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. CITY OF SAN BERt4A-RDINO - REQUEST FOR COUNCIL ACTION
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From:
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Daniel A. Robbins, Chief of Police
Subject:
RESOLUTION OF THE CITY OF SAN BERNARDINO
ADOPTING ALARM PERMIT FEE AND FALSE
ALARM FINES FOR ALARMS IN THE CITY OF
SAN BERNARDINO AND REPEALING RESOLUTION
NO. 91-167.
Dept:
Police Department
Date:
June 3, 1992
Synopsis of Previous Council action:
3-11-91 Chapter 8.81 of the Municipal Code relating to security alarm systems adopted
(after being re~written to permit fines for false alarms as set by resolution).
(Ordinance No. MC-773.)
5-6-91 Resolution No. 91-167 (which est~blishes an annual renewal fee and the fine
schedule) adopted.
Recommen-:led motion:
Adopt new resolution.
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I- ~ Signature
Contact person: Sherri e Guerrero. Commun ity Programs
Phone:
~R4-57?4
Supporting data attached: Yp<
Ward:
FUNDING REQUIREMENTS: Amount:
Sou rce:
Finance:
Council Notes:
Agenda I tem No.
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75-0262
. CITY OF SAN BER~RDINO - REQUEST F~ COUNCIL ACTION
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STAFF REPORT
PROBLEM:
The alarm ordinance as presently written allows the Police
Department to charge for a permit fee on an annual basis and fine
for excessive false alarms as outlined in Resolution 91-167. Many
citizen complaints (about the annual renewal, not the fines) have
prompted a review of the ordinance by the Legislative Review
Committee who, in turn, requested that the ordinance or resolution
setting the fees be modified.
RECOMMENDATION:
The Mayor and Common Council approve the new resolution setting
alarm fines and eliminating annual renewal of alarm permits and
repeal Resolution No. 91-167.
FINDINGS:
1. The alarm ordinance itself does not need to be altered. The
resolution setting the fees also establishes the annual
renewal process. This resolution has been rewritten and is
attached.
2. The most vocal group in opposition to the annual permit
renewal has been senior citizens on a fixed income. A
"moderate income" exception has been written into the
resolution. The permit fee and alarm fines are less, but all
other portions of the alarm ordinance apply. Although senior
citizens have been more vociferous, this moderate income
exception is available to all city residents who meet the
criteria.
3. As written, the resolution is difficult to understand with
respect to when fines are charged for false alarms. The
resolution has been significantly modified for two reasons:
A. It will be easier for the public to understand.
B. It will make enforcement and administration of the
ordinance more efficient.
4. Richard Murillo of the City Attorney's Office has reviewed the
resolution and has approved it as written.
75-0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING ALARM
PERMIT FEE AND FALSE ALARM FINES FOR ALARMS IN THE CITY OF
3 SAN BERNARDINO AND REPEALING RESOLUTION NO. 91-167.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Pursuant to the authority of section 8.81.070,
a permit fee will be charged at the time of application as
follows:
Residential alarm system
$25.00
Commercial alarm system
$50.00
SECTION 2.
Pursuant to the authority of section 8.81.100,
false alarm fines shall be paid to the City according to the
following schedule:
1. Intrusion alarms which prove to be false received by the
San Bernardino Police Department from alarm systems shall be
fined as follows:
4th false alarm
$50.00
$50.00
5th false alarm
6th and subsequent false alarm/s
$100.00
2. Robbery or panic alarms which prove to be false received
by the San Bernardino Police Department from alarm systems
shall be fined as follows:
4th false alarm
$100.00
$100.00
$200.00
5th false alarm
6th and subsequent false alarm/s
3. Alarm fines will be assessed as follows:
A. On the 4th and subsequent intrusion alarm which
proves to be false within a 365-day period the subscriber
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RESOLUTION . . . ADOPTING ALARM PERMIT FEES AND FALSE ALARM
FINES AND REPEALING RESOLUTION NO. 91-167.
will be fined as defined in paragraph 1 of this section.
B. On the 4th and subsequent robbery or panic alarm
which proves to be false within a 365-day period the
subscriber will be fined as defined in paragraph 2 of this
section.
C.
The 365-day period is defined as being from January
9 1 through December 31 of the respective year. On each
10 January 1, all alarm accounts will begin with no false
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alarms on their record. This does not, however, excuse past
fines or permit fees that may be owed and is strictly for
record-keeping purposes.
D. A 15% late charge will apply on all permit fees and
alarm fines not paid within 30 days from the date of
issuance or billing.
Overdue fees and fines will be
referred to the Finance Department of the City of San
Bernardino for collection.
SECTION 3.
A separate fee schedule shall be adhered to for
those citizens with income below $15,000 for a one-person
household and $20,000 for a two-person household who apply
for a residential alarm permit. Commercial alarm permits
are excepted from this fee schedule.
shall be submitted to verify income.
Suitable evidence
1. Permit fee (residential only)
$10.00
2. Intrusion alarms which prove to be false received by the
San Bernardino Police Department from alarm systems shall be
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RESOLUTION . . . ADOPTING ALARM PERMIT FEE AND FALSE ALARM
FINES AND REPEALING RESOLUTION NO. 91-167.
fined as follows:
4th false alarm
$10.00
$10.00
$20.00
5th false alarm
6th and subsequent false alarm/s
3. Robbery or panic alarms which prove to be false received
by the San Bernardino Police Department from alarm systems
shall be fined as follows:
4th false alarm
$20.00
$20.00
$40.00
5th false alarm
6th and subsequent false alarm/s
13 4. All other provisions of this alarm ordinance as written
14 will apply to those citizens eligible for this fee schedule.
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SECTION 4.
Resolution No. 91-167 is hereby repealed.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
the day of
vote, to wit:
, 1992, by the following
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1 RESOLUTION . . . ALARM PERMIT FEE AND FALSE ALARM
2 FINES AND REPEALING RESOLUTION NO. 91-167
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COUNCIL MEMBERS
AYES
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing resolution is hereby approved this
of
, 1992.
day
Approved as to
form and legal content:
JAMES F. PENMAN,
21 City Attorney
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By: <-"7.:. "'.~
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W. R. Holcomb, Mayor
City of San Bernardino
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