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HomeMy WebLinkAbout1997-09-09 - AGENDA REPORTS - FALSE ALARM PGM (2)AGENDA REPORT City Manager Approval Item to be presented by: Ken Striplin NEW BUSINESS DATE: September 9, 1997 SUBJECT: FALSE ALARM PROGRAM ORDINANCE NO. 97-15 DEPARTMENT: Administrative Services BACKGROUND In June of 1996, the City Council adopted the MSI fee study. Within the MSI study were a number of areas which showed that the City was providing several user specific services with no cost recovery fees in place. One of those services was responding to false burglary and robbery alarms at businesses and homes. The MSI study showed that the Sheriffs Department respondedto approximately 5,500 false alarms a year, at an annual cost of approximately $590,000. The City Council directed staff to pursue a false alarm program proposal for their review. Per the Council's request, staff has researched false alarms and developed a program to address this problem. Through this process staff has: • Surveyed other cities • Developed a preliminary program • Conducted several public participation meetings Survey of Other Cities Staff contacted numerous cities regarding their false alarm programs. The majority of the 39 contract cities have a false alarm program in place. The following shows what other false alarm programs look like for comparable cities: Palmdale/Lancaster 4th false alarm $100.00 Thousand Oaks 3rd false alarm $55.00 4th false alarm $110.00 5th false alarm $150.00 West Hollywood Burbank 3rd false alarm 3rd false alarm $120.00 $50.00 Each program is based on a twelve-month time period. - , en n o 1 qpa ..U�D Q Simi Valley 6th false alarm $72.50 ORDINANCE NO. 97-15 September 9, 1997 - Page 2 Proposed False Alarm Program The purpose of a false alarm program is threefold, to encourage the proper maintenance of alarm systems, reduce the number of false alarms, and to allow deputies to better utilize their time and focus on other calls. With these goals in mind, the following program is being proposed. The Sheriff will respond to alarm calls, as they are dispatched through the Sheriffs Department. After an investigation and determining that no crime has taken place, the deputy will leave notice at the residence or business. The deputy will also forward a copy to the City. The City will send out a card requesting information from the alarm user, such as name, address, telephone number, etc. The City will also send out an informational brochure explaining the False Alarm Ordinance and its requirements. If a second false alarm occurs, the Sheriff will again leave notice with the alarm user and forward a copy to the City. The City will send notice to the alarm user reminding them of the program and that subsequent false alarms will be billed to them at a rate of $107.00. If an alarm user receives a third false alarm, they will be sent an invoice for $107.00, payable within 30 days. The program will be based on a calendar year beginning January 1. The MSI study determined the cost of responding to false alarms to be $107.00 per occurrence. This includes all costs associated with responding, such as, dispatching the alarm call, responding, investigation, overhead, and personnel time. Public Participation Staff held a community meeting; gave a presentation to the Chamber of Commerce and the Sheriffs Communitv Advisory Committee; contacted alarm companies within the City; and contacted the school districts. Overall, the participants expressed support of the program; however, some recommendations were made. These recommendations include reducing the recovery rate, changing the length of time from twelve months to six, and finally, increasing the number of free false alarms allowed in a year to three as opposed to two. The real benefit of this program is the reallocation of resources. This program is projected to reallocate 825 hours of the Sheriffs time to other services needs. It is estimated the City will actually collect on approximately 10 percent of the total number of false alarms, even though we believe this program will encourage proper maintenance and reduce overall false alarms by as much as 15 percent. The cost of the program includes an account clerk to administer the program and all necessary equipment and supplies. The program is anticipated to cover all costs of administration. ORDINANCE NO. 97-15 September 9, 1997 - Page 3 Pros and Cons of a False Alarm Program: Pros Allows the Sheriffs to spend more time on other needed services Encourages the proper maintenance of alarm systems Creates a process to recover costs associated with excessive false alarm occurrences May reduce response times for other service calls Cons May cost residents and business owners money Cost of administering the program Citizens may not like paying for a service they perceive themselves as already paying RECOMMENDATION City Council waive