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HomeMy WebLinkAboutOrdinance No 3273, Resolution 6656 - Adopt New False Burglar REQUEST FOR CITY COUNCIL ACTION Date 11/21/94 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administratorii, Prepared by: Ronald E. Lowenberg, Chief of Police # APPROVED BY CITY COUNCIL ik jo/c 424. Subject: FALSE BURGLAR ALARMS / /ILA / i C C K /. Consistent with Council Policy [ ] [ ] New Policy or Exception ,fie *Of o 3.273 1 e 46 ard r / d9 Statement of Issue,Recommended Action,Analysis,Funding Source,Alternative Actions,Attachments 641 STATEMENT OF ISSUE Excessive false burglar alarms adversely affect the ability of the Police Department to provide needed service to the community. RECOMMENDED ACTION Amend Ordinance No. 3121 and Resolution No. 6314 to reflect the new fees and procedures as stated on Page Two of this report. ANALYSIS In the late 1950's, with crime on the rise, the insurance industry realized that if the police knew where crime was occurring, criminals would be apprehended; cities would be safer; businesses would be more profitable; and the cost associated with insurance claims would be minimized. To further this concept, the insurance industry formed an alliance with the alarm industry, and together, through the Underwriter's Laboratories, they designed and developed the forerunners to the modern alarm system. Today, the alarm industry is a multi-billon dollar business that has enjoyed phenomenal growth. In the United States there are an estimated ten million alarm users. There are approximately 9,000 active alarm systems in the City of Huntington Beach. Naturally, with this growth a number of unanticipated problems have developed. In calendar year 1993,the police department responded to 116,727 calls for service.1 Of these calls, 9,441 were alarm calls representing roughly eight percent of all calls for service. Unfortunately, 98 percent of these alarm calls were false. This means that the police department responded 9,252 times to calls where no crime had occurred, costing taxpayers an estimated $800,000.2 Priorities one,two and three. (Outside calls) 2 Together,false alarm calls and false 911 calls represent 16 percent of all calls for service costing taxpayers an estimated$1,600,000 v 0- 2- 2 Due to limited resources, the police department cannot continue to absorb these ever-increasing alarm calls. Certainly, the city's tax-payers cannot continue to subsidize the alarm industry when 98 percent of all alarm activations are false. In most cases,the alarm user contracts with an alarm company to install a business or residential alarm. Once installed,the alarm user pays a monthly recurrent fee to the alarm company or a monitoring company. Generally when the alarm activates,the monitoring company calls the alarm location to verify the alarm activation. If a person answers the telephone,they are asked to provide their user's account number. If the proper account number is given,the call is canceled. If the proper account number is not known or there is no answer,the police will be dispatched. Activations that result in police response are, in large part, due to user error. Realizing the need to minimize these errors, the Huntington Beach Police Department created a municipal ordinance designed to regulate the use of alarm systems. To enforce this ordinance,the Police Department established the Alarm Office which is charged with the responsibility of educating and penalizing those alarm users that violate the city ordinance. In calendar year 1993,the alarm office processed 6,304 false alarms, generating fines in excess of$200,000. It is important to note that of the 7,931 alarm systems in the City of Huntington Beach: • 5,063 alarm systems registered NO false activations; • 1,597 alarm systems registered ONE false activation; • 629 alarm systems registered TWO false activations; • Only 642 alarm systems registered THREE or MORE false activations. Clearly,these figures show that only 36 percent of all alarm users are responsible for 87 percent of all false alarm activations, strongly indicating that the habitual violator is a major part of the problem.3 In order to impact these habitual violators,the police department recommends that the municipal ordinance be amended in the following manner: • For the initial false alarm, or first false alarm, in a twelve month period,the system user will receive an"Alarm Card," (exhibit attached,to be revised subject to requested ordinance change); • The second false alarm in any twelve month period would receive an additional alarm card; • For the third false alarm in any 12 month period,the system user would incur a$50.00 fine; • For the fourth false alarm in any 12 month period,the alarm system user would incur a $100.00 fine; • For the fifth- $150; • For the sixth- $300; 3 Any discrepancy in the totals is a result of recisions and the department policy of only counting one alarm for multiple activations in a seventy-two hour period. 3 • For the seventh- $400; • For the eighth false alarm in a 12 month period,the alarm system user would incur a$500 fine and be subject to a non-response disposition from the police department. 