ORDINANCE 1200ORDINANCE NO. 1200
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL
CODE BY ADDING THERETO A NEW CHAPTER 9.58
PERTAINING TO MOTOR VEHICLE ALARMS
The E1 Segundo City Council does ordain as follows:
SECTION ONE: This Council hereby finds and determines that:
(a) Due to the substantial increase in the number of motor
vehicle alarms used within the City that the false alarms
emitted by such alarms have reached an unacceptably high
number; and,
(b) Such false alarms necessitate a response by the E1
Segundo Police Department when an emergency situation
does not exist, thereby unnecessarily utilizing police
resources; and,
(c) Such false alarms also disturb neighboring residents and
business owners and operators, whose residences and
businesses are located near the motor vehicle emitting
the false alarm; and,
(d) Such false alarms have resulted in undue economic
hardship due to a loss of rental income; and,
(e) Such false alarms constitute a public nuisance.
SECTION TWO: The El Segundo Municipal Code is hereby amended
by adding thereto Chapter 9.58 to read as follows:
TITLE IX
(Title)
CHAPTER 9.58
MOTOR VEHICLE ALARMS
Section 9.58.010 DEFINITIONS
For the purpose of this chapter, the following definitions
shall be applied to the terms utilized in this chapter unless it
appears from the context that a different meaning is intended:
(a) "Emergency situation" means any situation where life or
property is in physical jeopardy.
(b) "False alarm" means an alarm signal emitting from a motor
vehicle necessitating a response by the police department
where an emergency situation does not exist.
(c) "Motor vehicle" or "vehicle" means a vehicle which is
self - propelled as defined in California Vehicle Code
Section 415.
Section 9.58.020 TIME RESTRICTION
A. It is unlawful for any person to cause, allow or permit
any alarm located in a motor vehicle registered in the
name of or driven by such person to emit any audible
sound within the city for a period of more than five
minutes.
B. The time shall be calculated based upon the emission of
the first audible sound ending five minutes thereafter
notwithstanding any variation or delay in the emissions
of audible sound.
Section 9.58.030 ENFORCEMENT OF FALSE ALARMS
Any vehicle parked in a public right of way, parking lot,
parking structure, or other public property is subject to
enforcement under this ordinance. In addition, any vehicle parked
on private property may be cited hereunder where the false alarm is
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 1200 is a full, true correct original
of ORDINANCE NO. 1200 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL
CODE BY ADDING THERETO A NEW CHAPTER 9.58 PERTAINING TO
MOTOR VEHICLE ALARMS.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor or said City, and attested by the City Clerk of said City, all at a regular
meeting of the said Council held on the 20TH DAY OF JULY 1993, and the same was
so passed and adopted by the following vote:
AYES: Mayor Jacobson, Mayor ProTem Wise, and
Councilman West AND Councilman Switz.
NOES: None.
ABSENT: None
ABSTAINED: Councilman Robbins.
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1200,
as duly and regularly published according to law and the order of the City Council of
said City of El Segundo Herald, a weekly newspaper of general circulation, printed,
published and circulated within said City and that the same was so published therein.
�--- dI-N -DY MO PA_SEN
City Clerk of the
City of El Segundo,
California
(SEAL)
clearly audible on the public thoroughfare or nearby private
properties. Any owner of private property upon which a vehicle
emitting a false alarm is parked may summon City enforcement
authorities for the purpose of citing the offending vehicle.
Section 9.58.040 EXCESSIVE FALSE ALARMS
It shall be unlawful for any person to cause, allow or permit
an alarm to be emitted from a motor vehicle registered in the name
of or driven by such person. Any violation of this chapter shall
be an infraction. The first such violation shall be punishable by
a fine of not more than fifty dollars ($50.00). The second
infraction occurring within one year of the first violation shall
be punishable by a fine not exceeding one hundred dollars
($100.00). Every violation occurring after the second violation
within one year of the first violation shall be punishable by a
fine not to exceed two hundred and fifty dollars ($250.00).
Section 9.58.050 NUISANCE
Any violation of this chapter is declared a public nuisance
which is subject to abatement pursuant to the procedures described
in this chapter and is authorized by law.
Section 9.58.060 ABATEMENT
A. The police department in order to abate the public
nuisance created by a vehicle in violation of this
chapter may undertake such procedures as are reasonably
necessary to deactivate the alarm.
B. Should the police department be unable to deactivate the
alarm, the vehicle shall be removed in accordance with
the provisions of California Vehicle Code Section
22651.5.
SECTION THREE: If any section, subsection, sentence, clause,
phrase or word of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The E1 Segundo City Council
hereby declares that it would have passed this ordinance and each
and every section, subsection, sentence, clause, phrase or word not
declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be declared subsequently invalid or
unconstitutional.
SECTION FOUR: The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in
the book of original ordinances of said City; shall make a minute
of the passage and adoption thereof in the records of the meeting
at which the same is passed and adopted; and shall within fifteen
days after the passage and adoption thereof, cause the same to be
published once in the E1 Segundo Herald, a weekly newspaper of
general circulation, published and circulated within said City of
E1 Segundo and which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED THIS 3rd_---RAY OF/ August , 1993.
Carl JacobsoiY, Mayor
of the Cit)'of E1 Segundo,
California
ATTEST
i
Ciro y Mort e ,
City Clerk (SEAL)
APPROVED AS TO FORM:
r i
Leland C. Dolley'rJ
City Attorney