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HomeMy WebLinkAbout03/06/1990, 3A - REVISION OF EXISTING ORDINANCE REGULATING INSTALLATION, OPERATION, AND MAINTENANCE OF PUBLIC SAFETY �IIN�I��II,�IIIIIIfB�AIIII�D f — MEETING GATE: l c� o son tins oBispo 03-06-9 COUNCIL AGENDA REPORT 'TE"" N E FROM:James M. GardmerJ'"" PREPARED BY: Daniel R. Blanke Chief of Police Sergeant Michael P. Dolder� Fire Chief SUBdEM. Revision of existing ordinance regulating installation, operation, and maintenance of public safety alarm systems. CAO RECOIEMMlDATION: Pass to print the ordinance repealing Chapter 15.12 of the San Luis Obispo Municipal Code, and enacting a new Chapter 15.12, to include monetary fees and penalties for excessive false alarm activations. REPORT IN BRIEF: The City annually spends approximately $122,000.00 handling false public safety alarm calls. Only about 1% of the Use alarms are caused by factors that are unpreventable either by the alarm user or the alarm installer. There is a clear need to reduce Use alarm activations and to recover reasonable costs related to alarm permits and responses. An amended ordinance is proposed to include: 1) Annual alarm permit renewal Fees, established by Council resolution, are recommended to be $30.00 for the fast issuance and $25.00 for subsequent renewals. 2) Strict responsibilities are assigned relating to installation and maintenance of alarm systems. i 3) Fees are messed for false alarm activations in excess of 3 alarma in any a month period. 4) Repeat offenders may be subject to monetary civil penalties and/or criminal prosecution. 5) Permit revocations or assessme^ts of civil penalties may be appealed to the City Council. I BACKGROUND SETICKARY DISCUSSION: To operate a public safety alarm system in the City of San Luis Obispo, a person is required to purchase a permit. Information provided in the permit application assists the Police and Fire Departments in providing emergency services related to the system. Currently, these permits are renewable every 2 years, at a total coat of$5.00. This fee comes nowhere close to covering printing and postage expenses, or the costs associated with administration of the program. 1 �—� °1h�»H►�illllll�I�n ►NNIII city of say Luis ogispo COUNCIL AGENDA REPORT Page Two The San Luis Obispo Police Department investigates in excess of 1,100 security alarm activations annually, and the Fire Department responds to an additional 150 alarms 98-99% of these activations are false alarms The result is an inefficient, ineffective, and very costly use of police and fire personnel and resources. In fact,, the investigation of false alarms wastes approximately 2,660 hours of personnel resources annually. In terms of salaries, benefits, and equipment, the City spends approximately $122,000 annually on false Warm calls. There are other potential hazards and costs that are also associated with responses to false public safety alarms. To summarize, specific concerns are these: 1) There is a threat to the safety of police officers and fire fighters caused by complacency which results from repeated responses to false alarm activations. 2) There is a potential for accidental irgjury to citizens and responding public safety personnel. 8) There is unnecessary out-of-service time for police officers and fire fighters investigating false alarms Officers are removed from their primary duties of preventative patrol and law enforcement. Fire fighters are unavailable for other emergency calls. 4) This results in unnecessary police and fire radio traffic. 5) This creates unnecessary workload on communications dispatchers who must receive, computerize, and dispatch alarm calls. The heavy workload in communications is well documented and actually required the addition of a full-time position in July 1989. 6) These result in an exorbitant cost to the City in terms of personnel and equipment False alarm causes are categorized in the following manner. 1) Employee error or negligence 2) Malfunctioning equipment or defective installation S) Unknown cause. This means that the investigating public safety personnel cannot determine, with absolute certainty, why the alarm was activated. False alarms of this type are generally associated with one of the first two causal factors 4) Other. These false alarms are caused by construction, storms, etc. This is considered to be the only type of false alarm over which the alarm user or installer has no control. A look at the false alarms investigated in 1987 provides a typical example of how false alarms are distributed among the 4 categories. 2 J' (.� "�m�i ��illllllllpn"u���INlli city of san tins oBispo =Sligo COUNCIL AGENDA REPORT Page Three CAUSE NUMBER Employee error or negligence 456 Malfunctioning equipment or defective installation 469 Unknown 168 Other 15 TOTAL 1,124 Only 1% of the false alarms were caused by factors which were unpreventable by either the alarm user or the installer. While the City has no legal requirement to respond to these private alarms, historically we have provided this service. There is a clear need to attempt to reduce the number of false alarm activations within the City of San Luis Obispo. The need also exists to recover reasonable coats related to alarm permit issuance, the investigation of false alarm activations, and administration of the program. For these reasons, revisions to the current ordinance are proposed to include the following 1) Alarm permits to be renewed annually, with fees established by Council resolution. It is recommended that a first year fee of no less than $30.00, and renewal fees of no less than $25.001year, be established. 