further reading, introduce Ordinance No. 97-15, and pass for second reading. SS:KS:hds mwd1\urd97-15.ke NO. 97-15 AN ORDINANCE OF THE CITY OF SANTA CLARITA RELATING TO ALARM SYSTEMS AND AMENDING CHAPTER 11.05 OF THE SANTA CLARITA.MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES FIND AS FOLLOWS: SECTION 1. FINDINGS AND INTENT. WHEREAS, the purpose of this Ordinance is.to regulate the use and maintenance of specific alarm systems ("Systems") within the City; and, WHEREAS, it is necessary to provide authority to impose fees relating to the use and maintenance of these Systems; and WHEREAS, this Ordinance provides for penalties for violations of the regulations contained herein. NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 2. Chapter 11.05 ("Burglar and Robbery Alarms") of Title 11 ("Public Peace and Welfare") of the Santa Clarita Municipal Code is hereby amended to read as follows: "11.05.030. Definitions. As used in this chapter, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended. A. "Alarm Owner" means the person who owns, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system. B. "Alarm System" means any device, whether known as a burglary, robbery, or intrusion alarm, direct -dial telephone device, audible or silent alarm, or by any other name, which is used for the detection of any unauthorized entry into a building, structure or facility, or to signal the commission of an unlawful act. It shall include those devices which emit a signal within the protected premises where located, and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition. Alarms affixed to automobiles are not governed by this Ordinance. C. "Audible Alarm" means a device designed to notify persons in the immediate vicinity of a protected premises, by LAX2:168618.1 emission of an audible sound, of an unauthorized entry on the premises or of the commission of an unlawful act. D. "Direct -Dial Device" means a device which is connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response. E. "False Alarm" means an alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designated to detect and/or report; and which results in a requested and/or actual response by police. False alarms include, but are not limited.to, the activation of an alarm system because of mechanical failure, preventable accident, improper operation, misuse, malfunction, improper installation, or negligence or carelessness of the alarm user. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. 11.05.040. Audible Alarms -- Identification of Owner Qperation. For every audible alarm, the alarm owner thereof shall post the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its operation or the audible alarm shall automatically reset within 30 minutes of its being activated. No audible alarm may, when activated, emit a sound similar to the siren of authorized vehicles as defined in Section 165 of the California Vehicle code. The principal alarm user shall ensure that all alarm users are instructed in the proper use of the alarm system and are aware of the provisions of this Ordinance. 11.05.050. Direct Dial Telephone Device Prohibited when. No person or other entity, except the City, shall use any alarm system which is equipped with a direct -dial device, and which when activated,.automatically dials any telephone number in any office of the Sheriff or other law enforcement entity. 11.05.060. False Alarm -- Prohibited -- Exception. A. A person shall not knowingly cause a false alarm to occur. This section does not prohibit a test of an alarm system as permitted in advance by the Sheriff. B. Violation of this section is a misdemeanor. 11.05.070. False Alarm -- Owner Responsibility. After any false alarm, the alarm owner shall, upon request by the Sheriff, submit a written report to the Sheriff describing actions taken LAX2:188618.1 -2- or to be taken to eliminate the cause of the false alarm. This report shall be submitted with ten (10) days of the date of request by the Sheriff. 11.05.080. Maintaining a Public Nuisance Alarm. An alarm owner shall not operate an alarm system which generates more than two (2) false alarms in any twelve (12) month period. 11.05.090. Exemptions from Applicability. The provisions of Sections 11.05.040 through 11.050.080 are not applicable to audible alarms for motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California Public Utilities Commission. 11.05.100. Misuse of Alarm System. Use of an alarm system in the absence of an actual emergency situation, which results in the response of the Sheriff; or use of an alarm system rather than a telephone to summon the Sheriff in any situation where such telephone use would not create an immediate threat to the safety of the caller or other persons; or use of an alarm system to summon police to incidents of shoplifting, petty theft, disturbances, prowlers, suspicious circumstances or to any incident where all suspects are believed to have left the scene, is a false alarm and a misuse of the alarm system. 