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HomeMy WebLinkAbout1997-10-15 - AGENDA REPORTS - FALSE ALARM PGM (2)CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval 1 Item to be presented bl' Ken Strialin PUBLIC HEARING DATE: October 15, 1997 SUBJECT: FALSE ALARM PROGRAM ORDINANCE NO. 97-15 RESOLUTION NO. 97-107 DEPARTMENT: Administrative Services 1) City Council adopt Ordinance 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. 2) City Council adopt Resolution No. 97-107, A Resolution of the City Council of the City of Santa Clarita, California Amending the Schedule of Fees and Charges for City Services Resolution by Adding Provisions For False Alarm Fees. At the September 9, 1997 City Council meeting, Council heard first reading, waived further reading, and passed Ordinance No. 97-15 to second reading. This item is now being brought back before Council for adoption. In addition to the Ordinance, a fee resolution is attached for approval. Resolution No. 97-107 authorizes the City Council to enact a $107.00 fee for three or more false alarms in a calendar year beginning January 1, 1998. The Council also expressed interest in the Fire Department's policy regarding false alarms and what program, if any, they have in place to address this issue. According to Captain Phil Cocker of the Codes and Ordinances section, Los Angeles County Fire Department, the Department does not currently have a policy or cost recovery program for false alarms, and there are no plans to create one at this time. 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. The MSI study showed that the Sheriffs Department responded to approximately 5,500 false alarms a year, at an annual cost of approximately $590,000. This program is anticipated to recover approximately $59,000 or 10 percent of the cost of responding to false alarms. Adopted: Agenda t 1 ORDINANCE NO. 97-15 October 15, 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. 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. IVDIi.1UN9--WW.T"9to) ►1 No alternative actions were identified for this item. FISCAL IMPACT The program is anticipated to generate approximately $59,000 and incur expenses in the same amount. As part of the mid -year budget process, staff will establish revenue and expenditure accounts for this program ATTACHMENTS Ordinance No. 97-15 Resolution No. 97-107 KS:hds eo=d1%ord97-35.kn CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING FALSE ALARM FEES. FEES WILL BE ASSESSED TO ALL RESIDENTIAL AND BUSINESS ALARM OWNERS WHO HAVE MORE THAN TWO FALSE ALARMS IN A CALENDAR YEAR BEGINNING JANUARY 1, 1998 WITHIN THE CITY OF SANTA CLARITA. PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita regarding a False Alarm fees. Fees will be assessed to all residential and business alarm owners who have more than two false alarms in a calendar year beginning January 1, 1998 within the City of Santa Clarita. The hearing will be held by the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, the 15th day of October, 1997, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita. If you wish to challenge this order in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence dedlivered to the City Council, at or prior to the public hearing. Dated: Septemeber 25, 1997 Publish Date: September 29, 1997 Sharon L. Dawson, CMC City Clerk Pubntc. CITY OF SANTA CLARITA RESOLUTION NO. 97-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES RESOLUTION BY ADDING PROVISIONS FOR FALSE ALARM FEES WHEREAS, the City Council on July 9, 1996 adopted Resolution No. 96-82 establishing a comprehensive system of fees charged by the City; and WHEREAS, the City Council has adopted Ordinance 97-15 ("Ordinance"), relating to false alarms: and, WHEREAS, Section 11.05 of the Santa Clarita Municipal Code authorizes the City Council to set by resolution fees relating to false alarms; and, WHEREAS, the City Council conducted a duly noticed public hearing regarding the proposed false alarm fees established by this resolution, at which oral and written presentations were invited, as part of a regularly scheduled meeting. The City Council has duly considered all oral and written testimony prior to the adoption of the fees set forth herein; and WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the adoption of the proposed fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve as follows: SECTION 1: Resolution No. 96-82, being the Schedule of Fees and Charges for City Services Resolution adopted on July 9, 1996 by the City Council, is hereby amended by adding under Public Safety, False Alarm Response fees in the amount of $107.00. SECTION 2: The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this day of 19 ATTEST: CITY CLERK RESOLUTION NO. 97-107 October 15, 1997 - Page 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of '19— by 19_by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK KS:hds coon© ..97107.6 ORDINANCE 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: 1111.05.030. 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 LA%2:188618.1 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 Overation. 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 LA%2:188618.1 -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 may be 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, and other 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: w2:1e8618.1 -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. Compliance Required. 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 F.VWMV FS CITY CLERK 6A 82:188618.1 -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: CITY CLERK APPROVED: CITY ATTORNEY LAX2:188618.1 - 6 -