4 • Require alarm and/or monitoring companies to verify all alarm activations prior to dispatching the police. Verification can be accomplished by secondary activation devices, television cameras, or simply having a person at the location check the system. • Amend the ordinance to count only one false alarm in a 24-hour period when multiple activations are received, rather than the existing one count in a 72-hour period as the ordinance now reads. • Amend the ordinance to require permits to be renewed annually. We have found that our emergency information is more accurate and current than most alarm companies. By renewing permits annually we will be receiving this information annually and be able to update our files more often. It also aids in finding those alarms that are no longer in service and/or the protected property has changed owners, alarm companies or phone numbers. • Amend the ordinance to prohibit automatic dialing devices. No alarms are allowed to terminate in the police department and especially those that initiate a recorded message indicating an alarm condition. Those devices that dial the police department and attempt to transmit a recorded message can misdial,reach a busy signal, and in the worst condition,trip and restore and virtually tie-up an incoming emergency phone line. These systems are on older and outdated systems. FUNDING SOURCE N/A ALTERNATIVE ACTION Do not approve the resolution. REL:JBP:bmr Attachments: (1) False Alarm Chart (2) Proposed New Resolution (3) Alarm Card System(to be amended to reflect new fee structure). 4 Based on past statistics it is evident that less than ten percent of alarm users incur fines. ' 'c.4 1feGe•=eit - ' 2 /rii 3 ORDINANCE NO. , 3273 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.56 OF THE MUNICIPAL CODE • PERTAINING TO BURGLAR ALARMS • NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain: • SECTION 1: That Section 5.56.040 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby,amended to read as follows: 5.56.040 Permit required. (a) Alarm system. No person shall install or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter. (b) It will be the responsibility of the alarm company, and/or the user of an alarm system, to ensure that an original permit has been obtained prior to activation of the.system. Failure to do so may constitute grounds to revoke the alarm company's right to install, service and/or monitor alarm systems in Huntington Beach. In the event an alarm permit is not obtained, and after an alarm system user has been notified by mail or by personal service to obtain an alarm system permit, they will be given thirty (30) days to comply or the alarm system will be placed on nonresponse. (c) Audible alarm requirements. Every person, corporation, or business maintaining an audible alarm shall post a notice containing the name(s) and telephone number(s) of the person(s) to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm system is activated. Such notice shall be posted near the alarm in such a position as to be legible from ground level adjacent to the building where the alarm system is located. (d) Alarm companies and/or their monitoring services shall first attempt to verify all alarm activations prior to requesting the police be dispatched. Verification can be accomplished by secondary activation devices, television cameras, telephonic inquiry, or by having a person at the location of the alarm check the system. SECTION 2: That Section 5.56.060 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.060 Permit procedures--Fee. Applications for permits, required hereunder, shall be filed, together with payment of a fee established by resolution of the City Council, with the Chief of Police on forms furnished by him containing necessary information to evaluate and act upon the application including, but not limited to, the name, address and telephone number of the person who will render service or repairs during any hour of the day or night. All permits shall be renewed annually. It shall be the responsibility of the permittee 1 3/k/ordina/556/11/2/94 - • to apply for renewal of the permit at least ten (10) days prior to the expiration of any existing permit. • SECTION 3: That Section 5.56.100 of Chapter 5.56 of the Huntington Beach • Municipal Code is hereby amended to read as follows: 5.56.100 False alarm--Prevention payment. (a) When the emergency alarms, messages, signals or notices received by the Police Department which show a failure to comply with the . requirements of this chapter, the Chief of Police may demand that the • owner or lessee disconnect the alarm system until it is made to comply with such requirements. (b) The owner or lessee of any alarm system which has caused any signal, message, or alarm to be transmitted to the Police Department, either by direct telephone or other direct communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, and which is proved to be a false alarm, shall pay a false alarm prevention fee, established by resolution of the City Council, as follows: (1) For false alarms in excess of two (2) received in a twelve (12) month period the owner or lessee shall be assessed a fee for each such alarm, and the fee shall be increased for each subsequent false alarm received in a twelve (12) month period. • The permittee shall only be charged with one (1) false alarm in any twenty-four (24) hour period. This allows the permittees adequate time to notify their alarm servicing company and have any repairs, replacement, or adjustments implemented prior to being charged another false alarm. (2) Any false alarm indicating robbery is occurring (a violation of California Penal Code Section 211); however, "residential," "panic" or "hold up" false alarms, classified as 927A, Unknown Trouble Residential Alarm, will be considered as regular false alarms (459's) for fine calculations. (3) For false alarms in excess of seven (7) received in a twelve (12) month period by the Police Department, the property owner or lessee, and the systems alarm servicing company shall be notified in writing that the system is to be placed on a nonresponse status and the permit shall be revoked if the problem is not resolved within fifteen (15) days. (c) Exception. If the user shows that the