HomeMy WebLinkAbout34-Police Department
-
--
CITY OF SAN BERNAINO - REQUEST F. COUNCIL ACTION
Fr_
Dept:
Daniel A. Robbins
Chief of Police
Police
Subject:
Alarm Ordinance
I Date: January 29, 1991
Synopsis of Previous Council action:
Legislative Review Committee approval on January 24, 1991.
Recommended motion:
e
That further reading of the ordinance be waived and it be
laid over for final adoption.
Contact person:
Daniel A. Robbins, Chief of Police
Phone:
384-5607
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
acn Notes:
Agenda Item No 3 LJ.
75.0262
CITY OF SAN BERN~DINO - REQUEST FA COUNCIL ACTION
e
STAFF REPORT
PROBLEM
The city's current alarm ordinance provides for a degraded response to
repeated false alarms. This kind of response can, in occasional instances,
increase public risk due to officers being delayed in responding to
potential crimes in progress.
Police officers currently respond to over 700 alarm activations per month.
About 95% of these are false alarms. There are currently no provisions for
fining persons responsible for these false alarms and the low response/no
response system now employed is having no apparent effect on reducing the
false alarm rate.
RECOMMENDATIONS
Alarms
I recommend the City begin charging service fees for the false activation
of alarms as articulated in the attached alarm ordinance. This would
benefit the City and its residents as follows:
e
It would greatly reduce the present citizen risk status of those
affected by the low response/no response method now used.
2. It is expected that the total number of alarm activations per month
will decrease.
1.
3. It would increase revenue.
e
FINDINGS
Ala rms
Many cities in California, and more speCifically in San Bernardino County,
have in the past (and al so currently) charged a penalty assessment for
excessive false alarms at businesses and residences. Some of the cities
engaged in this practice are: Anaheim, Colton, Fontana, Ontario, Pomona,
Redlands, Rialto, Riverside, and Santa Ana.
Because an alarm activation denotes an in-progress felony, an alarm is one
of the highest police dispatch priorities and at least two police officers
are sent to a scene where such an activation has occurred. During the
month of October, 1990 the Police Department responded to 908 alarms, over
29 per day. Of that number 896 were false for a 95.7% false alarm rate.
Our experience has shown that this false alarm rate is consistent with our
annual false alarm figures.
1 bel i eve that a substantial amount of offi cer time is bei ng wasted on
these false alarms. If the average response to an alarm requires two
officers, and if the amount of time used is approx. 20 minutes per officer
(10 minutes each for traveling time and 10 minutes to check the business--l
bel ieve that these estimations may be very conservative), then for the
month of October the city !.ill approx. 35,840 mi nutes (597.3 hrs.) of
officer time responding to 896 false alarms.
75-0264
Ie
e
e
-
-
n~
.
.
The existing alarm ordinance places the location protected by an alarm in a
low response status after a number of false alarms within a certain time
period. This means an officer is sent when one is available. If false
alarms continue the location is placed on no response status. This means
Dispatch cancels the report of the activation and no officer is sent. The
result of this is that if there were an actual felony in progress, but the
alarm was on no response status, an increased public risk condition would
exist. With the proposed ordinance, only the worst alarm ordinance
offenders woul d ever be pl aced on no response status. Addi t i ona 11y, I
be 1 i eve that a fee system wi 11 be a more effect i ve i ncent i ve for alarm
owners to properly maintain and repair their alarms.
A survey conducted by the Crime Prevention office of the police department
projected the average weekly revenue from the proposed alarm ordinance
would total $2,800. This figure multiplied times 52 weeks per year equals
a projected annual income of $135,200. The great majority of current alarm
offenders are commerc i a 1 estab 1 i shments. Res i dent i ala 1 arms compri se a
very small portion of the problem.
I bel ieve that a fee based system is a more correct approach to this
problem for two reasons:
1. Any fine imposed will usually be substantially lower than any possible
property loss and incalculably lower than any loss of life.
2. A fee based system will provide a better level of service to commercial
establishments in that we will continue to respond to their alarms
despite any delays that they might experience (beyond their control) in
getting alarm repair personnel to service their alarm.
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
.
.
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
8.81 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SECURITY
ALARM SYSTEMS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 8.81 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"Chapter 8.81
SECURITY ALARM SYSTEMS
"8.81.010 Purpose.
The purpose of this chapter is to provide minimum standards
and regulations applicable to alarm systems and to provide for
punishment for violations of the provisions of this chapter.
"8.81.020 Definitions.
For the purposes of this chapter, the following definitions
sha11 apply:
A.
"Alarm agent" means any person who is self-employed or
employed either directly or indirectly by an alarm business whose
duties include any of the following: selling, maintaining,
leasing, servicing, repairing, altering, replacing, moving or
installing an alarm system in or on any building, place or
premises.
