2019/06/11 City Council Ordinance 935 ORDINANCE NO. 935
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING CHAPTER 9.65—ALARM SYSTEMS AND SECTION 15.28.020 OF THE
ROHNERT PARK MUNICIPAL CODE TO REGULATE FALSE ALARMS,REQUIRE
REGISTRATION,AND IMPOSE PENALTIES
WHEREAS, by Ordinance No. 522,the City of Rohnert Park enacted Chapter 9.65 of the
Rohnert Park Municipal Code in 1990, which currently regulates alarm systems and declares that
alarm systems which transmit false alarms to the Department of Public Safety constitute and public
nuisance; and,
WHEREAS,by Ordinance No. 902,the City of Rohnert Park adopted the 2016 California
Fire Code, California Code of Regulations, Title 24, Part 9, with local amendments set forth in
Rohnert Park Municipal Code section 15.28.020 that also regulate false alarms within the City in
a manner similar to Chapter 9.65; and
WHEREAS, in order to provide a quick and efficient response to all emergency calls for
aid, it is necessary to ensure that public resources are not diverted to response of false alarms; and
WHEREAS, imposing appropriate penalties, reflecting the City's cost of responding to
false alarms,on those individuals responsible for the alarm systems causing the false alarms would
encourage those individuals to maintain such systems in good repair and discourage the waste of
public resources;
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Recitals and Evidence. The above recitations are true and correct and
material to this Ordinance. In making its findings, the City Council relied upon and hereby
incorporates by reference all staff reports, presentations, and other documentation presented to the
Council in the meeting.
Section 2. Amended. Sections 9.65.010, 9.65.040, 9.65.050, 9.65.060, 9.65.070, and
9.65.080 of the Rohnert Park Municipal Code, Chapter 9.65 — Alarm Systems, are amended to
read in their entirety as follows:
Section 9.65.010—Declaration of policy.
It is the policy of the city to provide a quick and efficient response to all emergency calls for aid
requiring police or fire services.Property owners and residents within the city may utilize an alarm
system that transmits a request for aid directly to the department of public safety, for cases of
burglary, robbery, fire or other emergency.
In some cases the alarms are false alarms and public resources are diverted to the source of the
alarm only to find that they have responded to a false alarm. Because the response by the city
results in a considerable expenditure of city employee time and is an expense to the city both in
manpower and materials, and is a public nuisance, the city council has determined that those
causing false alarms shall be subject to fine if the number of responses exceed a certain amount
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Ordinance No.935
annually. To minimize the occurrence of false alarms, all alarm systems within the city shall be
subject to registration with the department of public safety.
9.65.040—Penalty for false alarms.
Any response by city personnel to a false alarm shall subject the persons responsible for the alarm
system at such location to a fine in accordance with the fine schedule adopted pursuant to section
9.65.080. However, a fine shall not be imposed for the response to such false alarm if there has
been no other false alarm caused by the alarm system at that location in the previous 365 days.
Fines imposed shall be subject to collection in the manner set forth in chapter 1.27 of this code,
and shall be in addition to any other remedy available to the city under the code or any other
applicable law.
9.65.050—Grace Period.
For new alarm system installations or reactivations of alarm systems that have been inactive,there
will be a thirty day grace period from the date of activation during which period responses to false
alarms will not be subject to fine under this chapter.
9.65.060—Responsibility for Alarm Systems.
Any person who has registered an alarm system for a particular property, or contracts with an
alarm company for service at that property, or is the lessee or occupant of a property and installs
or maintains the alarm system at such property, shall be held responsible for the alarm system on
such property and shall be subject to enforcement under this chapter.
9.65.070—Alarm System Registration Required.
Each active alarm system in the city shall be registered with the department of public safety on an
annual basis, not later than January 31 of each calendar year. Additionally, all new alarm system
installations and all alarm systems that are reactivated after any period of inactivity shall be
registered with the department of public safety within 30 days of activation. Registration shall
require submission of an application and payment of an initial application or renewal fee in an
amount established by resolution of the City Council. Failure to timely register an alarm system
shall subject each responsible person to a late fee in accordance with the fine and fee schedule
adopted pursuant to section 9.65.080.
