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HomeMy WebLinkAbout1655 - ORDINANCES - 5/19/2004 ORDINANCE NO. _- 1655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REVISING A PORTION OF CHAPTER 5.02 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO FALSE ALARM RESPONSE FEES WHEREAS, Palm Springs Municipal Code ("PSMC") Chapter 5.02, Security Alarm Systems, establishes standards and controls which are, in part, intended to reduce the number of false intrusion and robbery alarm calls responded to by the Palm Springs Police Department ("PSPD"); and WHEREAS, the City of Palm Springs ("City") incurs a financial cost each time that the PSPD responds to a burglar or robbery alarm within the City; and WHEREAS, the City Council believes that the collection of a fee from the alarm permit- holders within the City that incur an excessive number of false alarms facilitates a reduction in the number of false alarms and reduces the costs incurred by the City in connection therewith; and WHEREAS, the City Council believes that requiring alarm permits decreases the number of false alarms by alarms that have not been properly installed and/or maintained; and WHEREAS, PSMC Section 5.02.060 requires each person in control of property which has an alarm system to obtain an alarm user's permit from the City; and WHEREAS, PSMC Section 5.02.075 authorizes the City to collect a fee for each police department response to a non-permitted alarm, whether false or valid; and WHEREAS, pursuant to PSMC Section 5.02.075, a false alarm fee is not levied against a permitted alarm-holder until the third false alarm has been received from that alarm within a three hundred sixty-five (365) day period; and WHEREAS, the City Council would like to entice non-permitted alarm-owners to apply for permits by establishing a grace period after a false alarm in which a non-permitted alarm- owner may apply for a permit and avoid paying the non-permitted alarm-response fee; and WHEREAS, the City Council believes that the revisions made pursuant to this ordinance will assist the City in its endeavor to ensure that alarms are installed correctly, which will decrease the number of false burglar and robbery alarms and the City's expenses. NOW THEREFORE, it is found, determined and resolved by the City Council of the City of Palm Springs as follows: Section 1. All of the facts set forth in the above recitals are true and correct and are incorporated herein by this reference. ' Section 2. Section 5.02.075 of the Palm Springs Municipal Code is amended, in its entirety, to read as follows: 1003/010/28679 40B Ordinance 1655 Page 2 "Section 5.02.075 False alarm response fees. "(a) In addition to the other fees stated herein, a permitted alarm user may become liable to the City for the costs of the police department responding to an excessive false alarm emitted by his or her alarm system. For the purposes of this section, "excessive false alarm" means every false burglary alarm occurring after two false burglary alarms have been received from any one permitted source or from any one permitted alarm system within any consecutive three hundred sixty-five (365) day period. Responses to excessive false alarms are subject to false alarm response fees as set forth on the City of Palm Springs Alarm Application Permit, as may be amended by resolution of the City Council from time to time. No fee shall be charged for false burglary alarms occurring within thirty-days following initial installation of any new alarm, provided the system is permitted and otherwise complies with the requirements of this chapter. The fee shall be in such amount as shall be established by resolution of the City Council. A higher fee may be established for each additional false burglary alarm during any consecutive three hundred sixty-five (365) day period. Multiple false burglary alarms received in one twenty-four hour day shall be considered a single event. (b) A false robbery alarm response fee shall be paid to the City for every false robbery alarm occurring after two false robbery alarms have been ' received from any one permitted source or from any one permitted alarm system within any consecutive three hundred sixty-five (365) day period. The fee shall be in such amount as shall be established by resolution of the City Council. A higher fee may be established for each additional false robbery alarm during any consecutive three hundred sixty-five (365) day period. Multiple false robbery alarms received in one twenty-four hour day shall be considered a single event. (c)Any burglar alarm which causes more than eight false alarms, or robbery alarm which causes more than four false alarms, may be declared a nuisance, and will be subject to revocation of permit as specified in Section 5.02.080 of this chapter. False alarms responded to beyond eight for burglary and four for robbery will continue to be billed at the rate specified on the City of Palm Springs Alarm Application Permit, and the police department will no longer be required to respond to alarms at said address once the police department has sent a letter, return receipt requested, to the owner or occupant of the building advising of the cessation of such service and the police department has received the return receipt. (d) A response to a non-permitted burglar or robbery alarm, whether false or valid, shall result in a non-permitted alarm fee. If an alarm user's permit is applied for within thirty-days of the response to a non-permitted burglar or robbery alarm, the non-permitted alarm fee shall be waived. However, if an alarm user's permit is not applied for within thirty-days of the response, each additional response to a non-permitted location, ' whether false or valid, will result in a higher fee, as set forth on the City of Palm Springs Alarm Application Permit. Should a non-permitted false burglar alarm frequency reach more than eight or a non-permitted false robbery alarm reach more than four in any three hundred sixty-five (365) 000 1003/010/28679 2 �A& Ordinance 1655 Page 3 day period, the person responsible for such alarm location shall be ' notified by certified mail that the police department will no longer respond to alarms at that location. (e)All fees established and/or levied by this section shall be paid to the City within thirty-days (30)from the date of the invoice by the holder of the alarm user's permit or the owner of the premises upon which the alarm system is located if no permit has been issued for the alarm system. (f)All unpaid fees shall accrue interest at five percent (5%)." Section 3. PUBLICATION The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this ordinance, and shall cause the same to be posted and published in the manner and the time required by law. ADOPTED this 19th day of May, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden NOES: None ABSENT: None AT CITY O71 SPRIN S CALIFORNIA City Clerk Mayor ' REVIEWED & APPROVED I HEREBY CERTIFY THAT THE FOREGOING Ordinance 1655 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 19th day of May, 2004, and that same was published in Public Record, a newspaper of general circulation on May 18, 2004 and May 25, 2004. PATRICIA A. SANDERS City Clerk 1