HomeMy WebLinkAbout5/5/2004 - STAFF REPORTS (18) DATE: Apriv2004
TO: City Council
FROM: Chief of Police
SUBJECT: Municipal Code Section 5.02.075 — Regulating the Use of
Alarms and Alarm Systems.
RECOMMENDATION:
It is recommended that the City Council approve modification to Municipal
Code Sections 5.02.075 to revise the notice and fees from a non-permitted
alarm system owner for the police department's response to false alarm(s).
SUMMARY:
The current Municipal Code Section 5.02.075 makes a distinction between
the false alarm fees charged to an alarm system owner who has obtained a
city alarm permit and an owner who has not obtained a city alarm permit.
This modification to the ordinance would require the police department to
mail a notice to the owner of a non-permitted alarm system after their first
false alarm, notifying the alarm system owner that the police department
personnel had responded to a false alarm at their residence or business and
a false alarm fee of $100.00 is being charged (this fee amount is the same
as the current ordinance). The letter would further explain that if the owner
obtains an alarm permit ($25.00) within thirty (30) days of receipt of the
letter, then the original false non-permitted alarm fee would be waived.
The amended section also authorizes the police department to stop
responding to false alarms, beyond eight for burglary and four for robbery, at
a particular 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 services and the police department has received the
return receipt.
BACKGROUND:
Municipal Code Section 5.02.075 regulates the use of alarms and alarm
systems within the city. The purpose of this ordinance is to reduce the
number of false alarms that requires a response by police department
personnel. A majority of alarms that require a police response are false
alarms, which consumes hundreds of hours of police officer's time annually.
The current ordinance makes a distinction in the fees that are charged for
false alarms between alarm system owners who have obtained a city permit
and the owners who have not obtained a permit. 10
Alarm system owners who have paid their required permit fees ($25.00
initially and $20.00 for renewal) are allowed two false alarm responses
within a three hundred and sixty five (365) day period without the imposition
of a fee. On their third false alarm response for a permitted alarm, the owner
receives a letter from the police department informing them of their third
false alarm response and that a fee is being charged. The alarm system
owner receives a similar letter on each additional false alarm response
within the three hundred and sixty five (365) day period.
Alarm system owners who have not obtained a city permit receive a letter
from the police department on their first false alarm response. This letter
informs them of the requirement to obtain a city alarm permit and the fee
that is being charged. If the alarm system owner fails to obtain a permit, the
owner receives a similar letter on each additional false alarm response.
There are numerous companies and individuals who sell and install alarm
systems in the city. All of these companies are required to have a city
business license. The majority of these companies and individuals do not
have offices located within the city.
Information has been received from the state alarm installers association
that a majority of alarm companies currently inform their new customers of
their requirements to obtain a city alarm permit. Many times this information
is written in the "small print' of the contract that the new customer signs, but
usually does not read.
The changes proposed to this ordinance would allow an owner of a non-
permitted alarm system on their first false alarm to complete the alarm
permit application, pay the alarm permit fee and obtain the alarm permit
within thirty (30) days of receipt of the letter from the police department
which would waive the requirement that the owner pay the false alarm
response fee for two false alarms within a three hundred and sixty five (365)
day period. Any additional false alarm responses would be charged as
written in the current ordinance. If the owner of the non-permitted alarm
does not purchase the alarm permit within the thirty (30) days, the false
alarm fee is due.
APPROVED:
Gary Jed dtr Chief of Police David Ready, City f, er
Attachment: Ordinance
Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Jacquelin K. Welch says:
1. 1 am a citizen of the United States, a
resident of the City of Desert Plot
Springs, County of Riverside, State of
California, and over the age of 18 years.
2. 1 am the Research & Production CITY OF PALM SPRINGS
Assistant of The Public Record, a PROPOSED ORDINANCE-SUMMARY
newspaper of general circulation printed
and published -in - the City_ -_of --Palm - - An ordinance of the City Council Of the City of Palm Springs,
p y O r CA, revising a portion of Chapter 5.02 of the Palm Sprigs
Springs, County of Riverside, State of Municipal Code,relating to false alarm response fees.
