HomeMy WebLinkAbout11/2/2005 - STAFF REPORTS (2) Ordinance No.
Page 5
Ordinance No.
Exhibit A
(livil Penalties Imposed Relating to Public Safety Response to False Alarms.
1' False Alarm in 2" False Alarm in 3 False Alarm in 4 False Alarm in 5 or A-more False Alarm
365 day period 365 Day period 365 Day period 365 Day per!od in 365 Day period
Permitted Alarm No charr e $100.00 $150.00 $200.00 $200.00
Non Permitted Alarm $100.00 $150.00 $200.00 $200.00 $200.00
Fire Alarms
(Full Response) Free $240.00 $240.00 $240.00 $240,00
Emergency Medical
Alarms(Single Unit) Free Free Free Free Free
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lq</FORN�P CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 2, 2005 PUBLIC HEARING
SUBJECT: PROPOSED ORDINANCE MODIFYING REGULATIONS FOR THE USE OF
ALARMS AND ALARM SYSTEMS
FROM: David H. Ready, City Manager
BY: Police Department and Fire Department
SUMMARY
The City Council will consider an Ordinance that reduces the number of false alarms allowed
in a 365 day period from two to one, before a false alarm civil penalty is charged. The
Council will also consider adding fire and emergency medical responses to the Ordinance. It
is recommended that the false alarm civil penalties be adjusted to recapture City costs for
providing the response services and to induce the reduction in the number of false alarm
responses by public safety personnel.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only.
<?. Introduce on first reading Ordinance No. AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 5.02.005,
SUBSECTIONS (3), (5), (6), AND (7) OF SECTION 5.02.010, SECTION 5.02.020,
SECTION 5.02.045, SUBSECTIONS (a) and (b) OF SECTION 5.02.075, AND
SUBSECTION (a)(2) OF SECTION 5.02.080 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO FALSE ALARM RESPONSE CIVIL
PENALTIES."
STAFF ANALYSIS:
In 2004, police officers responded to 5,298 alarm calls. During these alarm calls, a total of 4
arrests were made and 31 reports were taken.
In 99.5% of these calls, it was determined that it was a false alarm.
The average alarm call consumed 23 1/2 minutes of an officer's time. Two officers usually
respond to an alarm call, so the total time for the two officers is 47 minutes per alarm call.
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City Council Staff Report
November 2, 2005 -- Page 2
False Alarm Ordinance
This includes response time, time checking the location, and the time clearing the call. If a K-
9 officer is available, they will respond to the call alone.
The: fire department sends a full first alarm assignment consisting of 2 engines, 2 trucks, and
a battalion chief to all fire alarms. A single engine responds to emergency medical alarm
incidents. Committing these resources to false alarm calls causes unnecessary risk to the
community and takes away emergency response personnel from true emergencies.
The response to these false alarms consumes a tremendous amount of a public safety
officer's time that could be used in providing other services to the community.
Below is a chart of Police and Fire Department false alarms from 2002 to 2004:
Year # Police # Fire
Jan — Dec. I False Alarms False Alarms
2002 6,003 535
2003 5,709 617
2004 5,298 578
Total 17,010 1730
The modification of this ordinance reduces the number of false alarm responses at no charge
to the owner from two to one during a 365 day period, and provides for the Fire Department
to implement the same false alarm civil penalty structure for fire responses.
Below are listed provisions in the current ordinance that will continue to apply to false alarm
charges:
1. If a non-permitted alarm owner obtains a city permit within 30 days of
receiving their first billing statement from the city for false alarms, the civil
penalty will be waived.
2. Multiple alarm activations within a 24 hour period will be calculated as one
false alarm activation.
The modifications proposed in this ordinance and the department's public information
campaign should inform and motivate alarm owners to closely monitor their alarm systems
and take the proper actions to avoid false alarms. Alarm system owners who want to avoid
the false alarm civil penalties will need to obtain their annual permit, monitor their alarm
systems closely and work cooperatively with their alarm companies.
Residents can take the actions to prevent false alarms:
1. Always maintain their alarm system to operate properly.
2. Conduct annual alarm functioning checks with the alarm company.
City Council Staff Report
November 2, 2005--Page 3
False Alarm Ordinance
3. Direct the alarm company to contact the resident or other responsible party on alarm
activations prior to notifying the police.
4. Adjust the sensitivity of the alarm sensors to avoid false activations.
5. Provide guests with the proper alarm codes
Upon City Council approval of these changes, and prior to implementation, staff will
undertake a public information campaign including public service announcements and a letter
to all alarm permit holders.
Additionally, this information will be disseminated through the Office of Neighborhood
Involvement process.
FISCAL IMPACT:
In 2004 (calendar year) the police department collected $100,033.37 for alarm permit
charges. During the same year the police department collected $168,464.01 in false alarm
charges. It is estimated that with the implementation of these modifications to the alarm
ordlinance the annual false alarm civil penalties will decrease due to fewer police responses
to false alarms.
