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HomeMy WebLinkAboutORD 1375 • ORDINANCE NO. 1375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 91.40 OF CHAPTER 91, TITLE IX, GENERAL REGULATIONS, OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, Section 91.40 of the Baldwin Park Municipal Code imposes fines for false alarms; and WHEREAS, Section 91.40(a) of the Baldwin Park Municipal Code holds the alarm company responsible when there is more than one false alarm per calendar year; and WHEREAS, Section 91.40(a) of the Baldwin Park Municipal Code imposes vicarious liability upon the alarm company when there is more than one false alarm per calendar year, regardless of fault; and WHEREAS, the City wishes to amend Section 91.40(a) of the Baldwin Park Municipal Code to remove liability to the alarm company responsible when the alarm company is not at fault. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: • Section 1. Section 91.40(a) of the Baldwin Park Municipal Code is hereby amended as follows: "(A) False alarm administrative fine for alarm system user. An alarm system user shall pay to the city, within 30 days after the date of an invoice, an administrative fine for each false alarm generated by each alarm system in excess of one false alarm per calendar year. An alarm system user shall be responsible for the payment of the false alarm administrative fines for all false alarms for monitored or non-monitored alarm systems. The amount of the administrative fine for each false alarm shall be established by resolution of the City Council." Section 2. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. S ection 3. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law, or in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause • to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of City Clerk. Section 4. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days from the date of its final passage and adoption. • Section 5. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the Cit. Council of - ty of Baldwin Park this 15th day of July, 2015. 1 , I r AYOR ATTES . fi • Alejandr Avila, City Clerk State of California County of Los Angeles ) ss: City of Baldwin Park ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do herby certify that the foregoing Ordinance No. 1375 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on June 3, 2015. Thereafter, said Ordinance No. 1375 was duly approved and adopted at a regular meeting of the City Council on July 15, 2015, by the following vote: AYES: BACA, GARCIA, LOZANO, PACHECO, RUBIO NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. • • 4' It CI\ k \ :1 • \ - % S4• • •