ORD 558ORDINANCE NO.558
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SECTIONS 11.90.040,
11.90.050, 11.92.040, AND 11.92.050 OF THE LA QUINTA
MUNICIPAL CODE, RELATING TO THE COLLECTION OF FEES
AND FINES FOR REPEAT FALSE ALARMS
WHEREAS, Title 11 of the La Quinta Municipal Code relates to Peace, Morals and
Safety of the City of La Quinta ("City"); and
WHEREAS, the City incurs costs for responding to false alarms to repeat
offenders; and
WHEREAS, in the last few years, costs have increased and there has been a rise
in the number of responses to false alarms at the same addresses; and
WHEREAS, the Police and Fire Departments responded to more than 3,560 false
alarms in 2016, and some locations generated three or more false alarms within a 365
day period, which has resulted in excessive and unnecessary diversion and use of
public safety resources.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1: Recitals. The foregoing recitals are true and correct and are
incorporated herein as though set forth in full.
SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted
by the California Constitution and state law, in addition to the La Quinta City Charter.
SECTION 3: Adoption. Sections 11.90.040, 11.90.050, 11.92.040 and 11.92.050 of
the La Quinta Municipal Code are hereby amended as written in "Exhibit A" attached
hereto and incorporated herein.
SECTION 4: California Environmental Quality Act (CEQA) Determination. In
adopting this Ordinance, the City Council finds that the project is categorically exempt
from CEQA pursuant to Title 14 California Code of Regulations Sections 15061(b)(3)
and 15378, in that it can be seen with certainty that the adoption of the Municipal
Code amendments propose no activity that may have a significant effect on the
environment and will not cause a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment.
SECTION 5: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
Ordinance No. 558
Amendments to Title 11 Relating to the Collection of Fees and Fines of Repeat False Alarms
Adopted: June 6, 2017
Page 2 of 8
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 existing
provisions in the La Quinta Municipal Code. The City Council hereby declares that it
would have adopted this Ordinance and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared unconstitutional.
SECTION 6: Effective Date. This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 7: Posting. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the Lo Quinta City
Council held this 6th day of June, 2017 by the following vote:
AYES: Council Members Fitzpatrick, Radi, Sanchez
NOES: Council Member Pena, Mayor Evans
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City erk
City of La Quinta, California
(CITY SEAL)
Ordinance No. 558
Amendments to Title 11 Relating to the Collection of Fees and Fines of Repeat False Alarms
Adopted: June 6, 2017
Page 3 of 8
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 558
Amendments to Title 11 Relating to the Collection of Fees and Fines of Repeat False Alarms
Adopted: June 6, 2017
Page 4 of 8
Ordinance No. 558
Amendments to Title 11 Relating to the Collection of Fees and Fines of Repeat False Alarms
Adopted: June 6, 2017
Page 5 of 8
EXHIBIT A
Section 11.90.040 of the La Quinta Municipal Code is amended to read.
11.90.040 Procedures.
A. If the police chief (or designee) determines that a false alarm has
occurred, the police officer responding to the alarm shall leave a notice at the
premises which shall include the date and time of the response and a statement that
the alarm was a "false alarm." The notice shall also state that the user should take
action to correct the causative problems and a warning that more than two false
alarms, including but not limited to more than two false robbery or burglar alarms, in
any one (1) year period is excessive. This chapter shall require a service fee to be paid
per Section 11.90.050. Notice may be left at the premises pursuant to any method
authorized pursuant to Section 1.01.300, or successor section, of the code.
B. Multiple activations of an alarm system within a calendar day shall count
as only one false alarm for the purpose of this chapter.
C. An alarm user may contest the responding officer's determination of a
false alarm by contacting the police chief or designee, within ten (10) days of the
notification of the false alarm. The police chief, or designee, will make a decision
concerning the determination that there was a false alarm. Any such decision may be
appealed to the director of building and safety department within ten days of said
determination.
D. An audible alarm shall terminate its operation or the audible alarm shall
automatically reset within fifteen minutes of its being activated. If an audible alarm
has emitted an alarm signal in excess of thirty minutes within a one -hour period it
may be declared a nuisance, and the police department may cause such alarm to be
disconnected by an alarm agent licensed by the department of consumer affairs, and
the cost thereof to be charged to the alarm user. If the alarm is connected to a
central monitor, a responsible party must deactivate the alarm within thirty minutes
of being notified of the nuisance.
Section 11.90.050 of the La Quinta Municipal Code is amended to read.
