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HomeMy WebLinkAboutORD 1329ORD 1329Ä—ÀHÄ—@¸— ¸™Í«ORDINANCE NO. 1329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 91 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO POLICE RESPONSE TO FALSE ALARMS AND RECOVERING COSTS RELATED TO RESPONSES TO FALSE ALARMS WHEREAS, the Baldwin Park Police Department the BPPD") annually responds to over 2057 alarms per year, of which approximately 80 percent 80%) are false; WHEREAS, the BPPD responses to false alarms constitute approximately three percent 3%) of calls for police service in the City of Baldwin Park; WHEREAS, responses to false alarms thereby may endanger the public by preventing, diverting, or delaying police officers from patrolling a neighborhood; responding to legitimate calls for police service; or investigating and solving crimes; WHEREAS, the costs associated with BPPD responses to false alarms constitute a waste of tax dollars; WHEREAS, the costs associated with police responses to false alarms currently being borne by the City confers a private benefit on Alarm Company Operators because the Alarm Company Operators, in effect, pass on the costs and obligations of their businesses to the City; WHEREAS, the use of tax dollars to cover the costs of responses to false alarms unfairly requires the estimated 75 percent 75%) of City taxpayers who do not own alarms to subsidize the costs of responses to false alarms to the detriment of their public safety; WHEREAS, certain Alarm Company Operators in the City provide private response services to determine if the alarm activation is false for a fee, but most Alarm Company Operators and alarm owners instead rely on the free" service provided by the BPPD; WHEREAS, continued BPPD response to false alarm activations is hazardous and unnecessarily puts police officers, citizens; visitors at risk; and WHEREAS, Alarm Company Operators are in a superior position to alarm users to reduce, significantly, the instances of false alarms through proper installation, servicing and maintenance of alarm systems; through education and instruction of alarm users and employees of alarm users. BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Baldwin Park Municipal Code is hereby amended by adding a new Chapter 91 thereto to read in its entirety as follows: Chapter 91 ALARM SYSTEMS" 91.01 Short Title and Purpose. A) This chapter shall be known as the False Alarm Ordinance and may be cited as such. The purpose of the False Alarm Ordinance is to regulate alarm system users, alarm systems and each Alarm Company Operator in order to minimize the occurrence of false alarm activations within the city. B) A violation of any provision of this chapter shall be deemed an infraction or a misdemeanor, in the city attorney's discretion; shall be punished as provided in Section 10.99 of this code. A violation of any provision of this Article shall also constitute a nuisance. 91.02 Definitions. Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter: A) Alarm Business Permit" means a permit validly issued pursuant to Section 91.04. B) Alarm Company Operator" means any person, individual, partnership, corporation, or other form of association that engages in business or accepts employment to install, maintain, alter, sell on premises, monitor, or service Intrusion, Property, Burglary, Robbery, Panic Alarms, or other Alarm System located in the city. This includes Alarm Company Operators located outside the city limits and which monitor alarms installed within the city limits. C) Alarm System" or Alarm Device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an Alarm Company Operator, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm. An Alarm System or Alarm Device may consist of one or more components e.g. motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 3 to or reports to an Alarm Company Operator via telephonic, wireless, electronic, video, or other form of message. Non-Monitored Alarm Systems are also included in this definition. D) Alarm System User" means the Person having or maintaining a Property, Intrusion, Burglary, Robbery, Panic, or other Alarm System. E) Alarm System User Permit" means a permit validly issued pursuant to Section 91.05.01. F) Burglary Alarm" see Property Alarm." G) Chief of Police" means the Chief of the Baldwin Park Police Department, or her or his designee. H) Director" shall mean the Chief of Police or her or his designee or a vendor approved by the City Council. I) False Alarm" means the reporting of the activation of any Monitored or Non- Monitored Alarm System or Private Alarm System where police arrive at the Premises and determine there is no evidence of intrusion, commission of an unlawful act, or emergency on the Premises that would warrant a call for police assistance or investigation. An alarm shall be presumed to be false if the responding police do not locate evidence of intrusion, commission of an unlawful act, or emergency on the Premises that might have caused the alarm to sound. When responding police find unsecured doors or windows where there is no evidence of forced entry or other evidence of criminal intent, the alarm is presumed to be false. This definition includes signals activated by negligence, accident, mechanical failure, electrical failure signals activated intentionally in non-emergency situations and signals for which the actual cause is unknown. An alarm is not false if the Alarm System User, Alarm Company Operator or person operating or maintaining a Private Alarm System proves: 1) An individual activated the alarm based on a reasonable belief an emergency