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ORD 260ORDINANCE 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADDING SECTION 11.92 OF THE MUNICIPAL CODE REGULATING FALSE ACTIVATIONS OF FIRE ALARMS The City Council of the City of La Quinta does ordain as follows: SECTION 1. SECTION 11.92 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. PASSED, APPROVED and ADOPTED this 20th day of December, 1994, by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena NOES: None ABSENT: Council Member McCartney ABSTAIN: None City Clerk City of La Quinta, California APPROVED AS TO FORM: A)d&JIL, -7 - DAWN HONEYWELL, City Attorney City of La Quinta, California ordbur L- JolblEN Mayor City of La Quinta Chapter 11.92 REGULATION OF FALSE ACTIVATIONS OF FIRE ALARMS Sections: 11.92.010 Definitions 11.92.020 Purpose 11.92.030 Prohibitions 11.92.040 Procedures 11.92.040 Service Fees 11.92.010 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 fire or fire related product of combustion or for the detection of the activation of an automatic fire suppression system or for alerting others of a fire or fire related product of combustion or for the detection of the activation of an automatic fire suppression system and when activated, emits a sound and/or transmits a signal to indicate that an emergency exists, and to which the Fire Department is expected to respond. B. False Alarm shall mean the activation of an alarm system necessitating response by the Fire Department 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 a fire emergency or activation of an automatic fire suppression system or both, and which, when activated, generates 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. Fire Chief shall mean the Fire Chief of the Fire Department or his/her designee providing contract fire protection service to the City of La Quinta. H. Person shall mean natural person, firm, partnership, association or corporation. I. Fire Department shall mean the Fire Department of the County of Riverside providing fire protection 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. 11.92.020 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 system. 11.92.030 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 Fire Department and then reproduces any pre-recorded message to report any fire 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. This section does not prohibit a test of an alarm system if procedures are taken to ensure that the Fire Department is notified of the intended test prior to the activation. 11.92.040 Procedures. A. If the Fire Chief (or his 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 (2) false fire alarms in any ninety (90) day period is excessive. This ordinance shall require a service fee to be paid per Section 11.92.050. 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 Fire Chief or his designee, within ten (10) days of the notification of the false alarm. The Fire 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 (l 5) 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 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 (30) minutes of being notified of the nuisance. 11.92.050 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 Fire Chief or his designee, if extenuating or mitigating circumstances can be presented to satisfy the Fire 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. ord1bur 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. 260 which was introduced on the 6th day of December, 1994 and was adopted at a regular meeting held on the 20th day of December, 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 &inta as specified in a resolution of the City Council. KAUNDRA L. XWOLA, 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 ft foregoing ordinance was posted on December 22, 1994 pursuant to City Council SAUNDRA L.GIUHOLA, City Clerk City of La Quinta, California