California. Said The Public Record is a A full copy is on file in the Office Of the City Clerk.
newspaper of general circulation as that Introduction and first reading on May 5,2004
term is defined in Government Code AYES. Members Fast,McCulloch,Mills,
section 6000, its status as such having NO Pougnet,and Mayor Oden
been established by judicial decree of the ABSENT, None
None
Superior Court of the State of California h Ordinance lnlroduCedan May 5,2004;second reaMngsalad-
and for the County of Riverside in tiled for adoption May 19,2004
Proceeding No. Indio 49271, dated PATRICIAA SANDERS
March 31, 1987, entered in Judgment May 11.2004 City Clad`
Book No. 129, page 355, on March 31,
1987. -
3. The Public Record is a newspaper of
general circulation ascertained and
established in the City of Palm Springs in
the County of Riverside, State of
California, Case No. RIC 358286, Filed
June 8, 2001.
4. The notice, of which the annexed is a 3,3v
true printed copy, was published in the
newspaper on the following publication PC)
dates to wit: fi 3 r
r�
May 11, 2004
I certify under penalty of perjury that the
above is true and correct.
Dated at Palm Springs, California,
this 11T" day of May 2004.
Jacquelin K. Welch
Research & Production Assistant
Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Jacquelin K. Welch says:
1. 1 am a citizen of the United States, a
resident of the City of Desert Hot
Springs, County of Riverside, State of
California, and over the age of 18 years.
81 CITY OF PALM SPRINGS
2. 1 am the Research Production ORDINANCE 1655 -SUMMARY
Assistant of The Public Record, a An ordinance of the City Council of the City of Palm Sunni
newspaper of general circulation printed CA, revising a porter of Chapter 502 of the Palm Springs
City
Code,relating to false alarm response fees A full
and published in the City of Palm copy is on file to the Office of the City Clerk --
Springs, County of Riverside State of Introduction andOfirstnce165 reading Mays,day
, ADOPTED as Ordinance 1655 on 191h tla of May 2009
California. Said The Public Record is a AYES Members Fast,McCulloch,
Mills,Pougnet,and Mayor Germ
newspaper of general circulation as that NO. Nona
ABSENT: None
term is defined in Government Code ATTEST CITY OF PALM SPRINGS,CALIFORNIA
section 6000, its status as such having /a/Patricia A.Sensors /s/Ron Case
City Clerk Mayor
been established by judicial decree of the Ordinance Introduced on May 5,2004; second reading and
Superior Court of the State of California in adoption May 19,2004
PATRICIA A.SANDERS
and for the County of Riverside; in City Clark
Proceeding No. Indio 49271, dated
May25,2°°'
March 31, 1987, entered in Judgment
Book No. 129, page 355, on March 31,
1987.
3. The Public Record is a newspaper of
general circulation ascertained and
established in the City of Palm Springs of
the County of Riverside, State of
California, Case No. RIC 358286, Filed
June 8, 2001.
4. The notice, of which the annexed is a =
true printed copy, was published in the ���' ,t '✓
newspaper on the following publication
dates to wit:
May 25, 2004
1 certify under penalty of perjury that the
above is true and correct.
Dated at Palm Springs, California,
this 25T" day of May 2004.
Jacquelin K. Welch
Research & Production Assistant
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:
1003/010/28679
"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)
1003/010/29679 2
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.
1003/010/28679 3
03/10/2004 WED 17:16 FAX �j002/002
ADOPTED AND APPROVED this day of 12004.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By: By:
City Clerk Mayor
APPROVED AS TO FORM
By:
Ddft J. A@Ah)r City Attorney
ioo�iatona�7s 4
MAR—H-04 WED 03:30 PM FROM: Tn-PSPD AP° 1MUPATION Parr 9