false alarms were the result of conditions beyond his control and not the result of negligence on his part or that of his employees and he demonstrate that he neither knew of the defect in the alarm system, nor in the exercise of due care, should have known of such defect, such alarm shall not be deemed a "false alarm"within the meaning of this chapter. (Thereupon, a fifteen (15) day adjustment period to 2 3/k/ordina/556/11/2/94 correct mechanical problems may be allowed for any new, improved or replaced alarm system.) SECTION 4: That Section 5.56.170 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.170 Application of chapter. Any person who, on the effective date of this chapter, possesses, has installed, or uses an alarm system which requires a permit under the provisions hereof, shall apply for a permit, as provided herein, within ninety (90) days after the effective date of this chapter. SECTION 5: That Section 5.56.190 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby repealed in its entirety. SECTION 6: That Section 5.56.200 of Chapter 5.56 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.56.200 Penalties for violation. Any person who violates or wilfully fails to comply with any section in this chapter is guilty of an INFRACTION except where expressly provided, and upon conviction thereof shall be punished by a fine not to exceed $500, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. SECTION 7: That Chapter 5.56 of the Huntington Beach Municipal Code is hereby expanded by adding Sections 5.56.210, 5.56.220, 5.56.230 and 5.56.240; said sections to read as follows: 5.56.210 Automatic Dialing Devices. It shall be unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city, and it shall be unlawful for an alarm user to fail to disconnect or re- • program such device within twelve (12) hours of receipt of notice from the Police Department that an automatic dialer is so programmed. 5.56.220 Enforcement provision. The Police Department is directed to administer and enforce the provisions of this chapter. • 5.56.230 Constitutionality. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, • phrase, or portions thereof, and amendments thereto, irrespective of the fact ' that any one or more sections, subsections, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional. 5.56.240 Adoption/Repeal. Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecution for violation of ordinances which violations were committed prior to the effective date hereof, 3 3/k/ordina/556/11/2/94 r nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license or penalty of the penal provisions applicable to any violation thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 8. All other sections Chapter 5.56 shall remain as originally enacted. SECTION 9. This ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 19th day of December , 1994. ATTES : r • Mayer /? City Clerk APPROVED AS TO FORM: RE E D V A/2 f�� City Attorney Viirvirs ity Administrat INITI AND APPR • ief of Police • • • 4 3/k/ordina/556/11/2/94 Ord. No. 3273 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: • • CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said • City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at an regular meeting thereof held on the 5th day of December, • 1994, and was again read to said City Council at a regular meeting thereof held • on the 19th of December, 1994, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. • AYES: Councilmembers: Silva, Bauer,Robitaille,Sullivan, Leipzig, Dettloff, Green, Garofalo • NOES: Councilmembers: None • ABSENT: Councilmembers: None • City Clerk and ex-officio k of the City Council of the City • of Huntington Beach, California • free -,'r/e ui/ adofed • • • • RESOLUTION NO. 6 6 5 6' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR BURGLAR ALARM BUSINESSES AND ALARM SYSTEM SUBSCRIBERS • • WHEREAS, the Huntington Beach Municipal Code, Chapter 5.56 provides that the City Council, by resolution, shall establish fees to be charged for issuance of annual permits to burglar alarm businesses and alarm system subscribers, together with false alarm prevention fees, • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the following fees shall be charged for the issuance of burglar alarm permits and false alarm prevention: • (a) Annual permit issuance $30 . • • (b) False alarm prevention fee • For the first false alarm, in a twelve month period, the system user will receive an "Alarm Card" • • For the second false alarm in a twelve month period, an additional alarm card is issued. • • For the third false alarm in any 12 month period $50 fine • For the fourth false alarm in any 12 month period $100 fine • For the fifth false alarm in any 12 month period $150 fine • • • For the sixth false alarm in any 12 month period . $300 fine • For the seventh false alarm in any 12 month $400 fine period • For the eighth false alarm in any 12 month period $500 fine plus non-response disposition from the police department • • 3/k/burglr/11/3/94 1 ' • • This resolution shall become operative on the effective date of Ordinance No. 6656 . ' PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 5th day of December , 1994. • . K;7;- A T: azioricwaff) Mayorr, APPROVED ASTO FORM: City Clerk / SO/4. A/4.,-TTh REV D APPR VED /fele Ci`yAtp mey earrad// /,,y e INITI .D AND APP"O ED: `City Administra or hief of Police • • • • 3/k/burglr/11/3/94 2 Res. No. 6656 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss:. CITY OF HUNTINGTON BEACH ) • I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 5th of December, 1994 the following vote: • AYES: Councilmembers: Silva,Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None 0 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California A Attachment (1) #FALSE ALARMS COMMERCIAL RESIDENTIAL EXEMPT4 UNCLASSIFIED5 TOTAL 0 864 3498 25 676 5063 1 420 730 11 436 1597 2 243 272 4 110 629 3 143 123 6 46 318 4 77 45 3 15 140 5 45 22 0 7 74 6 23. 