or actual or threatened criminal activity requiring immediate response existed; or 2) The security system was activated by a violent condition of nature, including, but not limited to, tornadoes, floods, earthquakes or lightning, or by an electrical surge that caused physical damage to the Alarm System. J) Fire Alarm" means a signal initiated by a device such as a manual fire alarm box, automatic fire detector, waterflow switch, smoke detector, or other device which, when activated, is indicative of the presence of a fire or fire signature. Fire alarms shall be exempt from the provisions of this chapter except for fire alarms called in erroneously as an Intrusion, Burglary, Robbery, Property, or other alarm. In BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 4 those situations, the Alarm Company Operator or operator of the Private Alarm System shall be assessed a False Alarm administrative fine. K) Intrusion Alarm" see Property Alarm." L) Medic Alarm" means any system, device, or mechanism manually activated by an individual for the sole purpose of notifying emergency services of a medical emergency. M) Monitored Alarm System" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message or communication to a private monitoring company, other number, or person who can then notify police that an alarm has been activated. This includes all systems, which transmit telephonic, wireless, electronic, video, or other form of message from an alarm installed within the city limits to any location outside of the city limits e.g., an alarm monitoring center located in a state other than California). All alarms that are monitored, except fire alarms, are included within the definition of Monitored Alarm System"; e.g., any monitored Burglary, Intrusion, Panic, Premises, Property, Robbery, or other type of Alarm Device. N) Non-Monitored Alarm System" means any Alarm System that emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, but which is not monitored by an Alarm Company Operator. 0) Panic Alarm" see Robbery Alarm." P) Person" means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the State of California; any political subdivision or municipal corporation thereof. Q) Police Department" or Police" means the Baldwin Park Police Department and includes other law enforcement agencies assisting the Baldwin Park Police Department. R) Premises" or Protected Premises" means any real property and any portion of any real property, within the city, protected by an Alarm System or Private Alarm System. S) Private Alarm System" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, to some other location, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Premises in some other fashion, except i) any system, device, or mechanism primarily protecting a motor vehicle or a medical alert alarm and ii) any Alarm System listed by an Alarm System Operator pursuant to subsection B) of section 91.07. BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 5 T) Private Alarm System Permit" means a permit validly issued pursuant to Section 91.04. U) Property Alarm," Intrusion Alarm," and Burglary Alarm" mean any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors and, when activated, transmits a telephonic, wireless, electronic, video, or other form of message, or emits an audible or visible signal that can be heard or seen by persons outside the Protected Premises, or transmits a signal beyond the Protected Premises. For purposes of this chapter, alarms on Automatic Teller Machines ATMs) are included in this definition. V) Responder" means a private guard, alarm company guard, private entity, or person contacted by an Alarm Company Operator, or any other person, who verifies there is evidence of intrusion, commission of an unlawful act, or emergency on the premises that would warrant a call for Police assistance or investigation for a Property Alarm, Intrusion Alarm, or Burglary Alarm. Any Responder for an Alarm Company Operator requesting Police response will notify the Police dispatcher what Alarm Company Operator requested them to respond and that Responder will meet Police at the Premises. W) Robbery Alarm" and Panic Alarm" mean any system, device, or mechanism manually activated by an individual on or near a Premises, to alert others a robbery or any other crime is in progress, or the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria: 1) It is designed to be manually activated by an individual for the purpose of summoning assistance to the Protected Premises; 2) It transmits a telephonic, wireless, electronic, video, or other form of message or emits an audible, visible, or electronic signal that can be heard, seen, or received by persons outside the Protected Premises. X) Valid Alarm" means a Property Alarm, Intrusion Alarm, Burglary Alarm, Robbery Alarm or Panic Alarm activation to which Police respond and determine there is evidence of intrusion, commission of an unlawful act, or emergency on the Premises that might have caused the alarm to sound. 91.03 Certain Devices, Systems, Uses Prohibited. A) No person shall operate or use an Alarm System or Private Alarm System that emits an audible sound where such emission does not automatically cease within ten 10) minutes. BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 6 B) No person shall operate or use an Alarm System or Private Alarm System, which automatically dials the Baldwin Park Police Department directly and delivers a prerecorded message; provided, that this provision does not apply to Medic Alarms. 