Monica, California
,
,
CA:RMM:r.md679/hpca
city council Meeting 4-26-88
STAFF REPORT
TO:
Mayor and City council
City Attorney
FROM:
SUBJECT:
An Ordinance Amending Municipal Code section
3964 to Increase False Alarm Fees
At its meeting on April 12, 1988, the city Council
introduced for first reading an ordinance amending Santa Monica
Municipal Code section 3964 to increase false alarm fees. The
accompanying ordinance is now presented to the City Council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
~~
.
.
CA:RMM:rmd6BO/hpca
City Council Meeting 4-26-88
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 3964 OF THE
SANTA MONICA MUNICIPAL CODE TO INCREASE FALSE ALARM FEES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Santa Monica Municipal Code section 3964 is
amended to read as follows:
SECTION 3964.
Fees.
A service
charge of Fifty Dollars ($50.00) shall be
paid to the City by each subscriber of an
alarm system or property owner or lessor
who has caused such an alarm to be
installed for a third response made to the
location of a false alarm by the Police
Department during the same fiscal year. A
service charge of Seventy-Five Dollars
($75.00) shall be similarly paid to the
City upon the fourth and each subsequent
response made to the location of a false
alarm by the Police Department during the
same fiscal year.
- 1 -
.
.
The subscriber of an alarm system or
property owner or lessor who has caused an
alarm to be installed shall be declared to
be maintaining a public nuisance in the
event that more than four (4) false alarms
are recorded at the same location during a
single fiscal year, and shall be
prosecuted pursuant to the provisions of
Section 1200 of this Code.
The Chief of police shall cause to
be issued a monthly bill for the unpaid
service charges accrued during the billing
period and any prior periods. Such bill
shall be due and payable wi thin fifteen
(15) days after the billing date.
All remedies shall be cumulative,
and the use of one or more remedies by the
Ci ty shall not bar the use of any other
remedy for the purpose of enforcing the
provisions of this Chapter. The amount of
any service charge shall be deemed a debt
to the city. An action may be commenced
in the name of the City in any court of
competent jurisdiction for the amount of
any delinquent debt thirty (30) days after
it becomes due and payable. Payment of
any service charge shall not prohibit
- 2 -
.
.
criminal prosecution for the violation of
any of the provisions of this Chapter.
SECTION 2.
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
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any 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 this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
n ...rt._ ~ \_- \~-F
. ~~\ ~. IF ..__
ROBERT M. MYERS
City Attorney
- 3 -