HomeMy WebLinkAbout4129 I Ordinance No. 412
2 AN ORDINANCE AMENDING CHAPTER 40,
3 ENTITLED "ALARM SYSTEMS," OF THE BUTTE COUNTY CODE
ADDING PENALTIES FOR EXCESSIVE FALSE ALARMS
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5 The Board of Supervisors of the County of Butte ordains as follows:
6 Section 1. Purpose. This proposed ordinance amends Chapter 40, Sections 40-3(b)(3), 40-
7 4(e)(3), 40-5, 40-8, and 40-10(c) by replacing "sheriff's department" with"sheriff's office" and
8 adding penalties for excessive false alarms.
9 Section 2. Subsection 40-3(b)(3) of"Definitions" is amended to read as follows:
10 (b) Alarm System: A device or any assembly of equipment, mechanical or electrical
1 1 that, when tripped, emits, transmits or relays a signal intended to summon, or tha
12 could reasonably be expected to summon, police services of the county. "Alarm
13 system" does not include:
14 (1) An alarm installed on a vehicle, unless the vehicle is permanently located;
15 nor
16 (2) An alarm designed to alert only the inhabitants of a residence or business
17 premises; nor
18 (3) Alarm devices installed on a temporary basis by the sheriffs office.
19 Section 3. Subsection 40-4(e)(3) of"Alarm System Permit" is amended to read as follows:
20 (e) Permit Fee.
21 (1) Every application for an alarm system permit shall be accompanied by
22 nonrefundable fee in an amount specified in the Butte County Master Fe
23 Schedule. This fee is imposed for the purpose of defraying the cost o
24 processing and overseeing the permit process. The fee is subject t
25 periodic adjustment based on the United States Department of Labor,
26 Bureau of Labor Statistics Employment Cost Index (ECI) for State and
27 Local Government.
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1 (2) Every applicant shall be given a receipt for the aforesaid permit fee at the
2 time such fee is paid and the application is approved. Persons exempt from
3 payment of fees shall be issued a receipt as if a fee has been paid. Th
4 receipt shall serve as a temporary alarm system permit for a period not t
5 exceed forty-five (45) days from the date on which the fee was paid, an
6 shall be of no force or effect after the forty-five-day period expires, o
7 after the alarm system permit is issued, whichever event occurs first.
8 (3) Permit fees are for a two-year duration unless:
9 (a) The permit user moves to a different address; or
10 (b) The permit is revoked.
I 1 In either case, the unused portion of the fee shall be forfeited.
12 (4) Persons exempt from permit fees include:
13 (a) Persons pursuant to Government Code Section 6103; and
14 (b) Residential alarm users over the age of sixty-five (65) who are th
15 primary resident of the residence and if no business is conducted a
16 the residence.
17 Section 4. Section 40-5 is amended to read as follows:
18 40-5 Service fees.
19 (a) Required. Any person who maintains or has an alarm system which signals a false
20 alarm (any signal by an alarm system which causes a police response when a
21 emergency situation does not exist) shall pay a service fee to the County of Butt
22 as adopted by Resolution of the Board of Supervisors as part of the Butte Count
23 Master Fee Schedule. False alarms in excess of six (6) per calendar year are
24 considered a nuisance and subject to the false alarm fee, plus a penalty that i
25 equal to the amount of the fee.
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I These fees are subject to periodic adjustment based on the United State
2 Department of Labor, Bureau of Labor Statistics Employment Cost Index (ECI
3 for State and Local Government.
4 Section 5. Section 40-8 is amended to read as follows:
5 40-8 Hearing officer.
6 The hearing prescribed by section 40-9 shall be conducted by an individual who i
7 designated by the county administrative officer. The individual may be an employee of the
8 county who is not assigned to the sheriffs office or otherwise subordinate to the sheriff, or a
9 individual who is not an employee, retained pursuant to a contract to provide such services. Th
10 county administrative officer is hereby authorized to contract in the name of the county for the
I l service of such a hearing officer at rates for such service which do not exceed seventy-five
12 dollars ($75.00) per hour of service rendered.
13 Section 6. Subsection 40-10(c) of"Other regulations" is amended to read as follows:
14 (c) No automatic dialing device shall be interconnected to a primary trunkline of the
i5 sheriffs office or 911 trunkline after January 1, 1988. Any such automatic dialing
16 device so interconnected prior to January 1, 1988, shall be disconnected prior t
17 February 1, 1988. The permittee of the alarm system shall be responsible fox
18 having the device disconnected. The relaying of messages to the sheriffs office b
19 an automatic dialing device may not be interconnected directly to the sheriff
20 office, or indirectly to the telephone company operator, Butte County telephone
21 operator, or 911 emergency center operator.
22 Section 7. Severability. If any provision of this Ordinance or the application thereof to any
23 person or circumstances is for any reason held to be invalid by a court of competent jurisdiction,
24 such provision shall be deemed severable, and the invalidity thereof shall not affect the
25 remaining provisions or other applications of the Ordinance which can be given effect without
26 the invalid provision or application thereof.
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I Section 8. Effective Date and Publication. This Ordinance shall take effect on July 13,
2 2017, which is 30 days after the date of its passage. The Clerk of the Board of Supervisors is
3 authorized and directed to publish a summary of this ordinance before the expiration of fifteen
4 (15) days after its passage. This ordinance shall be published once, with the names of the
5 members of the Board of Supervisors voting for and against it, in the Chico Enterprise-Recorder
6 and the Oroville Mercury-Register, newspapers of general circulation published in the County of
7 Butte, State of California.
8 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
9 California, on the 13'p' day of June, 2017 by the following vote:
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11 AYES: Supervisors Wahl, Kirk, Lambert, Teeter, and Chair Connelly
NOES: None
12 ABSENT: None
NOT VOTING: None
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BILL CONNELLY, C4ir
14 Butte County Board of Supervisors
15 ATTEST:
16 PAUL HAHN,
Chief Administrative Officer
17 and Clerkof athe , d of Supervisors
By:
eput
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