91.04 Alarm Business Permit or Private Alarm System Permit Required. A) Any Alarm Company Operator installing, maintaining, altering, selling on premises, monitoring, or servicing Alarm Systems within the city limits, whether that company is located within California or outside California, is required to maintain an Alarm Business Permit in order to install, maintain, alter, sell on premises, monitor, or service Alarm Systems within the city. B) An Alarm Business Permit or Private Alarm System Permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to section 91.08 of this chapter. Issuance of an Alarm Business Permit or Private Alarm System Permit does not create any property right in that permit. C) No person shall use an Alarm Company Operator for an Alarm System, unless that Alarm Company Operator has a current, valid Alarm Business Permit. D) No person shall install or operate a Private Alarm System until that person has obtained a valid Private Alarm System Permit. 91.05 Alarm Business Permit and Private Alarm System Permit Application. A) Any Alarm Company Operator installing, maintaining, altering, selling on premises, monitoring, or servicing an Alarm System within the city limits, whether that company is located within California or outside California shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate as an Alarm Company Operator. The application shall i) be signed by the individual proprietor of such business, or by a partner, or by the proper corporate official, as is appropriate for the form of the business seeking the permit, ii) set forth the owner's name, age, business and residence address if a natural person, the name, age, business and residence address of each partner if a partnership, and the names of the principal officers and business address if a corporation and iii) shall include a statement the applicant will inform the Police Department within ten 10) days after any substantial change in the information required by this chapter. B) Applicants already doing business in the city before the date set forth in A), above, may continue to do business while their permit application is being processed. An applicant not doing business in the city on the date set forth in A), above, shall not commence doing business until its application is approved. BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 7 C) Each application for an Alarm Business Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. D) Any person installing, maintaining, altering, monitoring, a Private Alarm System within the city limits shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to operate the Private Alarm System. The application shall i) be signed by the individual operating the Private Alarm System, ii) set forth that person's name, age and business and residence address, and iii) shall include a statement the applicant will inform the Police Department within ten 10) days after any substantial change in the information required by this chapter. E) Applicants already doing operating a Private Alarm System in the city before the date set forth in D), above, may continue that operation while their permit application is being processed. An applicant not operating a Private Alarm System in the city on the date set forth in D), above, shall not commence that operation until a Private Alarm System Permit is approved. F) Each application for a Private Alarm System Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. 91.05.01 Alarm System User Permit Required. A) Any Alarm System User within the city limits is required to maintain an Alarm System User Permit for each Alarm System used by that person within the city. B) An Alarm System User Permit cannot be assigned, sold or transferred and may be revoked or suspended pursuant to section 91.08 of this chapter. Issuance of an Alarm System User Permit does not create any property right in that permit. C) No person shall use an Alarm System unless that person has a current, valid Alarm System User Permit. 91.05.02 Alarm System User Permit Application. A) Any Alarm System User using an Alarm System within the city limits shall, on or before April 1, 2010, apply to the Director, on a form to be furnished by the Chief of Police, for a permit to use an Alarm System. The application shall: i) be signed by the individual responsible for the use the Alarm System at the subject location, ii) set forth that person's name, age, business and residence address, iil) include the date of installation of that Alarm System, iv) include the name, address, and telephone number of the Alarm Company Operator who installed the Alarm System, the Alarm Company Operator who is BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 8 monitoring the Alarm System if different from the one who installed that Alarm System, and the Alarm Company Operator responsible for providing repair service to the Alarm System, if different from the one who installed or is monitoring that Alarm System, v) include a statement the Alarm System User will inform the Police Department within ten 10) days after any substantial change in the information required by this chapter, vi) include a statement a set of written operating instructions for that Alarm System, including written guidelines on how to avoid False Alarms, have been left with the Alarm System User by the Alarm Company Operator, and vii) the Alarm Company Operator has trained the Alarm System User in proper use of the Alarm System, including instructions on how to avoid False Alarms. B) Applicants already using an Alarm System in the city before the date set forth in A), above, may continue to use and have that Alarm System while their permit application is being processed. An applicant not having or using an Alarm System in the city on the date set forth in A), above, shall not commence using or having an Alarm System until its application is approved. C) Each application for an Alarm System User Permit required under this section shall be accompanied by a fee the amount of which shall be established by resolution of the City Council. D) If an Alarm Company Operator monitors or installed the Alarm System for which a permit is required pursuant to this section, then the fees required by subsection C), above, or section 91.065 shall be paid by that Alarm Company Operator. E) The Alarm Company Operator referred to in subsection D), above, shall be jointly and severally responsible for the filing of the required application. 