4 2 4 33 7 16 2 2 4 24 8 11 0 0 1 12 9 9 2 2 0 13 10 10 0 0 0 10 10+ 17 0 1 0 18 TOTAL 1878 4698 56 1299 7391 4 Schools,Post Offices,Libraries,Government entities. 5 Alarm systems that have not been classified"Commercial,""Residential,"or"Exempt." . ._ - - -.--.- - . --- -;_ --- - - - - Attachment 3) - - •;, p - _ -CITY OF HUNTINGTON BEACH ;, �,. _ CITY-OF HUNTINGTON BEACH _ - -in POLICE DEPARTMENT `fa POLICE DEPARTMENT _ . -2000 MAIN ST. HUNTINGTON BEACH, CA 92&48 - 2000 MAIN ST. --HUNTINGTON BEACH, CA-92648 - DATE: TIME: DATE: TIME: • - - THIS IS TO INFORM YOU THAT: - THIS IS TO INFORM YOU THAI': _ - OFFICERS RESPONDED TO YOUR ALARM. _ -_ - OFFICERS RESPONDED TO YOUR ALARM. - - - • - YOU SHOULD'CONTACTYOUR ALARM COMPANY. _ -- - YOU SHOULD CONTACT YOUR ALARM COMPANY. " • _ _ - ALL ALAR SYSTEMS REQUIRE PERMITS. - ALL ALARM SYSTEMS REQUIRE PERMITS. - - -. - OVER TIIRre3)FALSE ALARMS IN ANY TWELVE(12) . - - OVER THREE(3)FALSE ALARMS IN ANY TWELVE(12) - _ - -- MONTH PERIOD WILL RESULT IN A FINE. - MONTH PERIOD WILL RESULT IN A FINE. - - *ANY QUESTIONS,PLEASE CALL(714)960-8805. *ANY QUESTIONS,PLEASE CALL(714)960-8805. _ REPEATED VIOLATIONS WILL RESULT REPEATED VIOLATIONS WILL RESULT IN NON-RESPONSE STATUS IN NON-RESPONSE STATUS a, ® CITY OF HUNTINGTON BEACH- r;, ,,,,. CITY OF HUNTINGTON BEACH - - :-- - 0 p POLICE DEPARTMENT lfatg POLICE DEPARTMENT = 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 - _ DATE: - TIME: • DATE: - TIME: - THI—S IS'TO INFORM YOU THAT:- _ -- THIS IS TO INFORM YOU THAT: ' - OFFICERS RESPONDED TO YOUR ALARM. -. - - OFFICERS RESPONDED-TO YOUR ALARM. • - YOU SHOULD CONTACT YOUR ALARM COMPANY. . - YOU SHOULD CONTACT YOUR ALARM COMPANY. _ - -- ALL ALARM SYSTEMS REQUIRE PERMITS. - -- ALL.ALARM SYSTEMS REQUIRE PERMITS. - - - OVER.THHREE(3)FALSE ALARMS IN ANY TWELVE(12)• -. - OVER THREE(3)FALSE ALARMS IN ANY TWELVE(12) - MONTH PERIOD WILL RESULT IN A FINE. MONTH PERIOD WILL RESULT IN A FINE. *ANY QUESTIONS,PLEASE CALL(714)960-8805. - - *ANY QUESTIONS,PLEASE CALL(714)960-8805. . - • REPEATED VIOLATIONS WILL RESULT REPEATED VIOLATIONS WILL RESULT IN NON-RESPONSE STATUS - - . _' - IN NON-RESPONSE STATUS • • ,,s r:CITY OF HUNTINGTON BEACH ,R CITY OF HUNTINGTON BEACH- L L POLICE DEPARTMENT - _ l POLICE DEPARTMENT - . _. - - . 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 • 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 - - DATE: TIME: DATE: - TIME: THIS IS TO INFORM YOU THAT: - THIS IS TO INFORM YOU.THAT: -. - OFFICERS RESPONDED TO YOUR ALARM. - OFFICERS RESPONDED TO YOUR ALARM. - -- - - - YOU SHOULD CONTACT YOUR ALARM COMPANY. - YOU SHOULD CONTACT YOUR ALARM COMPANY. - ALL ALARM SYSTEMS REQUIRE PERMITS. - ALL ALARM SYSTEMS REQUIRE PERMITS. - OVER THREE(3)FALSE ALARMS IN ANY TWELVE(12) - - - OVER THREE(3)FALSE ALARMS IN ANY TWELVE(12) MONTH PERIOD WILL RESULT IN A FINE. MONTH PERIOD WILL RESULT IN A FINE. *ANY QUESTIONS,PLEASE CALL(714)-960-8805. ,' *ANY QUESTIONS,PLEASE CALL(714)960-8805. • REPEATED VIOLATIONS WILL RESULT - REPEATED VIOLATIONS WILL RESULT IN NON-RESPONSE STATUS IN NON-RESPONSE STATUS •4, © CITY OF HUNTINGTON BEACH ;, in CITY OF HUNTINGTON BEACH Ea POLICE DEPARTMENT WI POLICE DEPARTMENT - - - . - 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 DATE: TIME: DATE: ' TIME: THIS IS TO INFORM YOU THAT: ' THIS IS TO INFORM YOU THAT: - OFFICERS RESPONDED-TO YOUR ALARM. - - OFFICERS RESPONDED TO YOUR ALARM. - - - YOU SHOULD CONTACT YOUR ALARM COMPANY. - YOU SHOULD CONTACT YOUR ALARM COMPANY. - ALL ALARM SYSTEMS REQUIRE PERMITS.* _ - ALL ALARM SYSTEMS•REQUIRE PERMITS. - - OVER THREE(3)FALSE ALARMS IN ANY TWELVE(12) - .• . - OVER THREE(3)FALSE ALARMS IN ANY TWELVE(12) MONTH PERIOD WILL RESULT IN A FINE. MONTH PERIOD WILL RESULT IN A FINE. *ANY QUESTIONS,PLEASE CALL(714)960-8805. *ANY QUESTIONS,PLEASE CALL(714)960-8805. REPEATED VIOLATIONS_WILL RESULT - REPEATED VIOLATIONS WILL RESULT._ IN NON-RESPONSE STATUS - - . . - IN NON-RESPONSE STATUS-. • - _ - • IA en CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: MICHAEL T. UBERUAGA From: RONALD E. LOWENBERG( City Administrator Chief of Police Subject: New False Burglar Alarm Date: November 29, 1994 Ordinance Council approved the current alarm ordinance designed to regulate the use of alarm systems in an effort to reduce false alarms. In essence, it allows three false alarms in a twelve month period without penalty. The fourth, fifth and sixth false alarms are fined at a rate of fifty dollars each and any alarms in excess of six are fined at a rate of one hundred dollars each. More than ten false alarms places the alarm subscriber in a non-response status. Unfortunately, it is important to note, that under the current ordinance additional false alarms in a seventy-two hour period are being counted as one false alarm. Consequently, officers are responding to the same location numerous times with no penalty incurred because of this seventy-two hour rule. Because of the increasing demands on police services and the growing number of alarm system installations, the department undertook a study to determine false alarm frequency. It was found that 87% of the false alarm activations were caused by 36% of the users, indicating that the habitual violator is the problem. It is obvious that the current alarm ordinance or its enforcement is not addressing the repetitive false alarm activations. This is in part due to the repeat false alarms within the seventy-two hour period which are not counted as violations and the difficulty in enforcing the non-response status for those subscribers that are not cooperating with the intent of the ordinance. Our study, combined with the findings of other cities, found that if the fines are significantly increased for those repeat false alarms, there is a notable decrease in the number of false alarms, deterring that subscriber from reaching a non-response status. Fewer non-response status' will enable us to better enforce the ordinance and allows us to effectively utilize our resources to better serve those where true emergencies exist. The new ordinance proposes the following changes: 1) A progressively significant fine increase for false alarm occurrences. 