HomeMy WebLinkAboutORD NO 4695ORDINANCE NO. 4695
ORDINANCE AMENDING SECTION 5.08.190 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO VIOLATION
OF ALARM REGULATIONS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 5.08.190 of the Bakersfield Municipal Code is hereby amended to
read as follows:
5.08.190 Violation of chapter.
A. Failure to adhere to the duties of an alarm installation company
and /or monitoring company or alarm user in this chapter shall be a civil offense
and such violators may be subject to the civil remedies available to the city of
Bakersfield, such as fines, restitution and abatement measures. Each responsible
person found in violation of this section will be individually subject to the civil
money penalty of one hundred five dollars per violation unless specifically
provided otherwise. The city attorney and the Bakersfield police department
may exercise any enforcement powers provided by law in executing this
section.
B. Upon every false alarm, the city may assess a service fee in
accordance with Chapter 3.70 of this code. Additionally, upon every false alarm
and each subsequent false alarm within any twelvemonth period, every alarm
user will be individually subject to the civil money penalty of: one hundred five
dollars per second false alarm, which may be waived by the chief of police
upon satisfactory completion of a designated alarm school as determined by
the chief of police; one hundred five dollars per third false alarm; two hundred
ten dollars per fourth false alarm; and three hundred fifteen dollars per fifth false
alarm. The city attorney and the Bakersfield police department may exercise
any enforcement powers provided by law in executing this section.
C. Any person violating any of the provisions of this chapter may also
be cited for a misdemeanor; except that notwithstanding any other provision of
this code, any such violation constituting a misdemeanor under this chapter
may, in the discretion of the city attorney, be charged and prosecuted as an
infraction. Any infraction prosecuted under the provisions of this chapter shall be
punishable by a fine not to exceed five hundred dollars.
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D. The conviction or punishment of any person for violation of the
provisions of this chapter or for failing to secure a permit as required by this
chapter shall not relieve such person from paying the permit and service fees or
civil remedies due and unpaid at the time of such conviction, nor shall payment
of any permit fee, service fee or civil remedy prevent criminal prosecution for
violation of any of the provisions of this chapter.
E. All remedies shall be cumulative, and the use of one or more
remedies by the city shall not bar the use of any other remedy for the purpose of
enforcing the provisions of this chapter. The amount of any permit, service fee,
or civil remedy shall be deemed a debt to the city. An action may be
commenced in the name of the city in any court of competent jurisdiction to
recover any delinquent amount owed. All fees shall be deemed delinquent
thirty days after they are due and payable.
F. The sections, subsections, paragraphs, sentences, clauses and
phrases of this chapter are intended to be severable. If any section, subsection,
paragraph, sentence, clause or phrase of this chapter is declared
unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining
sections, subsections, paragraphs, sentences, clauses or phrases of this chapter.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
Nov 2 8 2012 by the following vote:
< COUNCILMEMBER: SA LAS, BENHAM, WEIR, HANSON, JOHNSON
NOES: COUNCILMEMBER: nf-r YLs_
ABSTAIN: COUNCILMEMBER:
ABSEN D COUNCILMEMBER: rl XC�-\ c.. y Cum
ROBERTA GAFFORD, CJIJC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: NOV 2 8 2012
HARVEY L. HALL
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto ey
1
By:
ANDREW HEGLUI D
Deputy City Attorney
AH:Isc
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 3rd day of December, 2012 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4695, passed by the
Bakersfield City Council at a meeting held on the 28t "day of November, 2012 and
entitled:
ORDINANCE AMENDING SECTION 5.08.190 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO VIOLATION OF ALARM
REGULATIONS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
Clerk
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