91.05.03 Notice of Installation of Alarm System. Within seven 7) days after installation of each Alarm System in the city, the Alarm Company Operator referred to in subsection 91.055 D), above, shall notify the Director that Alarm System has been installed. 91.06 Term of Alarm Business Permit or Private Alarm System Permit and Renewal. A) An Alarm Business Permit or Private Alarm System Permit shall expire on the first day of the calendar month following eleven full calendar months after the month the permit was issued the Expiration Date"). B) An Alarm Business Permit or Private Alarm System Permit renewal shall be dated the Expiration Date of permit being renewed. No renewal permit will be issued until i) a new signed and complete application is submitted to the city and ii) the BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™ Í«Ordinance No. 1329 Page 9 Alarm Business Permit or Private Alarm System Permit fee and any administrative fines or penalties previously imposed on the Alarm Company Operator or person, as applicable are paid. A late charge, the amount of which shall be established by resolution of the city council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in section 91.10. 91.06.01 Term of Alarm System User Permit. A) An Alarm System User Permit shall expire on each January 1 after the permit is first issued the User Expiration Date"). B) An Alarm System User Permit renewal shall be dated the User Expiration Date of permit being renewed. No renewal permit will be issued until i) a new signed and complete application is submitted to the city and ii) the Alarm System User Permit fee and any administrative fines or penalties previously imposed on the Alarm System User are paid. A late charge, the amount of which shall be established by resolution of the city council, will be assessed on each permit holder who does not pay the required renewal fee prior to expiration of its existing permit. A suspended permit may be renewed only as provided in section 91.10. 91.07 Current Information Required. A) Within ten 10) days following any change of circumstances which renders obsolete any of the information submitted pursuant to section 91.05, the permittee shall file an amendment to the application setting forth the currently accurate information. No additional fee shall be required. B) Each Alarm System Operator shall keep on file with the Chief of Police a current list of each Protected Premises serviced by that by that Alarm System Operator. C)A person shall keep on file with the Chief of Police a current list of each Protected Premises owned or controlled by that person at which that person operates or maintains a Private Alarm System. 91.08 Suspension and Revocation of Alarm Business, Private Alarm System or Alarm System User Permit. A) The Chief of Police may suspend or revoke, in her or his reasonable discretion, an Alarm Business Permit, Private Alarm System Permit or Alarm System User Permit based upon one or more of the following grounds, as applicable: 1) If an applicable Alarm System or Private Alarm System results in more than five 5) False Alarms in any 12-month period. 2) Any false or incomplete statement made on the permit application. BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™ Í«Ordinance No. 1329 Page 10 3) Programming of an automatic dialer to select any city telephone line. 4) Maintenance, installation or use of the Alarm System or Private Alarm System in violation of any applicable federal, state or local law, ordinance or regulation, including the requirements of this Article. 5) Failure to provide current information as required in section 91.07. 6) The failure of an Alarm Company Operator employee or person operating or maintaining a Private Alarm System to identify him/herself by operator number, company name, address and phone number at the request of a Police dispatcher. 7) Failure to remit payment of fees, administrative fines or penalties in accordance with this chapter. 8) Failure of an Alarm Company Operator to comply with any applicable federal, state or local law, ordinance or regulation governing the Alarm Company Operator's operations. 9) Failure of the person operating or maintaining a Private Alarm System to comply with any applicable federal, state or local law, ordinance or regulation governing that person's maintenance or operation of a Private Alarm System. 10) Failure of an Alarm System User to comply with any applicable federal, state or local law, ordinance or regulation governing that person's maintenance or operation of an Alarm System. 