From 2003 to 2004 the police department experienced a decrease of 411 false alarms.
The time that is saved by not responding to false alarms will allow the officers additional time
to respond to other calls and will reduce the department 'overall' response time to calls for
service.
The current schedule for false alarms is listed below:
I't False Alarm in 2 Id False Alarm in 3 False Alarm in 4 False Alarm in 5' or mare False Alarm
365 day eriod 365 Day period 365 Day period 365 Day period in 365 Day period
Permitted Alarm No charge No charge $50.00 $75.00 $100.00
Non Permitted Ala" $100.00 $200.00 $200.00 $200.00 $200 00
Fire and Emergency
Medical Alarms Free Free Free Free Free
The new proposed false alarm civil penalty schedule is listed below.
1" False Alarm in 2" False Alarm in 3` False Alarm in 4 False Alarm in 5 1h or more False Alarm
365 day period 365 Day period 365 Day period 365 Day period in 365 Day period
Permitted Alarm No charge $100.00 $150.00 $200.00 $200.00
Non Permitted Alarm $100.00 $150.00 $200.00 $200.00 $200.00
Fire Alarms
Full Response Free $240.00 $240.00 $240.00 $240.00
Emergency Medical
Alarm^, Sin le Unit Free Free Free Free Free
City Council Staff Report
November 2, 2005-- Page 4
False Alarm Ordinance
The justification for the increase includes the recovery of the costs of the officers that respond
to the false alarm calls, the department's motor vehicle costs, police supervision, and the
false alarm fees collection program costs.
The levy of a civil penalty will motivate alarm owners to find alternative methods to verify their
alarm activations. Private security companies can provide response services to alarm owners
at a lower cost then the police department. Surveillance cameras using the internet can be
used by alarm owners to verify alarms.
The proposed increases in false alarm civil penalties, the modifications to the city ordinance,
and the public information campaign will further reduce the number of false alarms, thereby
providing officers additional time to provide other vital services for the protection of the
community.
Gary J d Chief of Police Blake Goetz, Fire C i f
David H. Ready, City Mr
Attachments:
Proposed Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 5.02.005,
SUBSECTIONS (3), (5), (6), AND (7) OF SECTION
5.02.010, SECTION 5.02.020, SECTION 5.02.045,
SUBSECTIONS (a) and (b) OF SECTION 5.02.075, AND
SUBSECTION (a)(2) OF SECTION 5.02.080 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO FALSE
ALARM RESPONSE CIVIL PENALTIES.
City Attorney's Summary
The current provisions of the City's Municipal Code allow the
City to assess a fee for false burglary and robbery alarms
after two such incidents occur in any 365 day period. This
ordinance changes the fee to a civil penalty and would allow
the City to assess a civil penalty for false fire, emergency
medical, burglary, and robbery alarms on the second or any
subsequent alarms occurring in any 365 day period.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 5.02.005 of the Palm Springs Municipal Code is hereby
amended to read as follows:
The purpose of this Chapter is to establish standards and controls to reduce the
incidents of false fire, emergency medical, burglary, and robbery alarm calls
responded to by the police and fire departments. The revenue raised by the
false alarm civil penalties imposed under this Chapter will offset the costs
associated with responses to false fire, emergency medical, burglary, and
robbery alarms and serve as a deterrent for persons who maintain defective or
inferior alarms that result in public safety officers responding to false alarms.
SECTION 2. Subsections (3), (5), (6), and (7) of Section 5.02.010 of the Palm
Springs Municipal Code are hereby amended to read as follows:
(3) "Alarm system" means any electronic device designed for the detection of
fire, emergency medical crisis, burglary, or robbery, or an unauthorized
entry on premises, or for alerting others of the commission of an unlawful
act, or both, and when activated, emits a sound or transmits a signal to
indicate that an emergency exists, and to which police and/or fire
departments are expected to respond.
(5) "Audible alarm" means a device designed to emit an audible sound to alert
others of a fire, emergency medical crisis, burglary, or robbery, an
unauthorized entry onto property, an unauthorized entry into a structure,
or the commission of illegal activity.
Ordinance No.
Page 2
(6) "City, "Police," and Police Chief' mean the City of Palm Springs, and in
relation to robbery and burglar alarms the terms mean the City's Police
Department and the Police Chief of the City or the Police Chief's
designee, and in relation to fire or emergency medical alarms the terms
mean the City's Fire Department and the Fire Chief of the City or the Fire
Chief's designee.
(7) "False alarm" means an alarm signal which causes response by the fire
and/or police departments where any emergency situation does not exist.
"Response" means arrival at the location of the alarm. "False alarm" does
not include an alarm signal activated by earthquake, extraordinary
weather conditions, or other act of God.
SECTION 3. Section 5.02.020 of the Palm Springs Municipal Code is hereby
amended to read as follows:
The provisions of this Chapter shall not be applicable to audible alarms affixed to
automobiles, unless the vehicle alarm is connected to a central monitoring
system.
