HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (21) ORDINANCE NO.
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:
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"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) -/
1003/010/28679 2 OVA&
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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.
oho A 3
1003/010/28679 3
03/10/2004 WED 17:16 FAX � 002/002
ADOPTED AND APPROVED this day of , 2004.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By: By:
City Clerk Mayor
APPROVED AS TO FORM
By:
�Ddft J. A6 hi City Attorney
1003/Ot OP28G79 4 -_---
MAR-10-04 WED 0510 PM FROM: TO-PSF ADMiNNTRATION PAU 7