B.
"Alarm business" means any person, firm or corporation
conducting or engaged in the business of selling, leasing,
maintaining, servicing, repairing, altering, replacing, moving,
installing or monitoring an alarm system in or on any building,
place or premises. A business which only sells or leases alarm
devices from a fixed location and does not service, install,
JNM:ms/alarm.ord
1
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
.
.
monitor or respond to alarm systems at the protected premises or
call upon police to do so is not an "alarm business" for the
purposes of this chapter.
C. "Alarm system" means any device arranged to signal the
presence of a hazard requiring urgent attention and to which
police are expected to respond.
D. "Alarm user" means any person who has an alarm system
installed at his or her place of business or residence.
E. "Audible alarm" means a device designed for the
detection of the unauthorized entry on or attempted entry into a
premise or structure or for alerting others of the commission of
an unlawful act or both, and which, when actuated, generates an
audible sound.
F. "Automatic dialing system" means any device which
automatically sends over regular telephone lines, by direct
connection or otherwise, a pre-recorded message indicating the
existence of a hazard requiring urgent attention and to which
police are expected to respond.
G. "False alarm" means an alarm signal which necessitates
or causes response by police when an emergency does not exist.
This does not include alarms caused by acts of nature.
H. "Intrusion alarm" means an alarm system signaling an
entry or attempted entry into the area protected by the system.
1. "Panic alarm" means an alarm system by which the signal
transmission is initiated by the direct action of a person.
J. "Robbery alarm" means an alarm system signaling a
robbery or attempted robbery.
JNM:ms/alarm.ord
2
.
1
2
3
4
5
6;
e
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
-
-
-
.
.
K. "Subscriber" means any person who purchases, leases,
contracts for or otherwise obtains an alarm system or for the
servicing or maintenance of an alarm system.
"8.81.030 Nonapplicability.
The provisions of this chapter are not applicable to
audible alarms affixed to automobiles, unless the vehicle alarm
is connected to a central monitoring system.
"8.81.040 Alarm business registration.
It is unlawful for any person, partnership, corporation or
firm to own, manage, conduct or carryon an alarm business within
the City of San Bernardino without first having registered with
the police department. Registration is not required for any
business which only sells or leases alarm systems from a fixed
location unless the business services, installs, monitors or
responds to alarm systems at the protected premises.
Registration shall be accomplished by furnishing such information
as may be required by the police department, including but not
limited to, the full name of the business and a copy of its State
issued license. The police department shall notify the alarm
business at the time of such registration that a city business
license is required.
"8.81.060 Notification of Change
Any alarm business registered with the police department
shall immediately report to the Police Chief any change of
address or ownership of the business or the name or business
address of the manager of operations for the area which includes
the City.
JNM:ms/alarm.ord
3
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
.
.
.
"8.81. 070 Alarm system permit.
A. No person shall install or use an alarm system without
first applying for an alarm system permit from the Chief of
police, nor shall a person use an alarm system unless the alarm
system permit remains valid and in effect. The application for
an alarm system permit shall be submitted on a form as prescribed
by the Chief of Police and shall include the address of the
premises wherein the system is to be located and the name,
address and telephone number of the applicant and the person or
business who will render service or repair during any hour of the
day or night, and the type or types of systems to be utilized.
B. A separate permit shall be required for each separate
building; within a mall or other building shared by more than one
business entity, a separate permit shall be required for each
separate business entity. Each separate building or separate
business shall be subject to an alarm permit fee. Robbery alarm
systems and intrusion alarm systems shall each have a separate
permit, but any combination thereof may be included in the same
application and only one fee will be charged for one building or
entity.
C. An annual permit fee will be charged at a rate set by
resolution of the Mayor and Common Council.
"8.81.080 Audible alarm requirements.
A. No person shall install or maintain any audible alarm
or other alarm system which upon actuation emits a sound similar
to sirens in use on emergency vehicles or for civil defense
purposes.
JNM:ms/alarm.ord
4
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
.
.
B. An audible alarm shall contain a means to effect an
automatic turnoff of the alarm within fifteen (15) minutes after
it is first activated.
C. If an audible alarm has emitted an alarm signal in
excess of thirty (30) minutes in anyone-hour period, and the
alarm business or responsible person for the protected premises
has been notified and does not respond, or reasonable efforts of
notification have been made to no avail, the alarm may be
declared a nuisance and the police department may cause such
alarm to be disconnected by a registered alarm agent, the cost
thereof to be charged payable by the alarm user.
"8.81.100 False alarm.
The City shall charge false alarm fees at a rate set by
resolution of the Mayor and Common Council.