SECTION 4. Section 5.02.045 of the Palm Springs Municipal Code is hereby
amended to read as follows:
A fire, emergency medical, burglary or robbery panic alarm button shall only be
used when there is an immediate threat to life or property. It shall be unlawful to
use such alarm systems to merely summon the police, or in lieu of dialing 911.
SECTION 5. Subsections (a), (b), (c), and (d) of Section 5.02.075 of the Palm
Springs Municipal Code are hereby amended to read as follows:
(a) In addition to the fees stated herein, an alarm user may become liable to
the city for a civil penalty for police and/or fire departments responding to
repeated false fire, emergency medical, and/or burglary alarms emitted by
the user's alarm system. A false alarm response civil penalty, in amounts
as the Council may establish by resolution, shall be paid to the City by the
alarm user for every false fire, emergency medical, and burglary alarm
occurring on the second and any subsequent false alarms received from
any one source or from any one alarm system within any consecutive
three hundred sixty-five (365) day period. No false alarm civil penalty
shall be charged for false fire, emergency medical, and/or burglary alarms
occurring within thirty (30) days following initial installation of any new
alarm system provided said system otherwise complies with the
requirements of this Chapter. A higher civil penalty may be established for
each additional false fire, emergency medical, robbery, and/or burglary
alarm received during any consecutive three hundred sixty-five (365) day
period. Multiple false fire, emergency medical, and/or burglary alarm calls
received in any one 24 hour period shall be considered a single event for
the purpose of assessing a civil penalty.
Ordinance No.
Page 3
(b) A false robbery alarm response civil penalty, in amounts as the Council
may establish by resolution, shall be paid by the alarm user to the City for
every false robbery alarm occurring on the second or any subsequent
false robbery alarm received from any one source or from any one alarm
system within any consecutive three hundred sixty-five (365) day period.
A higher civil penalty may be established for each additional false robbery
alarm received during any consecutive three hundred sixty-five (365) day
period as determined by the Police Chief.
(c) Any fire, emergency medical, and/or 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 fire, emergency medical, or 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 burglar alarms at said address and
the fire department will no longer be required to respond to fire or
emergency medical alarms at said address once the police and/or fire
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 and or fire department has received the return receipt.
(d) A response to a non-permitted fire, emergency medical, burglar, or
robbery alarm, whether false or valid, shall result in a non-permitted alarm
civil penalty. If an alarm user's permit is applied for within thirty days of the
response to a non-permitted fire, emergency medical, burglar, or robbery
alarm, the non-permitted alarm civil penalty 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 civil penalty, as set forth on the city of Palm
Springs alarm application permit. Should a non-permitted false fire,
emergency medical, 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) day period, the person responsible for such alarm
location shall be notified by certified mail that the police and or fire
department will no longer respond to alarms at that location.
SECTION 6. Subsection (a)(2) of Section 5.02.080 of the Palm Springs
Municipal Code is hereby amended to read as follows:
(2) The alarm system activates four (4) or more false alarms within any
consecutive three hundred sixty-five (365) day period.
SECTION 7. If any section, subsection, subdivision, 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
Ordinance No.
Page 4
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be
declared invalid or unconstitutional.
SECTION 8. The City Clerk is authorized to add the civil penalties identified in
Exhibit A to this ordinance to the City's Revised Master Bail Schedule.
SECTION 9. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED this day of
2005.
MAYOR
ATTEST:
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on and adopted at a
regular meeting of the City Council held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California \
Q�A��SA
City ®f Malin Springs
C7 i' N
Office of the City Clerk
* NCOR>ORFiE0 43e ' 3200 E. Taliquitz Canyon Way • Palm Springs,California 92262
<' �P Tel: (760) 323-8204 • Fax: (760) 322-8332 • Web:www.cn.palm-sprmgs.m.us
qc/fOR�
NOTICE OF CONTINUANCE
NOTICE IS HEREBY GIVEN that the regular meeting of October 19, 2005, Public Hearing Item
No. 1.0
PROPOSED ORDINANCE MODIFYING REGULATIONS FOR THE USE OF ALARMS
AND ALARM SYSTEMS:
On October 19, 2005, no persons came forth to provide public testimony; therefore, on motion
by Councilmember Mills, seconded by Councilmember Pougnet, and unanimously carried, the
public hearing was continued to 6:00 p.m., November 2, 2005, Council Chamber, 3200 Tahquitz
Canyon Way.
I, Kathie Hart, CMC, Chief Deputy City Clerk of the City of Palm Springs, California, certify this
Notice of Continuance was posted at or before 5:30 p.m., October 20, 2005, as required by
established policies and procedures.
Kathie Hart, CMC
Chief Deputy City Clerk
KMERW-CMHearing Notices\NOTICE OF CONT-Alarm Fees.doc
Post Office Box 2743 • Palm Springs, California 92263-2743