11.05.110. Violation -- Corrective Action -- Nuisance Alarms -- Prosecution. Violation of this chapter maybe prosecuted in the same manner as any other infraction. However, upon the first and second false alarm in a calendar year beginning January 1, the Sheriffs will fill out a form (in triplicate) one to the alarm owner, one to the City, and one to remain on file with the Sheriff's Department indicating the property location, date of false alarm, andother information necessary to track false alarms. The City will retain copies and track all subsequent false alarms for that alarm user. 11.05.120. Appeal Process. The City shall establish an appeal process and every person receiving monetary charges for false alarm responses may file an appeal. A written appeal must be submitted to the Sheriff's Department. The appeal will be made to the City Manager or his designee. Decisions of the City Manager or his designee are final. 11.05.130. Break-in Period. The City may establish a procedure which permits a "break-in" period for new alarm systems. False alarms generated during the break-in period will not be charged against the alarm user, provided the following conditions are met: LA 2:188618.1 -3- (1) the City shall be notified in advance, in writing, of the date on which the alarm system will be placed in operation; and, (2) the alarm user and alarm company are actively involved in identifying and correcting actual and potential causes of false alarms. The break-in period for each new alarm system shall commence on the date indicated in the written notification to the City, and shall not exceed thirty (30) consecutive calendar days and shall not be extended. 11.05.140.. Fees, A service charge in an amount established by the City Council by resolution shall be levied for each police response to an alarm determined to be false, after the first two or after expiration of a break-in period, if any. The Department of Administrative Services shall invoice and collect these service charges in the same manner as other debts owed to the City. 11.05.160. Comvliance Reauired. Any alarm installed prior to the effective date of this Ordinance shall comply with all provisions of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. PASSED AND APPROVED this day of 1997. MAYOR ATTEST: CITY CLERK LAX2:1ee61e.1 —4— STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ) I, , City Clerk of the City of do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19_. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19_, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: APPROVED: CITY ATTORNEY LAs2:189619.1 MM CITY CLERK 4 CITY OF SANTA CLARITA AGENDA TITLES (Due Wednesday Noon) AGENDA DATE: September 9, 1997 NEW BUSINESS AGENDA TITLE: Proposed False Alarm Program 17�1910111(0)►f►I�M0 430- I ORDINANCE NUMBER: 97-15 DESCRIPTION OF ITEM: In June of 1996, the City Council adopted the MSI fee study. Within the MSI study were a number of areas which showed that the City was providing several user specific services with no cost recovery fees in place. One of those services was responding to false burglary and robbery alarms at businesses and homes. The MSI study showed that the Sheriff's Department responded to approximately 5,500 false alarms a year, at an annual cost of approximately $590,000. The City Council directed staff to pursue a false alarm program proposal for their review. RECOMMENDED ACTION: City Council waive further reading, introduce Ordinance 97-15, and pass to second reading. DEPARTMENT HEAD SIGNATURE: Submitted by: Ken Striplin PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on September 9,1997, the City Council of the City of Santa Clarita introduced Ordinance 97-15 entitled: AN ORDINANCE OF THE CITY COUNCIL OF SANTA CLARITA, CALIFORNIA, RELATING TO ALARM SYSTEMS AND AMENDING CHAPTER 11.05 OF THE SANTA CLARITA MUNICIPAL CODE This ordinance would regulate the use and maintenance of specific alarm systems within the City. A certified copy of the complete text of the ordinance is posted and may be read in the City Clerk's Office, 23920 Valencia Boulevard, Suite 301, Santa Clarita, and/or a copy may be obtained from that office. Dated this 11th day of September, 1997. Sharon L. Dawson, CMC, City Clerk City of Santa Clarita STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF SANTA CLARITA ) Sharon L. Dawson, being first duly sworn, deposes and says that she is the duly appointed and qualified City Clerk of the City of Santa Clarita and that by Thursday, September 11, 1997, she caused a certified copy of the subject ordinance to be posted and made available for public review in the City Clerk's office and a copy of the ordinance summary to be published as required by law. A 9jQ, Sharon L. Dawson, CMC, City Clerk City of Santa Clarita