2) Reduce the seventy-two hour period to a twenty-four hour period. 3) Renew residential permits annually in an effort to update emergency information. 4) A strict enforcement of the non-response disposition after the eighth false alarm occurrence within a twelve month period. 5) Require the alarm company to verify alarm activations prior to contacting the police. 6) Prohibits the use of automatic dialing devices from dialing the police department, directly. The current false alarm ordinance generated $200, 000 last year. It is anticipated that the new ordinance will initially generate more revenue. However, our purpose for this new ordinance is to better utilize our resources and to reduce the number of false alarms. Other cities have shown that this revenue will decline in future years with an effectively enforced alarm ordinance. The anticipated savings will be measured by the improved utilization of our police officer's time. LEGISLATIVE DRAFT Chapter 5.56 BURGLAR ALARMS Sections: 5.56.010 Purpose 5.56.020 Definitions 5.56.030 Registration required 5.56.040 Permit required 5.56.050 Exemptions 5.56.060 Permit procedures--Fees 5.56.070 Notice of change 5.56.080 Permit revocation 5.56.090 Appeal to City Council 5.56.100 False alarm--Prevention payment 5.56.110 Permit nontransferable 5.56.120 Automatic shutoff requirements--Audible 5.56.130 Repair 5.56.140 Testing alarm 5.56.150 Prohibitions 5.56.160 Limitation on liability 5.56.170 Application of chapter 5.56.180 Right of entry 5.56.190 Enforcement provision 5.56.200 Penalties for violation 5.56.210 Automatic Dialing.Devices 5.56.220 Enforcement provision 5.56.230 Constitutionality. 5.56.240 Adoption/Repeal. 5.56.010 Purpose. The public has purchased burglary and robbery alarm systems which either mechanically malfunction or are not operated properly by their users, causing an increase in false alarm reports which require a response from the Police Department, thus needlessly diverting limited police resources. The purpose of this chapter is to set forth the regulations governing the use of burglary and robbery alarm systems, the requirement for permits and the establishment of fees and penalties for violations. (2025-1/76, 2486-6/81, 3121-1/92) 5.56.020 Definitions. (3121-1/92) (a) "Alarm system" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility, or for alerting others of the commission of an unlawful act within a building, structure or facility, or both, and which emits a sound or transmits a signal or message when activated. Alarm systems include, but are not limited to, indirect digital dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible, or perceptible outside of the protected building, structure or facility are not included within this definition nor are telephone devices or auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. (3121-1/92) (b) "Applicant" means a person, firm, or corporation who or which files an application for a permit as provided in this chapter. (3121-1/92) 1 3/k/legis/mc556/11/2/94 (c) "Audible alarm" means that type of alarm system which, when activated, emits an audible alarm. (3121-1/92) (d) "False alarm" means an alarm signal which requires police response where an emergency situation does not exist. (3121-1/92) (e) "Nonresponse status" shall mean that category in which an alarm system is placed as a result of permit suspension or revocation; therefore, the Police Department will not respond to the alarm system. (3121-1/92) (f) "Notice" means written notice, served personally or mailed, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be deemed effected upon completion of personal service or upon deposit of such notice in the United States mail. (3121-1/92) (g) "Permittee" means any person, firm, partnership, association, or corporation who or which shall be granted a permit, as provided herein, and his or its agents and representatives. (3121-1/92) (h) "Proprietor alarm" means an alarm which is not serviced by an alarm business. (3121-1/92) (i) "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 from an alarm business. (2025-1/76, 2486-6/81, 3121-1/92) (j) "Signal channel" means a telephone line or other method of transmitting signals other than by the use of a telephone, which signal channels shall be caused to be installed and used by the permittee for the purpose of delivering a signal to the monitor. (3121-1/92) (k) "Standards, regulations, requirements and duties" means the minimum standards and regulations for the construction and maintenance of all alarm systems installed within the City, as prescribed by the Chief of Police, and adopted by resolution of the City Council. All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The Police Chief may require inspection and approval of all alarm systems installed within the City. (3121-1/92) 5.56.030 Registration required. No person shall engage in, manage, conduct or operate an alarm business in the City of Huntington Beach without first registering with the City license division on appropriate forms, and providing the