11) The criminal conviction of an owner, principal, officer or operator of an Alarm Company Operator for any felony whatsoever, or any misdemeanor offense involving moral turpitude. The Chief of Police's decision to either suspend or revoke an Alarm Business Permit on the grounds set forth in this subsection shall be based upon the severity of the violation, including, but not limited to, consideration of the following factors: a) The materiality and nature of any false or incomplete statement made on the permit application, b) The number and severity of any prior instances of failure to comply with federal, state or local laws, ordinances or regulations, including the provisions of this Article, by the Alarm Company Operator, c) The amount of fees, administrative fines or penalties owed and unpaid by the Alarm Company Operator, or BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™ Í«Ordinance No. 1329 Page 11 d) The nature of the criminal conviction of an owner, principal, officer or operator of an Alarm Company Operator. B) If the Chief of Police determines there is cause for the suspension or revocation of a permit, then she/he shall mail a notice of suspension or revocation to the principal of the Alarm Company Operator, as provided on the Alarm Business Permit, or the person to whom a Private Alarm System Permit or Alarm System User Permit has been issued stating the suspension or revocation will be effective thirty 30) days after the date of mailing, unless a notice of appeal is filed with the city clerk in accordance with section 91.13. C) An Alarm Company Operator operating an Alarm System after the Alarm Business Permit has been suspended or revoked shall be a violation of this chapter. D) A person operating or maintaining a Private Alarm System after the Private Alarm System Permit for that Private Alarm System has been suspended or revoked shall be a violation of this chapter. E) A person using any Alarm System after the Alarm System User Permit has been suspended or revoked shall be a violation of this chapter. 91.09 Appeals of Suspension and/or Revocation Orders. Any Alarm Company Operator, any Alarm System User or the person to whom a Private Alarm System Permit has been issued aggrieved by the action of the Chief of Police in suspending or revoking an Alarm Business Permit, a Private Alarm System Permit or Alarm System User Permit, as applicable, under this Article may, within ten 10) days after such action, appeal to the City by filing written notice with the city clerk and paying the fee established by resolution of the city council. The Chief Executive Officer or his/her designee shall then review the determination or decision of the Chief of Police in the matter appealed from and may approve, disapprove or modify such determination or decision. Such review shall be conducted no later than thirty 30) days after the date of the filing of the appeal, unless both the Chief of Police and appellant agree in writing the Chief Executive Officer may decide the matter at a later date, not to exceed ninety 90) days after the date of the filing of the written notice of appeal with the city clerk. The action of the Chief Executive Officer under this section shall be final and conclusive. 91.10 Reinstatement After Suspension. An Alarm Company Operator whose Alarm Business Permit, person whose Private Alarm System Permit or person whose Alarm System User Permit has been suspended may have the permit reinstated upon proof, to the satisfaction of the Chief of Police, the grounds for suspension no longer exist and upon payment of a reinstatement fee in an amount established by resolution of the City Council. BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™ ORD 1329Ä—ÀHÄ—@¸— ¸™ Í«Ordinance No. 1329 Page 13 C) Within ten 10) days after the filing of a request for an administrative hearing and paying the appeal fee therefore, the City Clerk shall give notice to the requesting party of the date, time and place of the hearing. The hearing shall be set on a date that is no less than ten 10) days and no more than sixty 60) days after the date of the notice. D) A request for an administrative hearing must be accompanied by a deposit in the amount of the administrative fine. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit and fee required. If the requesting party prevails on appeal, then the amount deposited will be refunded within ten 10) days after the date of decision. E) The hearing officer on all appeals of administrative fines assessed pursuant to this chapter shall be the Director. A representative for the Alarm Company Operator that has been assessed the fine, the Alarm System User who has been assessed the fine or the person issued the Private Alarm System Permit who was assessed the fine must appear at the administrative hearing. The failure of the Alarm Company Operator representative, Alarm System User or the person issued the Private Alarm System Permit who was assessed the fine to appear at the administrative hearing shall constitute a waiver of the right to a hearing on the citation and any defenses to the citation the Alarm Company Operator, Alarm System User or the person issued the Private Alarm System Permit who was assessed the fine may have had. The Alarm Company Operator's or Alarm System User's deposit or the deposit from the person operating or maintaining the Private Alarm System who was assessed the fine shall be forfeited without further action. A failure to appear at the administrative hearing shall also constitute a failure to exhaust administrative remedies. F) The remedies set forth in this chapter are non-exclusive and the City may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this chapter. 