9.65.080—Fine and Fee Schedule.
Fines for violation of this chapter shall be set forth in a fine and fee schedule adopted by resolution
of the City Council. The fine and fee schedule shall set forth a fine amount for each false alarm to
which city personnel and equipment respond. Failure to pay any fine or fee required pursuant to
this chapter within 30 days shall subject the responsible person to late fees, and the amount of
which shall be established in the fine and fee schedule adopted by resolution of the City Council.
Section 3. Amended. Section 15.28.020 of the Rohnert Park Municipal Code, is
hereby amended to delete the following provisions from the Fire Code, 2016 California
Building Standards Code, Title 24, Part 9, as adopted by section 15.28.020:
(1) Section 202 - Amended—False Alarm;
(2) Section 901.6.1.1 - Added - False fire alarm;
(3) Section 901.6.1.2 -Added -New alarm installations;
(4) Section 901.6.1.3 - Added - Commercial alarm responsibility;
(5) Section 901.6.1.4 - Added - Residential alarm responsibility.
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Ordinance No.935
Section 4. Environmental Review. The City Council finds and determines that this
Ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act("CEQA Guidelines")because it has
no potential for resulting in physical change in the environment, either directly or ultimately.The
City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3) of the
CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption
of this ordinance may have a significant effect on the environment.
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on May 28,2019 and adopted by the Council of the City of
Rohnert Park on June 11, 2019, by the following roll call vote:
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ABSENT: Iio ro'
ABSTAIN:
CITY QF71ZOMERT PARK
I.inalfo , Mayor
ATTE T:
Jo e M. Buergler, City Clerk
APPROVED S TO FORM:
Mic Ile Marchetta Kenyon, City Attorney
3
Ordinance No.935
AFFIDAVIT OF POSTING
Pursuant to California Government Code $ 36933 and S 40806
Pursuant to Rohneñ Patu Municipal Code 1.08.010
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 935
Summary of Ordinance lVo. 935 Amending Chapter 9.65 - Alarm Sysfems and Section
15.28.020 of the Rohnert Park Municipal Code to Regulaúe False Alarms, Require
Registration, and Impose Penalties was published on 513112019 and 06/1412019, as
required by law, and posted in five (5) public places in said City, to:
www ôro for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on513112019 and 0611412019
Summary of Ordinance lVo. 935 was published in the Community Voice on 5/31/2019 and
0611412019 as required by law.
Subscribed and sworn to before me this July 1st, 2019
SS
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Sylvia Lopez Cuevas, Assistant City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every FridaY)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OFSONOMA
City of Rohnert Park
Summary of Ordinance No. 935
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all tirnes hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in ãnã for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication ofthis notice herein mentioned; that said notice was
set in type notimaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expiessing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park Summary
of Ordinance No. 935" of which the annexed is a printed copy, was published in said newspaper at least -1 consecutive time(s),
commencing on the 3 1 day of May, 201 9 and ending on the 3 I day of May, 2019.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and coÍect.
EXECUTED this 31 day of May, 2019 at Rohnert Park, California.
Claudia Smith Chief Clerk
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CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OFSONOMA
City of Rohnert Park
SummarY of Ordinance No. 935
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a c\tizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circuliion, published in the city of Þohnert park, in said-county of sonoma, state of california; that The community VOICE is and
was at all times herein mentionéd, a newspaper oi general circulation as that term is defined by Section 6000 of the Govemment Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in ãnà for thle County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraph-ic news and inteliigence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the lnte¡est, or published for the entertainment or instruction of a particular class, profession, trade'
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denoÃinations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceãed with words printed in black face type no smaller than non-pareil, describing
and erpiessing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary
of ordinance No. 935" of which the ãnnexed is a printed copy, was published in said newspaper at least -1 consecutive time(s)'
commencing on the 1 4 day of June, 20 1 9 and ending on the 1 4 day of June, 201 9'
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 14 day of June, 2079 at Rohne¡t Park' California.
Signed
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Claudia Smith Chief Clerk
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