ORD 256ORDINANCE 256
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA ADDING SECTION 11.90 OF THE MUNICIPAL CODE REGULATING
FALSE ACTIVATIONS OF BURGLARY AND ROBBERY ALARMS
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. SECTION 11.90 of the La Quinta Municipal Code is hereby added to
read as shown on Exhibit "A" as attached.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 3. 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.
vote:
PASSED, APPROVED and ADOPTED this 18 day of October, 1994, by the following
AYES: Council Members Bangerter, McCartney, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOifN4ENX Mayor
City of La Quinta
AUNDRA L. OLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN HONEYWELL, C ty Attorney
City of La Quinta, California
i
Chapter 11.90
REGULATION OF FALSE ACTIVATIONS OF BURGLARY AND ROBBERY
ALARMS
Sections:
11.90.010
Definitions
11.90.020
Purpose
11.90.030
Prohibitions
11.90.040
Procedures
11.90.050 Service Fees
11.90.010 Definitions.
For the purpose of this ordinance, the following definitions will apply:
A. Alarm System shall mean any device designed for the detection of any
unauthorized entry on premises or for alerting others of the commission of an unlawful act or
both, and when activated, emits a sound and/or transmits a signal to indicate that an emergency
exists, and to which Peace Officers are expected to respond.
B. False Alarm shall mean the activation of an alarm system necessitating response by
Peace Officers when a emergency situation does not exist; provided that alarm activations
generated by natural disaster or other violent conditions of nature not subject to the control of the
alarm user shall not constitute a false alarm.
C. Audible Alarm shall mean a device designed for the detection of the unauthorized
entry on or attempted entry into a premise or structure or for alerting others of the commission of
an unlawful act or both, and which, when activated, generated an audible sound on the premises.
D. Alarm User shall mean any person using an alarm system at his place of business,
residence or property.
E. City shall mean the City of La Quinta.
F. Day shall mean calendar day.
G. Police Chief shall mean the Sheriff s Captain providing contract law enforcement
service to the City of La Quinta or his designee.
H. Person shall mean natural person, firm, partnership, association or corporation
I. Police Department shall mean the Sheriffs Department of the County of Riverside
providing law enforcement services to the City of La Quinta.
J. Service Fee shall mean a fee paid to the City of La Quinta after an excessive
number of false alarms within the specified period of time.
11.90.020 Purpose and objectives.
The purpose of this ordinance is to set forth regulations governing the use of alarm
systems, provide for service fees for excessive responses necessitated by false alarms, and to
provide penalties for violations of provisions of this ordinance.
A. The provisions of this ordinance and the requirements therein shall become
effective thirty (30) days after the adoption of this ordinance.
B. The provisions of this ordinance are not applicable to audible alarms affixed to
motor vehicles or smoke and heat detectors in single-family residential units, unless the alarm is
connected to a central monitoring system.
C. The provisions of this Ordinance are not applicable during the first 30 days of
activation of a newly installed alarm s, stem.
11.90.030 Prohibitions.
A. No person shall use or cause to be used any telephone device or telephone
attachment that automatically selects a public telephone trunk line to the Police Department and
then reproduces any pre-recorded message to report any unlawful act or other emergency.
B. All alarm systems sold for installation and installed within the City of La Quinta
shall utilize approved underwriter's Laboratories or equivalent rated and protected equipment.
C. No person shall operate or use, or cause to be operated or used, any alarm system
that emits a sound similar to that of any emergency vehicle siren or civil defense warning system.
D. No person shall operate or use, or cause to be operated or used, an alarm system
designed to report an armed robbery (as defined in California Penal Code Section 211 et al) for
any purpose other than reporting robberies or other crimes involving potential immediate serious
bodily injuryor death.
E. No person shall knowingly turn in a false alarm. This section does not prohibit a
test of an alarm system if procedures are taken to ensure that the Police Department is notified of
the intended test prior to the activation.
11.90.040 Procedures.
A. If the Police Chief (or his 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 (2) false burglary alarms or more than one (1) false robbery alarm in any ninety
(90) day period is excessive. This ordinance shall require a service fee to be paid per Section
11.90.050.
B. Multiple_ activations of an alarm system within a calendar day shall count as only
one (1) false alarm for the purpose of this ordinance.
C. An alarm user may contest the responding officer's determination of a false alarm
by contacting the Police Chief or his designee, within ten (10) days of the notification of the false
alarm. The Police Chief, or his 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 & Safety
Department within ten (10) days of said determination.
D. An audible alarm shall terminate its operation or the audible alarm shall
automatically reset within fifteen (15) minutes of its being activated. If an audible alarm has
emitted an alarm signal in excess of thirty (30) minutes within a one (1) 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 (30) minutes of being notified of the nuisance.
11.90.050 Service Fees
A. A service fee shall be paid to the City of La Quinta by an alarm user after an
excessive number of false alarms have been received from a particular business, residence or
property. Fees shall be set according to resolution adopted by the City Council.
B. An alarm user may appeal to the Police Chief or his 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 & Safety upon the written request of the alarm user.
C. The service fees are to be paid to the City of La Quinta within fifteen (15) days of
the notification being mailed in the U.S. Postal Service.
D. The United States Government, the State of California, other County departments,
and other governmental agencies are exempt from fees required in this ordinance.
ordlbur
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, 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. 256 which was introduced
on the 4th day of October, 1994 and was adopted at a regular meeting held on the 18th day of
October, 1994 not being less than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
La uinta as specified in a resolution of the City Council.
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on November 2, 1994 pursuant to City Council
Resolution.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California