HomeMy WebLinkAboutAGENDA REPORT 2004 1201 CC REG ITEM 09FITEM Cl- F
CALIFORNIA CITY OF MOORPARK,
City Council Meeting
of
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Cynthia L. Borchard, Administrative Services Director
DATE: November 17, 2004 (CC Meeting of 12/01/04)
SUBJECT: Consider an Ordinance Amending Section 8.28.050 of
Chapter 8.28 of Title 8 of the Municipal Code
Providing for False Alarm Response Fees to be
Established by Resolution of the City Council
BACKGROUND /DISCUSSION
Ordinance No. 161 regulating the use of alarm systems within the
City was adopted by City Council on March 17, 1992. Section
8.28.050 of the Ordinance established fees and penalties for
false alarm responses provided by the Police Department. The
proposed amendment to this section will establish that said fees
shall be set by Resolution of the City Council.
The attached Ordinance has been reviewed by the City Attorney.
The current fees are addressed in Resolution No. 98 -1491 which
will be updated pursuant to the Ordinance.
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading.
Attachment: Ordinance No.
1)000G3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING SECTION
8.28.050 OF CHAPTER 8.28 OF TITLE 8 OF THE
MOORPARK MUNICIPAL CODE, PROVIDING FOR FALSE
ALARM RESPONSE FEES TO BE ESTABLISHED BY
RESOLUTION OF THE CITY COUNCIL
WHEREAS, per Ordinance No. 161, the City has
established provisions for alarm subscribers and agents for
the use of alarm systems within the City; and
WHEREAS, fees and penalties have been established per
said Ordinance which need to be amended;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 8.28.050 of the Moorpark
Municipal Code is hereby amended in its entirety to read as
follows:
Section 8.28.050 Enforcement — Violations and penalties.
A. Violation. Any violation of any provision of this
chapter shall be punishable as a misdemeanor pursuant to
Section 1.12.010 of this code.
B. Fees. Fees for false alarm responses shall be set
by resolution of the City Council. Fees shall be paid to
the City by each alarm subscriber for false alarm responses
by the police department, consistent with the fee schedule
adopted by Council resolution. The Administrative Services
Director shall cause to be issued a bill for the unpaid fees
accrued. Such bill shall be due and payable within thirty
(30) days after the billing date.
C. Late Penalty. A penalty of ten percent (10 %)
shall be added to any fee imposed pursuant to this chapter
in the event the fee is not paid in the time and manner set
forth in subsection B above.
D. Fees and Penalties Are Civil Debt. The amount of
any fee and late penalty assessed pursuant to this chapter
shall be deemed a debt to the City and an action may be
commenced in the name of the City in any court of competent
jurisdiction in the amount of the delinquent debt. Payment
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Ordinance No.
Page 2 of 2
of any fee shall not prohibit criminal prosecution for the
violation of any other provisions of this chapter.
SECTION 2. If any section, subsection, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court
of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause,
phrase, part or portion thereof, irrespective of the fact
that any one or more section, subsections, sentences,
clauses, phrases, parts or portions be declared invalid or
unconstitutional.
SECTION 3. This Ordinance shall become effective
thirty (30) days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the
passage and adoption of this ordinance; shall enter the same
in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records
of the proceedings of the City Council at which the same is
passed and adopted; and shall, within fifteen (15) days
after the passage and adoption thereof, cause the same to be
published once in the Moorpark Star a newspaper of general
circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED THIS day of
2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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