2) Strict responsibilities are assigned relating to installation and maintenance of alarm systems. The level of cooperation with the City that is expected of alarm users and installers is clearly defined. 3) A fee structure is created for false alarms from a single location in exam of 3 alarms in any 12 month period, with fee amounts to be determined by Council resolution. It is recommended that the first assessment be no less than $25.00. 4) Provisions are made to take adverse action against the alarm permit of repeat offenders. Monetary civil penalties may also be assessed. Criminal prosecution may also be sought in such cases. 5) Permit revocations or assessments of civil penalties may be appealed to the city Cotmcil. CONCLUSION: The anticipated result of the recommended action would be better maintenance of alarm systems and more careful handling of systema by their installers and users. It is anticipated that this will lead to fewer false alarm responses by the Police and Fire Departments. Additionally, the ordinance provides the means for recovering the high costs associated with Permit issuance and response to public safety alarm activations. Such action would be consistent with the recommendations contained in the User Fee Analysis completed for the City in 1988 by Vertex Cost Systems, Inc. 3 �.3 ���n��i i�illllfl�J►n ��X8111 MY Of Sort LUIS OBI SPO AMMGM COUNCIL AGENDA REPORT Page Four FISCAL IMPACT: Adoption of this revised ordinance would result in recovery of most or all administrative and material costs associated with the issuance and renewal of alarm permits. Additionally, the permit fees would be expected to cover installation and maintenance costs of 2 one-way designated telephone connections to the Emergency Dispatch Center, for the purpose of reporting alarm activations. Since one of the primary Purposes of this ordinance is to reduce the number of false alarm activations in the City, it is impossible to predict with a reliable degree of certainty how much revenue could be expected from false alarm fees. However, the increasing scale of fees can be expected to recover the costs of continued responses to locations with frequent false alarm activations. It is strongly recommended that the use of contract services be considered for administrative functions associated with the ordinance. The Police Department Crime Prevention Officer currently handles the permit process in the Department. We anticipate that this program would significantly increase his workload and would detract from his primary duties. Contract services are available to Perform all functions, except for appeals, for a simple percentage of fees. This would be cost effective and would provide more available time for crime prevention activities. ALTERNATIVE: 1) Do not revise the ordinance. The result of the selection of this alternative would be that the City would oantinue to subsidize the extremely high costs of issuing alarm permits and responding to security alarm activations. No reduction could be expected in the number of false alarms, because the current ordinance provides no signifusint incentives to reduce false activations. CITIZEN PAEMCIPATION. A great deal of citizen participation was solicited and considered in the development of this ordinance revision. Separate presentations outlining the proposed ordinance changes were given to groups of individuals who would be most impacted by the changes. On April 26, 1989, representatives of alarm installat.on/maintenance companies located in this County were invited to such a presentation. These representatives were extremely supportive of the Proposal- In response to recommendations from this group, the number of"free" Use alarms allowable in a 12 month period was set at S. Following this meeting, the alarm companies sent letters to their customers detailing the most significant Proposed changes, and recommending that any input be sent to the Police Department in writing. A total of 4 letters were received. Three of the letters expressed concern about increasing fees in any way. One of the letters expressed complete support for the proposed revisions. 