11.90.050 Service fees.
Ordinance No. 558
Amendments to Title 11 Relating to the Collection of Fees and Fines of Repeat False Alarms
Adopted: June 6, 2017
Page 6 of 8
A. A service fee shall be paid to the city by an alarm user after an excessive
number of false alarms have been received from a particular business, residence or
property. For purposes of this section, three or more false alarms within a one (1) year
period, commencing from the date of the first false alarm, is deemed an excessive
number of false alarms. Fees shall be set according to resolution adopted by the city
council, and the amount of the fee after five or more false alarms shall be up to the
amount of full cost recovery, per each false alarm, for responses to false alarms as
established by the resolution adopted by the city council.
B. An alarm user may appeal to the police chief or designee, if extenuating
or mitigating circumstances can be presented to satisfy the police chief that
extraordinary circumstances exist which preclude the alarm users good faith attempts
at rectifying the causative problems with his alarm system. The final decision as to
assessment of the service fee will be made by the director of building and safety upon
the written request of the alarm user.
C. The service fees are to be paid to the city within fifteen days of the
notification being mailed in the U.S. Postal Service. Failure to pay a service fee is a
violation of this code and subject to fines in the amounts set forth in Section
1.09.020(D), or successor section, of the code.
D. The United States Government, the state of California, other county
departments, and other governmental agencies are exempt from fees required in this
chapter.
Section 11.92.040 of the La Quinta Municipal Code is amended to read:
11.92.040 Procedures.
A. If the fire chief (or designee) determines that a false alarm has occurred,
the fire officer responding to the alarm shall leave a notice at the premises which shall
include the date and time of the response and a statement that the alarm was a
"false alarm." The notice shall also state that the user should take action to correct
the causative problems and a warning that more than two false fire alarms in any one
(1) year period is excessive. This chapter shall require a service fee to be paid per
Section 11.92.050. Notice may be left at the premises pursuant to any method
authorized pursuant to Section 1.01.300, or successor section, of the code.
B. Multiple activations of an alarm system within a calendar day shall count
as only one false alarm for the purposes of this chapter.
C. An alarm user may contest the responding officer's determination of a
false alarm by contacting the fire chief or designee, within ten days of the notification
of the false alarm. The fire chief, or designee, will make a decision concerning the
Ordinance No. 558
Amendments to Title 11 Relating to the Collection of Fees and Fines of Repeat False Alarms
Adopted: June 6, 2017
Page 7 of 8
determination that there was a false alarm. Any such decision may be appealed to
the director of the building and safety department within ten days of said
determination.
D. An audible alarm shall terminate its operation or the audible alarm shall
automatically reset within fifteen minutes of its being activated. If an audible alarm
has emitted an alarm signal in excess of thirty minutes within a one -hour period, it
may be declared a nuisance, and the fire department may cause such alarm to be
disconnected by an alarm agent licensed by the department of consumer affairs, and
the cost thereof to be charged to the alarm user. If the alarm is connected to a
central monitor, a responsible party must deactivate the alarm within thirty minutes
of being notified of the nuisance.
Section 11.92.050 of the La Quinta Municipal Code is amended to read:
11.92.050 Service fees.
A. A service fee shall be paid to the city by an alarm user after an excessive
number of false alarms have been received from a particular business, residence or
property. For purposes of this section, three or more false alarms within a one (1) year
period, commencing from the date of the first false alarm, is deemed an excessive
number of false alarms. Fees shall be set according to resolution adopted by the city
council, and the amount of the fee after five or more false alarms shall be up to the
amount of full cost recovery, per each false alarm, for responses to false alarms as
established by the resolution adopted by the city council.
B. An alarm user may appeal to the fire chief or designee, if extenuating or
mitigating circumstances can be presented to satisfy the fire chief that extraordinary
circumstances exist which preclude the alarm user's good faith attempts at rectifying
the causative problems with his alarm system. The final decision as to assessment of
the service fee will be made by the director of building and safety upon the written
request of the alarm user.
C. The service fees are to be paid to the city within fifteen days of the
notification being mailed in the U.S. Postal Service. Failure to pay a service fee is a
violation of this code and subject to fines in the amounts set forth in Section
1.09.020(D), or successor section, of the code.
D. The United States Government, the state of California, other county
departments, and other governmental agencies are exempt from fees required in this
chapter.
Ordinance No. 558
Amendments to Title 11 Relating to the Collection of Fees and Fines of Repeat False Alarms
Adopted: June 6, 2017
Page 8 of 8
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF LA QUINTA }
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 558 which was
introduced at a regular meeting on the 2nd day of May, 2017, and was adopted at a
regular meeting held on the 6" day of June, 2017, not being less than 5 days after the
date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2015-023.
SUSAN MAYSELS, City Cleryj
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on June 8, 2017 pursuant to Council Resolution.
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SUSAN MAYSELS, CityCdrk
City of La Quinta, California