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66 ORDINANCE NO. 66 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING THE USE OF ALARM SYSTEMS AND DEVICES WHEREAS, there has been a significant rise in the need for, and use of, home and business burglar, fire, and other emergency alarm systems; and WHEREAS, there has also been a significant increase in the number of false alarms reported; and WHEREAS, such false alarms, whether produced by human error or faulty equipment, create detrimental effects such as decreasing the efficiency of police and fire responses and impairing the ability of law enforcement officials to monitor and prevent actual criminal acts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1 - Definitions a. "Alarm System" shall mean any device which creates, produces, or relays any sound message or signal , whether audible or not, in order to detect the commission, or attempted commission, of any crime, fire, or medical emergency. b. "Audible Alarm" shall mean any alarm system which is intended to, or can, be heard from outside of the building, structure, or facility wherein such alarm system is installed. C. "False Alarm" shall mean the activation of any alarm system because of malfunction, mec anical or electrical defect, or improper operation or procedure by any person, and no fire, crime, or other emergency occurred requiring an immediate or emergency response by the City police or fire divisions. "False Alarm" shall not include an alarm system activated as a result of the authorized servicing, testing, maintenance, adjustments, alterations, or installations of such alarm systems; provided that the police are notified prior to commencement of any of the aforesaid activities. d. "Notice" shall mean written notice of any act, event, decision, change, addition�l etion, or modification as required pursuant to the provisions of this Ordinance given, served upon, or mailed to any person or business, or employee or agent thereof. Any notice personally served shall be effective at the time of such service. Any notice mailed shall be effective on the third (3rd) day thereafter; provided said notice was deposited in the United States Mail , postage prepaid and addressed to the party to be notified at the last known address for such party. e. "Alarm User" means any person using an alarm system at his place of business or rest ence. Section 2. Automatic Reset a. All audible alarm systems, excluding fire alarms that emit sound to indicate the functioning of an automatic fire sprinkler system, shall include a device that will limit the generation of the audible sound of the system to not longer than 15 minutes after activation when the alarm system is protecting a residential structure, and not longer than 30 minutes when the alarm system is protecting a commercial or industrial structure. b. Any audible alarm system which does not automatically reset and/or re-arm itself as herein provided and which generates an audible sound in excess of the time limitations herein prescribed is hereby declared to be a public nuisance and may be summarily abated by the Code Enforcement Officer of the City of Grand Terrace. Section 3. - There shall be a service charge, which may be set forth by resolution, assessed against the following persons and under the following circumstances: a. Against the alarm user when a police or fire response occurs as a result of a third or subsequent false alarm from an alarm system at the same address or location within any 12 consecutive calandar month period; b. The Code Enforcement Officer may designate an alarm system at a specific location as a nuisance if such alarm system activates excessive false alarms. It is found and determined that four false alarms within any three consecutive calendar month period constitutes a public nuisance; c. The Code Enforcement Officer shall serve the alarm user with a written notice to abate the nuisance (i .e. , discontinue using the alarm system). The notice to abate may be appealed in writing; provided, said appeal must be filed with the City Clerk 's office within 15 days after service of the notice. The Public Hearing to take place before the City Council within 30 days of the filing of the appeal ; d. Immediately upon such a notice of abatement becoming effective, the alarm system shall receive nonpriority response from the police department. Section 4. Assessment of Charges a. The City Manager is authorized to designate such persons who shall enforce the provisions of this section. Upon three or more false alarms being activated at the same address or location within a 12 consecutive month period, said person shall cause a notice of assessment to be served on or mailed to the alarm user. Said notice shall describe the date and time of the alleged false alarm. Said notice shall request payment of the above mentioned service charge within 30 days of the date of the notice taking effect. Said notice shall indicate the existence and terms of the hearing procedures contained in this Ordinance. b. Any person dissatisfied with the service charge may file a request for public hearing in writing with the City Clerk 's office. Said hearing to take place before the City Council within 30 days of the filing of the appeal . c. Failure to make payment may result in the service charges being filed with the County Assessor's office as a special assessment against the property. Section 5. Separability- If any section, subsection, sentence, clause, or phrase of this r inance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the such decision shall not affect the validity of the remaining portions of this Ordinance. Section 6. This Ordinance shall be in full force and effect at 12.01 a.m. on the 31st day after its adoption. Section 7. The City Clerk shall cause this Ordinance to be posted in three (3) public places designated for such purpose by the City Council . Section 8. First read at a regular meeting of the City Council of said City held on the 14th day of October, 1982, and finally adopted and ordered posted at a regular meeting of said City Council on the 28th day of October, 1982. ATTEST: 11� ty of the City o d Mayor of f i ty ,Qf Gra-hd Terrade' TerraceVand of the City Cou cil and of the Ci Cou it thereof. thereof. Approved as to form: n City Attorney STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 28th daffy of October, 1982, and that it was so adopted by the following vote: AYES: Councilmembers Rigley, Petta, Nix, Pfennighausen; Mayor Grant. NOES: None. ABSENT: None. AM City er o the i ty of Grand,7errace and of tP& City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA ERWAY, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Ordinance No. 66 of said City, and that the same has not been amended or repealed. DATED: October 28, 1982. City C1 of the City of Gran errace and of he City Council thereo .