4 /i ���n���uiiVillllll�l►° 918111 MY Of San LMS OBISPO COUNCIL AGENDA REPORT Page Five On May 3, 1989, a presentation of the proposal was made at a meeting of the Chamber of Commerce. Again, the cost recovery concept was well received On June 13, 1989, a presentation was made to a meeting of the Downtown Business Improvement Association. This group was generally supportive of the proposed ordinance changes, but one individual in the group expressed strong opposition to the fees and potential penalties for excessive false alarms. He said that the alarm at his bar is activated so often that he would probably be forced to disconnect the system. This group was asked to send any additional concerns in writing to the Police Department. No written input was received. CONCUBBENC . In November 1988 the results of a User Fee Analysis were distributed by the Finance Department, based on research completed by consultants Evensen Dodge, Inc. and Vertex Cost Systems, Inc. The report contained strong evidence of the fact that ordinance revisions of this type are needed to recover the costs of alarm permits, responses to false alarms, and administrative cost Draft Ordinance Ordinance Synopsis 5 3-S� ORDINANCE NO. (1990 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO REPEALING CHAPTER 15. 12 OF THE SAN LUIS OBISPO MUNICIPAL CODE, AND ENACTING A NEW CHAPTER 15 . 12 ALL TO BETTER REGULATE THE USE OF ALARMS WITHIN THE CITY. SECTION 1. Within the past few years, more sophisticated alarm devices have become available to the public. Consequently, the number of alarm devices in use in the City, along with the number of different uses to which they are put, has increased. Along with this increase in use, there has been an increase in alarm reports, including false alarms. In order to ensure the safety of those in the City using alarm devices, and in order to minimize the - abuse of public safety resources in responding to false alarms, the City' s alarm ordinance needs to be revised to take into account the above-described changes in technology and use. SECTION 2. Chapter 15. 12 of the San Luis Obispo Municipal Code is hereby repealed. A new Chapter 15. 12 is enacted, to read as follows: 15 . 12 . 010 Purpose The purpose of this chapter is to reduce false alarms, and to regulate burglary, robbery, fire and fire protection and medical attention alarm systems, and alarm businesses, agents and users. 15. 12 . 020 Definitions For the purposes of this chapter, words and phrases used in this chapter are defined as follows: A. "Alarm agent" shall mean a person employed by an alarm business, either directly or indirectly, whose duties include selling, leasing, altering, installing, maintaining, moving, repairing, replacing, servicing, responding to, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm business to perform any of the duties described herein. B. "Alarm business" shall mean any business held by an individual, partnership, corporation, or other entity for the purpose of selling, leasing, altering,- installing, . maintaining, moving, repairing, replacing, servicing, responding to, or monitoring any alarm system in a building, structure, or facility. Ordinance No. (1990 Series) Page Two C. "Alarm system" shall mean any mechanical or electronic device or series of devices which transmits a signal or message, either directly or indirectly, to the Emergency Dispatch Center; or which emits an audible or visual signal at the alarm location, and which is designed to: 1. Detect unauthorized entry into any building, structure, or facility; or 2 . Signal the occurrence of an unlawful act upon the premises; or 3 . Detect a fire, or detect activation, equipment problems, or the malfunction of a fire protection system; or 4 . Detect a hazardous material leak or system malfunction; or 5. Signal the need for medical attention. For purposes of this chapter, devices operated by the City of San Luis Obispo or' devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected premises are not included within the meaning of Alarm Systema D. "Alarm user" shall mean the-person, firm, partnership, association, corporation, or organization of any kind that owns, leases, rents, uses, or makes available for use by its agents, employees, representatives, or family, any alarm system. E. "Chief of Police" shall mean the Chief of Police of the City of San Luis Obispo, or his/her designated representative. F. "City" shall mean the City of San Luis Obispo. G. "Day" shall mean calendar day. H. "Department Head" shall mean the Chief of Police, the Fire chief, or their designated representatives. I . "Direct Dial System" shall mean an alarm system which is connected to a telephone line and, upon activation of an alarm system, automatically transmits a message or signal to the Emergency Dispatch Center, indicating a need for emergency response. J. "Emergency Dispatch Center" shall mean the combined police and fire communications and dispatch center located at the Police Department facility. K. "False Alarm" shall mean an activation of an alarm system through mechanical failure, malfunction; improper installation or maintenance, or negligence of the alarm user when an emergency situation does not exist. A determination as to ------ j-701) —j-T01) Ordinance No. (1990 Series) Page Three whether an alarm signal was a false alarm or an actual alarm shall be made by the appropriate Department Head. "False Alarms" shall not include those alarms activated by extraordinary meteorological, atmospheric, or other conditions or means, as determined by the Department Head. L. "Finance Department" shall mean the Finance Department. of the