91.14 Mailing of Notices. Any notice required by this chapter to be mailed shall be sent by ordinary mail, addressed to the address as reflected in the records of the Director. Failure to receive such notice shall not relieve the obligation to pay any fee, interest, or penalty, nor shall such failure extend any time limit. It is the responsibility of the Alarm Company Operator or the person operating or maintaining the Private Alarm System who was assessed the fine to inform the Director in writing about a change in address, pursuant to section 91.07. 91.15 No Duty or Obligation. Nothing in this chapter imposes or creates any express or implied duties or obligations on the part of the city, its Police Department or any other governmental BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 14 agency. Nothing in this chapter creates any express or implied duty or obligation for the Police Department to respond to an Alarm Device activation of any sort, whether verified or not. Any and all liability or consequential damage resulting from the failure to respond to an Alarm Device activation of any sort is hereby disclaimed and governmental immunity as provided by law is retained by the city. 91.16 Powers of the Chief of Police. The Chief of Police shall have broad discretion to promulgate, execute and enforce policies, procedures and directives as may in her/his discretion be necessary to implement the provisions of this chapter, including appointment of the Director. Such powers of the Chief of Police shall include, but are not limited to, the power to promulgate, execute and enforce a policy, not inconsistent with the provisions of this chapter, regarding dispatch of officers to any Alarm Device activation, whether or not it is a Valid Alarm. SECTION 2. If any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is declared unconstitutional or otherwise invalid for any reason, or if any portion of this ordinance is pre-empted by state or federal law or regulation, then such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. SECTION 3. The City Council finds and determines that the enactment of this Ordinance is not a project under the California Environmental Quality Act CEQA) Cal. Pub. Resource Code 21000 et seq.) in that the activities described in the Ordinance are a continuing administrative activity of the City involving general policy and procedure making and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. State CEQA Guidelines, Cal. Code of Regs., Title 14, 15378.) Therefore, no environmental assessment is required or necessary. SECTION 4. This ordinance shall go into affect and be in full force and operation from and after thirty 30) days after its final reading and adoption. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published or posted in a manner prescribed by law. PASSED AND APPROVED ON THE 2nd day of June 2010 MAN U ug, MI Y RL BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 ORD 1329Ä—ÀHÄ—@¸— ¸™Í«Ordinance No. 1329 Page 15 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do herby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on May 19, 2010. That there after said Ordinance 1329 was duly approved and adopted at a regular meeting of the City Council on June 2, 2010 by the following vote: AYES: COUNCIL MEMBERS: Marlen Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: Monica Garcia ABSTAIN: COUNCIL MEMBERS: NONE LAURA M. NIETO, CIVIC DEPUTY CITY CLERK BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04 Í«Ordinance No. 1329 Page 12 91.11 False Alarm Administrative Fines. A) False Alarm Administrative Fine for Alarm Company. An Alarm Company Operator shall pay to the city, within thirty 30) days after the date of an invoice, an administrative fine for each False Alarm generated by each Alarm System monitored by the Alarm Company Operator 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 non-monitored alarm systems. The amount of the administrative fine for each False Alarm shall be established by resolution of the city council. B) False Alarm Administrative Fine for Private Alarm System. A person operating or maintaining a Private Alarm System shall pay to the city, within thirty 30) days after the date of an invoice, an administrative fine for each False Alarm generated by that Private Alarm System in excess of one false alarm per calendar year. The amount of the administrative fine for each False Alarm shall be established by resolution of the city council. C) Fines Cumulative. Administrative fines for each False Alarm are cumulative and not exclusive. 91.12 Penalties for Failure to Pay Fines. A) Payment of any administrative fine under this chapter is due within thirty 30) days after the invoice date or within an extension of time granted by the Director. If payment is not received on or before thirty 30) days after the date it became due, then a penalty in an amount established by resolution of the city council shall be imposed. B) The permittee shall be notified by mail of the amount of any penalties so added or assessed; the same shall become due and shall be paid within ten 10) days after the date of such notice. 91.13 Appeals and Contested Fines. A) The manner of assessing administrative fines and methods to appeal such fines shall comply with all the procedures specified in Chapter 12 of Title I of this code, unless in conflict with the provisions of this chapter. B) A separate written request for an administrative hearing must be filed for each administrative fine assessed. Multiple administrative fines, even if assessed against the same Alarm Company Operator, Alarm System User or the person to whom a Private Alarm System Permit has been issued cannot be appealed on a single request for hearing form. BIB] 40564-U01 ORD-U02 1329-U02 LI2-U03 FO8535-U03 FO132215-U03 DO132216-U03 C5-U03 ORDINANCES-U03 1/20/2011-U04 ROBIN-U04