following information: (3121-1/92) (a) Name of the business, and if a corporation, its name, date and place of incorporation and address of its principal place of business, together with the name and business telephone number of the owner or manager. (3121-1/92) (b) A list of the addresses, business and emergency telephone numbers of all central stations handling accounts in the City. (3121-1/92) (c) A list of all subscribers, both private and commercial, together with the addresses where alarm systems have been installed, updated as new installations are added. (3121-1/92) Such registration shall be accompanied by a file copy of the alarm company operator's state identification card. (2176-3/77, 2304-9/78, 2486-6/81, 3121-1/92) 5.56.040 Permit required. (3121-1/92) (a) Alarm system. No person shall install or use an alarm system without first applying for and receiving an alarm permit therefor in accordance with the provisions of this chapter. 2 3/k/legis/mc5 56/11/2/94 Residential permits shall be in effect as long as permittcc resides at the residence for which permmit was-granted.-Other--permits -shall-be-renew lly, (3121-1/92) (b) It will be the responsibility of the alarm company, and/or the user of an alarm system, to ensure that an original permit has been obtained prior to activation of the system. Failure to do so may constitute grounds to revoke the alarm company's right to install, service and/or monitor alarm systems in Huntington Beach. In the event an alarm permit is not obtained, and after an alarm system user has been notified by mail or by personal service to obtain an alarm system permit, they will be given thirty (30) days to comply or the alarm system will be placed on nonresponse. (3121-1/92) (c) Audible alarm requirements. Every person, corporation, or business maintaining an audible alarm shall post a notice containing the name(s) and telephone number(s) of the person(s) to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm system is activated. Such notice shall be posted near the alarm in such a position as to be legible from ground level adjacent to the building where the alarm system is located. (2486-6/81, 2593-2/83, 3121/1/92, 3121-1/92) (d) Alarm companies and/or their monitoring services shall first attempt to verify all alarm activations prior to requesting the police be dispatched. Verification can be accomplished by secondary activation devices, television cameras, telephonic inquiry, or by having a person at the location of the alarm check the system. 5.56.050 Exemptions. The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles or to a public utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California public utilities commission. (2486-6/81, 3121-1/92) 5.56.060 Permit procedures--Fee. Applications for permits, required hereunder, shall be filed, together with payment of a fee established by resolution of the City Council, with the Chief of Police on forms furnished by him containing necessary information to evaluate and act upon the application including, but not limited to, the name, address and telephone number of the person who will render service or repairs during any hour of the day or night. Remits-for-residential e subject to an annual fee. All permits shal be renewed annually. It shall be the responsibility of the permittee to apply for renewal of the permit at least ten (10) days prior to the expiration of any existing permit. (3121-1/92) days prior to the expiration of any existing permit. (2486-6/81, 2593-2/83, 3121-1/92) 5.56.070 Notice of change. Whenever any change occurs relating to the written information required on application forms, the applicant or permittee shall give written notice thereof to the Chief of Police within a reasonable time not to exceed ten (10) days after such change or at any hearing conducted under the provisions of this chapter if such hearing is conducted before the notice required has been given. (2486-6/81, 3121-1/92) 5.56.080 Permit revocation. Upon evidence that any provision of this chapter has been violated, and written notice (of revocation) thereof has been served upon the permittee, either by personal service or by regular mail, the Chief of Police may suspend an alarm permit for a period of fifteen (15) days, beginning on date of personal service or the day after mailing, during which time such alarm system shall not be used and shall be placed on nonresponse status. (3121-1/92) 3 3/k/legis/mc556/11/2/94 t• ' The failure of permittee to repair, replace or operate the system propel y, or to pay the alarm permit fee and/or the false alarm prevention fees within the fifteen (15) day period, or to file an appeal to the City Council, as provided in this chapter, shall cause the suspended permit to be revoked and the alarm system shall be placed on nonresponse status and shall not be used until a new permit has been issued and all outstanding fines and permit fees have been paid. (2486-6/81, 3121-1/92) However, an alarm system placed on nonresponse status may be reinstated to full response status by complying with the City Alarm Ordinance. To reinstate to full response status, the permittee shall show evidence that the system has been repaired, replaced and/or that the persons who have been operating the system improperly have been duly trained and instructed in the proper operation of the system. The evidence shall consist of work orders, canceled checks, or adequate proof of training and instruction. (3121-1/92) 5.56.090 Appeal to City Council. Within the fifteen (15) day suspension period, the permittee may appeal to the City Council by filing with the City Clerk a statement, addressed to the City Council, setting forth the facts and circumstances regarding