City of San Luis Obispo. M. "Fire Chief" shall mean the chief of the . Fire department of the City of San Luis Obispo, or his/her designated representative. N. "Notice" shall mean written notice, given. by personal service upon the addressee, or, given by United states mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United. States Postal Service. O. "Private Alarm Dispatch Center" shall mean a center maintained by an alarm business which receives emergency signals . from alarm systems, and thereafter immediately relays the message by live voice to the Emergency Dispatch Center. P. "Responsible Department" shall mean the City department having the responsibility of providing emergency services upon receipt of an alarm signal at the Emergency Dispatch Center. For incidents related to fires, or water flow in fire sprinkler systems, or other extinguishing agents in fire protection systems, as well as medical attention, -the Fire Department is the responsible department. For incidents related to burglary, robbery, unauthorized building entry, etc. , the responsible department is the Police Department.. 15. 12 . 030 Alarm System Standards 1. In General A. The Council, upon recommendation of the the Chief of Police or Fire Chief, may prescribe by resolution .minimum standards and regulations for the construction and maintenance of all. alarm. systems installed in., the City. All equipment shall, meet or .exceed these standards and regulations. B. No Alarm System shall be installed unless the alarm user has either a service agreement with an alarm business � i qualified under this chapter; or has available a designated \ person who will respond to the site of an activated alarm Ordinance No. (1990. Series) Page Four with the ability to deactivate the alarm. 2 . Audible Alarm Systems. No Audible Alarm System shall be installed or used unless it shall have an automatic reset capability, which shall silence the alarm within 15 minutes of activation_ 3 . Silent Alarm Systems. A. No Direct Dial Systems shall be allowed within the City. B. All Silent Alarm systems shall be. connected to a Private Alarm Dispatch Center. 15. 12 . 040 Alarm Business Standards 1. Alarm businesses operating within the City shall comply with all state licensing requirements and operate in accordance with the standards set forth in the State Alarm Company Act as to conduct of business and qualification of employees, including Alarm Agents. 2 . No person or company which installs, or otherwise provides an alarm system, shall install such device or system without the ability to provide 24-hour service for that system. "Service" for the purposes of this section shall include the ability to promptly repair a malfunctioning alarm system; and, in any event, a service response to the alarm location shall be accomplished within 30 minutes of a request for service. "Service" shall also include the ability to provide periodic maintenance necessary to assure normal functioning of the system. This section shall not apply to persons or businesses who merely sell from fixed locations, or who manufacture alarm systems, unless such persons or firms also install, monitor, or service such systems. 3 . Any alarm business operating a Private Alarm Dispatch Center shall, within 1 minute of receiving notice that an alarm has been activated, notify the Emergency Dispatch Center of the activation. Notification shall normally be made via a designated one-way telephone line which is dedicated solely to the reporting of such notifications. 4 . Each alarm business that monitors fire alarm systems, must comply with all sections of National Fire Protection Association bulletin #71-1988 and as amended. 5 . It shall be the duty of the alarm business to cooperate fully at all times with the City and its employees. ! Every alarm business shall , upon request during normal hours of V / �j �. Ordinance No. (1990 Series) Page Five business, make any and all records and information in its possession relating to alarm systems operating within the City, available to personnel authorized by the Chief of Police or Fire Chief. Each alarm business must possess a valid city business license.. 15. 12 . 050 Alarm Use Standards 1.. (a) All existing and prospective users of alarm systems shall obtain an alarm user permit approved by the responsible Department Head within sixty (60) days following the .effective date of the ordinance codified in this chapter, or prior to the installation and use of an alarm system, as the case may be. A separate permit shall be required for each separate alarmed building or facility, and for each separate alarm system. Application for the permit, and a fee as established by council resolution, must be filed for each year or part thereof. Each permit application shall contain the current name, address, telephone number, and signature of the individual accepting responsibility for the proper functioning and maintenance of the alarm system covered by the permit. A copy of the Permit shall be posted upon the premises where the Alarm System�, is installed. Each permit will bear the signature of the issuing official and the Chief