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ORDINANCE 1640ORDINANCE NO. 1640 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE 13 TO ADD A NEW CHAPTER 22 TO ENABLE CITY COST RECOVERY FOR EXCESSIVE FALSE FIRE ALARMS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. El Segundo Municipal Code ("ESMC") Title 13 (Building Regulations) is amended to add Chapter 22 (False Fire Alarms) to read as follows: "CHAPTER 22 FALSE FIRE ALARMS 13-22-1 Purpose. This chapter is adopted in accordance with California Constitution article XI, § 7 to protect public health, safety, and well-being by reducing the waste of City Fire Department resources in responding to excess false fire alarms and establishing a mechanism for reasonable City cost recovery to safeguard City resources. Pursuant to California Constitution article XIIIC, § 1(e)(3), the fees authorized in this chapter do not constitute a "tax" as they concern City regulation enforcement and investigation performance associated with a regulatory program. 13-22-2 Definitions. For purposes of this chapter: A. "Alarm" means the giving, signaling, or transmission to the Department, or any Department employee or designee, whether by telephone, e-mail, or other medium, information to the effect that a fire or emergency situation exists at or near the place indicated by the person giving, signaling, or transmitting such information. B. "Automatic fire sprinkler system" means an integrated system of underground and overhead piping designed in accordance with fire protection standards that is activated by hear from fire, or other similar mechanism, and discharges water over the fire area. C. "Chief' means the El Segundo Fire Department Chief. D. "Department" means the El Segundo Fire Department. E. "False alarm" means an alarm requiring Department response where a fire or emergency situation does not exist. Page 1 of 5 City of El Segundo Ordinance No. 1640 Page 2 of 5 F. "Fire alarm system" means a system designed to detect and announce the presence of fire or fire byproducts. G. "Notice" means written notice, given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified. at the last known address. Service of such notice will be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service. H. "Person" means any company, firm, partnership, limited liability company, joint venture, unincorporated organization, corporation, corporation, government agency, or natural person. 13-22-4 Alarm Registration. Any person that owns or operates a business in the City must notify the Department of any installation of any automatic fire sprinkler system or fire alarm system. Such notice must be in writing, delivered to the City within 10 days of installation, and include the following information: name, address, and telephone number of the associated alarm business or its agent and the name, address, and telephone number of the best contact person for the business. 13-22-4 Alarm Testing. A person must notify the Department at least 24 hours prior to any service, test, repair, maintenance, adjustment, alterations, or installations of an automatic fire sprinkler system or fire alarm system that may activate a false alarm. Any alarm activated where such prior notice has not been duly given to the Department will constitute a false alarm for this chapter's purposes. 13-22-5 Fees Imposed. The owner or lessee of any premises containing an automatic fire sprinkler system or fire alarm system will be assessed a fee under this chapter for each false alarm more than two, occurring within any calendar year. 13-22-6 City Council Sets Fees. The City Council will, by resolution, establish the amount of all fees imposed under this chapter. 13-22-7 Fee Collection. It is the Department's duty to collect fees pursuant to this chapter." City of Ell Segundo Ordinance No. 1640 Page 3 of 5 SECTION 2. Environmental Review. This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). Based upon that review, this Ordinance is exempt from further review pursuant to CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. SECTION 3. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 4. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5. Enforceability. Repeal or amendment of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 7. Recording. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the city of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 8. Execution. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or duly appointed deputy, is directed to attest thereto. SECTION 9. Effectiveness. This Ordinance will take effect on the 30th day following its final passage and adoption. It may be enforced commencing on January 1, 2023. City of Ell Segundo Ordinance No. 1640 Page 4 of 5 ORDINANCE NO. 1640 HAD ITS FIRST READING ON OCTOBER 4, 2022 ITS SECOND READING ON OCTOBER 18, 2022 AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE. CITY OF EL SEGUNDO AT ITS REGULAR MEETING OF OCTOBER 18, 2022 AI �LGI�MMu uxMl. ATTEST: City Clerk Tracy'W"eav y APPROVED AS TO FORM: Mark D. Hensley, City Attorney City of El Segundo Ordinance No. 1640 Page 5 of 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1640 was duly introduced by said City Council at a regular meeting held on the 4th day of October, 2022, and was duly passed, and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 18t" day of October, 2022, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of October, 2022. Cfticv Weaver, City Clerk of the City of El Segundo, California