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.
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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.
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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.
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°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.
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=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.
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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.
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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
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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 ------
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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
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�. 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.
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