the action to the Chief of Police. (3121-1/92) The City Clerk shall cause the appeal to be placed on the next available City Council agenda and notify the appellant. The City Council shall consider the appeal and may affirm, overrule, or modify the decision of the Chief of Police. The Council may appoint a Hearing Officer, who shall gather the facts, listen to argument and prepare a report and recommendation to the Council. The Hearing Officer may be a City employee. The City Council may accept, reject, or modify the officer's recommendation or seek a further report. The decision of the City Council shall be final. (3121-1/92) All fees paid by permittee shall be forfeited in the event of revocation. Enforcement of a revocation notice shall be stayed during the pendency of an appeal therefrom, properly and timely filed. (2486-6/81, 3121-1/92) 5.56.100 False alarm--Prevention payment. (3121-1/92) (a) When the emergency alarms, messages, signals or notices received by the Police Department which show a failure to comply with the requirements of this chapter, the Chief of Police may demand that the owner or lessee disconnect the alarm system until it is made to comply with such requirements. (3121-1/92) (b) The owner or lessee of any alarm system which has caused any signal, message, or alarm to be transmitted to the Police Department, either by direct telephone or other direct communication, or by communication from an alarm agent, or an alarm business, or by a person responding to an audible alarm, and which is proved to be a false alarm, shall pay a false alarm prevention fee, established by resolution of the City Council, as follows: (3121-1/92) (1) For false alarms in excess of three (3) two (2) received in a twelve (12) month period the owner or lessee shall be assessed a fee for each such alarm and the fee shall be increased for each subsequent false alarm received in a twelve (12) month period. (3121-1/92) The permittee shall only be charged with one (1) false alarm in any seventy two (72) twenty-four (24) hour period. This allows the permittees adequate time to notify their alarm servicing company and have any repairs, replacement, or adjustments implemented prior to being charged another false alarm (3121-1/92) (2) For false alarms in excess of six(6) received in a twelve (12) month period, the owner or lesseeshall-be asses' -ann-i-ncreased ee for-each-much-alarm. (3121 1/92) 4 3/k/legis/mc5 5 6/11/2/94 (3) (2) Any false alarm indicating robbery is occurring (a violation of California Penal Code section 211); however, "residential," "panic" or "hold up" false alarms, classified as 927A, Unknown Trouble Residential Alarm, will be considered as regular false alarms (459's) for fine calculations. (3121-1/92) (4) (3) For false alarms in excess of ten (10) seven (7) received in a twelve (12) month period by the Police Department, the property owner or lessee, and the systems alarm servicing company shall be notified in writing that the system is to be placed on a nonresponse status and the permit shall be revoked if the problem is not resolved within fifteen (15) days. (3121-1/92) (c) Exception. If the user shows that the false alarms were the result of conditions beyond his control and not the result of negligence on his part or that of his employees and he demonstrate that he neither knew of the defect in the alarm system, nor in the exercise of due care, should have known of such defect, such alarm shall not be deemed a "false alarm" within the meaning of this chapter. (Thereupon, a fifteen (15) day adjustment period to correct mechanical problems may be allowed for any new, improved or replaced alarm system.) (2025-1/76, 2486-6/81, 3121-1/92) 5.56.110 Permit nontransferable. No alarm permit issued under the provisions of this chapter shall be assignable or transferable. (2486-6/81, 3121-1/92) 5.56.120 Automatic shutoff requirements--Audible. All audible alarm systems, excluding fire alarms which indicate the activation of an automatic fire sprinkler system, shall include a device which will limit the generation of the audible sound of the system to no longer than ten (10) minutes after activation when the alarm system is protecting a residential structure, and fifteen (15) minutes when the alarm system is protecting a commercial structure. Said system, however, shall include an automatic resetting device which shall cause the system to rearm upon automatic shutoff. (2486-6/81, 3121-1/92) 5.56.130 Repair. After a false alarm caused by a malfunction of the alarm system, the alarm system permittee shall repair the alarm system in order to eliminate such malfunction before reactivating the alarm. No person shall reactivate such alarm until such repairs have been made. (2486-6/81, 3121-1/92) 5.56.140 Testing alarm. Permittees shall notify the police communication bureau prior to any service; test, repair, maintenance, adjustment, alteration, or installation of systems which would normally result in a police response to a false alarm. Any alarm activated where such prior notice has been given shall not constitute a false alarm, as defined in this chapter. (2025-1/76, 2486-6/81, 3121-1/92) 5.56.150 Prohibitions. It shall be unlawful to install or use an alarm system which upon activation emits a sound similar to sirens used on emergency vehicles or for civil defense purposes. (2486-6/81, 3121-1/92) 5.56.160 Limitation on liability. The City of Huntington Beach is under no obligation or duty to any permittee or any other person by reason of any provision of this chapter, or by the exercise of any privilege by any permittee hereunder including, but not limited to, any defects in a police or fire alarm system, any delay in transmitting an alarm message to