of the responsible department.. All permits shall expire one year after the date of issuance. (b) Application for permits more than sixty (60) days after the need for such permit arises, shall require the payment of a one hundred percent (100%) penalty fee. 2. (a) The alarm user shall , at all times, insure that the Emergency Dispatch Center is in possession of a minimum of three (3) names, telephone numbers, and home addresses of persons with 24-hour access to the alarm location and the alarm system, who are authorized to and will respond to the location where an alarm has. been activated. The response shall be within a reasonable time and, in any event, within 30 minutes of being requested to do so. At any time that one of these persons no longer possesses such access to the alarm location, the alarm user shall immediately notify the emergency Dispatch Center and, in any event, this notification shall be made within 48 hours of the time at which the person no longer possesses access to the location. 3 . (a) It shall be the duty of the alarm user to properly use the alarm system and to maintain it mechanically and technically to insure safe and responsible operation and minimize the number of false alarms. If the Chief of Police or Fire Chief determines that a system lacks in quality, components, servicing, or is improperly used by the alarm user, he/she may. require that Ordinance No. ( 1990 Series) Page Six modifications be made to the system to make it comply with this chapter. (b) False alarms shall be considered excessive when they exceed three (3) activations in any twelve (12) month period. (c) As provided by Resblution of the City Council, a fee shall be paid to the City by each alarm user for excessive false alarms. The Police Chief or Fire Chief shall cause to be issued a monthly bill for the unpaid fees accrued during any monthly billing period and any prior _periods. Such bill shall be due and payable within thirty (30) days after the billing date. (d) A penalty of fifteen percent (15%) shall be added to the fees required by this section in connection with any fees not paid in the time and manner set forth above. (e) The amount of any fee and late penalty assessed pursuant to this article shall be deemed a debt to the City; and an action may be commenced in the name of the City in any court of competent jurisdiction in the amount of the delinquent debt_ . Payment of any user fees and late charges shall not prohibit criminal prosecution for the violation of any provisions of this chapter. 15 . 12 . 060 Enforcement and Appeals 1. Revocation In addition to other remedies provided, the Department Head of the Responsible Department may revoke an Alarm user ' s permit for a violation of this Chapter. 2 . Civil Penalties For violations of this Chapter, the Department Head of the Responsible Department may assess a Civil Penalty of up to $500 . 00 for each violation. 3 . Criminal Penalties A violation of this Chapter is punishable as a misdemeanor. Ordinance No. (1990 Series) Page Seven 4 . Appeals The decision of a Department Head to revoke an Alarm User' s permit; or to assess a civil penalty may be appealed to the City Council. All appeals must be filed within thirty days of receipt of notice of the Department Head' s action. SECTION 3 . A synopsis of ,this ordinance, approved by the city Attorney, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in said city, and the same shall go .into effect tat the expiration of thirty (30 days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing ordinance was passed and adopted this day of 1990 . MAYOR RON DUNIN Ordinance No. (1990 Series) Page Eight ATTEST: CITY CLERK, PAM VOGES PROVED: Ci y A m nis ratio Officer t tt ey Finance Director Chief of Police Fire Chief ORDINANCE NO. Alarm Systems On , the San Luis Obispo City Council voted to to introduce Ordinance No. (1989 Series) , which revises the existing ordinance regulating installation, operation, and maintenance of security alarm systems. .1) Alarm permits to be renewed annually, with fees established by Council resolution. It is recommended that a first year fee of no less than $30.00, and renewal fees of no less than $25.00/year, be established. 2) Strict responsibilities are assigned relating to installation and maintenance of alarm systems. The level of cooperation with the City that is expected of alarm users and installers is clearly defined. 3) A fee structure is created for false alarms from a single location in excess of 3 alarms in any 12 month period, with fee amounts to be determined by Council resolution. It is recommended that the first assessment be no less than _$25.00. 4) Provisions are made to take adverse action against the alarm permit of repeat offenders. Monetary civil penalties may also be assessed. Criminal prosecution may also be sought in such cases. 5) Permit revocations or assessments of civil penalties may be appealed to the City Council. Copies of the complete ordinance are available in the City Clerk's Office in Room $1 of City Hall, 990 Palm Street. For more information, contact in the Department at 549- Pamela Voges, City Clerk. 3-i�A