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 twelve-month 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.

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. (Ord. 4695 § 1, 2012; Ord. 4649 § 1, 2011)