8.81.110 Notice of name of servicer or occupant.
A. Every alarm user shall post or cause to be posted a
notice containing the names and telephone numbers of the persons
to be notified to render repairs or service and secure the
premises during any time the alarm is actuated. The notice shall
be posted in such a position as to be readable from the ground
level outside the protected premises.
B. In the event that the responsible person for the
protected premises is requested by the police department to
respond to the premises to render necessary service, such
response and service shall be accomplished promptly.
"8.81.120 Monitoring services.
Every alarm business which monitors an alarm system located
JNM:ms/alarm.ord
5
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
.
.
within the city shall maintain a current listing of all such
alarm systems including the name, address and telephone number of
individuals responsible for the protected premises and shall
provide that information to the police department upon demand.
"8.81.140 Automatic dialing and taped message alarm
systems.
It is unlawful for any person to install, use or cause to
be used any telephonic device which is activated to automatically
select a public telephone line of the city to reproduce a
prerecorded message to report anything requiring urgent attention
and to which police are expected to respond.
"8.81.150 Grounds for revocation of permit - Notices,
surrender of permit, reinstatement.
A. The following shall constitute grounds for revocation
of permit:
1. The failure to observe any of the regulations or other
provisions of this chapter.
2. If the alarm system for which the permit is issued
emits ten (10) or more false alarms within any consecutive three
hundred and sixty-five day period.
3. If the responsible person for a protected premises
refuses to respond promptly when requested by the police
department.
4. The permittee, his employee or agent has knowingly made
a false, misleading or fraudulent statement of a material fact in
the application for a permit, or in any report or record required
to be filed as prescribed by the provisions of this chapter.
JNM:ms/alarm.ord
6
e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
e
.
.
5. If the fees established by this section are not paid
within fifteen days from the date of the invoice rendered for
such fee.
B. The pOlice Chief shall serve the permittee with a
written order of revocation. The order shall state the reason
for revocation and shall be effective immediately if personally
served, or forty-eight hours after it is deposited, Certified
Mail _ Return Receipt Requested, with postage prepaid in the
United states mail.
C. The permittee shall surrender the permit to the pOlice
Chief upon notification of revocation. Any alarm system shall be
forthwith disconnected and cease operating, and shall not be put
into operation until a new permit is issued.
D. Reinstatement of a revoked permit may be granted after
compliance with one of the following:
1. Full correction of the deficiencies in the alarm
system, that correction documented in writing and submitted to
the Chief of police showing that:
a. Mechanical malfunctions have been corrected, proof
being from the alarm business, or
b. User errors have been corrected, proof being from
the alarm user, or
c. Installation of a new alarm by a different alarm
business, proof being from the new alarm business.
2. In the case where the correction is made as set forth
in subsection (l)(a) or (l)(b) of this section, the Chief of
pOlice will order a technical inspection by a qualified person to
JNM:ms/alarm.ord
7
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
.
.
.
determine whether the deficiencies have been corrected, in which
event a one hundred dollar ($100) inspection fee shall be paid
prior to the grant of a new permit at that location.
3. A formal appeal of the order of revocation may be made
within fifteen days of the date of revocation by filing a Notice
of Appeal with the office of the City Administrator, City Hall,
300 No. "D" street, Sixth Floor, San Bernardino, California,
92401. The City Administrator shall render a decision on the
appeal within ten days following receipt of the appeal, with
notice to the appellant and Police Chief. The City
Administrator's decision on the revocation shall be final and
non-appealable.
E. Upon reinstatement, a new alarm system permit shall be
issued as set forth in Section (8.81.070) of this chapter.
"8.81.160 Enforcement
A. Any person, firm or corporation violating any provision
of this chapter is guilty of an infraction, which upon conviction
thereof, is punishable in accordance with the provisions of
Section 1.12.010 of this Code. Revocation of a permit is not a
defense against prosecution.
B. The Police Chief shall have the authority to institute
an immediate no-response policy for violation of any portion of
this ordinance. Such no-response policy will be taken only after
written notice has been given to the alarm user.
"8.81.170 Fines.
The fines assessed in this Chapter shall be made payable to
the City of San Bernardino. The Finance Department shall be
JNM:ms/alarm.ord
8
e
e
1
2
3
4
5
6
7
8
9
10
11
12
.
.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.81 OF
THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SECURITY ALARM
SYSTEMS.
responsible for account maintenance and collection.
"8.81.180 Permit not transferrable.
No alarm permit issued under the provisions of this Chapter
shall be assignable or transferable."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
the
day of
, 1991, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
13 ESTRADA
16 MAUDSLEY
17 MINOR
18 POPE-LUDLAM
19 MILLER
14
15
20
21
22
23
26
e 27
28
REILLY
FLORES
City Clerk
of
The foregoing ordinance is hereby approved this
, 1991.
day
w. R. Holcomb, Mayor
24 City of San Bernardino
Approved as to
25 form and legal content:
9