any emergency unit or damage caused by delay in responding to any alarm by any City officer, employee or agent. (2486-6/81, 3121-1/92) 5.56.170 Application of chapter. Any person who, on the effective date of this chapter, possesses, has installed, or uses an alarm system which requires a permit under the provisions hereof, shall apply for a permit, as provided herein, within ninety (90) days after the effective date of this chapter. (2486-6/81, 3121-1/92) 5 3/k/legis/mc5 5 6/11/2/94 • 5.56.180 Right of entry. i ne Chief of Police, or his designated representative, is hereby authorized and empowered to inspect any alarm system installed in any business within the City during regular business hours. Inspections of systems installed in private residences may be made with permission of the occupant of the premises only. (2025-1/76, 2486-6/81, 3121-1/92) 5.56.190 Enforcement provision. The Police Department is directed to administer and enforce the provisions of this chapter. (2486-6/81, 3121-1/92) 5.56.200 Penalties for violation. Any person who violates or willfully fails to comply with any sectionin this chapter is guilty of an INFRACTION except where expressly provided, and upon conviction thereof shall be punished by a fine not to exceed $100 $5U0, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted. (2025-1/76, 2486-6/81, 3121-1/92) 5.56.210 Automatic Dialing Devices. It shall be unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city, and it shall be unlawful for an alarm user to fail to disconnect or re- program such device within twelve (12) hours of receipt of notice from the Police Department that an automatic dialer is so programmed. 5.56.220 Enforcement provision. The Police Department is directed to administer and enforce the provisions of this chapter. 5.56.230 Constitutionality. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, and amendments thereto, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional. 5.56.240 Adoption/Repeal. Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecution for violation of ordinances which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license or penalty of the penal provisions applicable to any violation thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. 6 3/k/l egi s/mc 5 5 6/11/2/94 • PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a PUBLICIC NO NOTE TICE resident of the County aforesaid. I am ADF MINISTRATIVE over the age of eighteen years, PUBLIC HEARING and not a NOTICE IS HEREBY GIVEN that the Huntington party to or interested in the below Beach an that the trative Pub- lic entitled matter. I am a principal clerk of o Hearing a the locindition, cated date and time indicated the HUNTINGTON BEACH INDEPENDENT, a below to receive and con- sider all persons who wish to be heard relative to the newspaper of general circulation, printed to applicationeaddescribed t below. and published in the City of Huntington DATE:December 5,1994 TIME:7:00 P.M. Beach, County of Orange, State of SUBJECT: Change in or- dinance pertaining to Bur- glar a resolution Bur- . California, and that attached Notice is a glar Alarmamg andes so Bon businesses sub- scribers. ur- true and complete copy as was printed glar Alarm CONTACT DEPARTMENT: and published in the Huntington Beach Police Department-Alarm Section City of Huntington and Fountain Valley issues of said Beach, 2000 Main Street Huntington Beach, CA newspaper to wit the issue(s) of: 926482OCATION: Huntington Beach Council Chambers, 2000 Main Street, Hunting- ton Beach,CA 92648 PURPOSE: The City Council will receive input in a public meeting concern- ing changing the Hunting- ton Beach Municipal Code Section 5.56 regulating November 24, 1994 Burglar Alarms. Informa- tional copies of the pro- posed ordinance are avail- able at the Office of the '., City Clerk, 2000 Main l declare, under penalty of perjury, that Street. For more informa- tion you may call the Officents the foregoing is true and correct. Police Department at (714) 960-8805. ALL INTERESTED PER- SONS ARE INVITED TO ATTEND SAID MEETING AND EXPRESS OPINIONS Executed on November 24 , 199 4 OR SUBMIT IDEAS PER- TAINING TO THE ISSUE AS OUTLINED ABOVE. at Costa Mesa, California. Written communicationsOUTLINED ABOVE. on E. the matter may be sent to the office of the City Clerk. Connie Brockway, City Clerk City of Huntington Beach, 2000 Maln Street, Huntington Beach, CA 92748 (714)538-5227 /)'/ J�� � November21, 1994 B' Published Huntington ,q4 dependent November Valley I4, Signature dependent No 24, 1994. 114-410 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a I PUBLI„NOTICE party to or interested in the below NOTICE OF entitled matter. I am a principal clerk of ADMINISTRATIVE PUBLIC HEARINGNOTICE IS HEREBY the HUNTINGTON BEACH INDEPENDENT, a GIVEN that the HuntingtonBeach City Council will hold an Administrative Pub- newspaper of general circulation, printed Hearing at the location, date and time indicated and published in the City of Huntington below to receive and con- sider all persons who wish Beach, County of Orange, State of to be heard relative to theapplication described below. California, and that attached Notice is a below. 7:00DP.M.er 5,1994 TIME:true and complete copy as was printed SUBJECT: Change in or- dinance pertaining to Bur- and published in the Huntington Beachglar Alarm and a resolution establishing fees for Bur- and Fountain Valley issues of said glar Alarm businesses sub- scribers. CONTACT DEPARTMENT: newspaper to wit the issue(s) of: Police Department-Alarm Section City of Huntington Beach, 2000 Main Street Huntington Beach, CA 92648 LOCATION: Huntington Beach Council Chambers, 2000 Main Street, Hunting- ton Beach,CA 92648 PURPOSE: The City November 24, 1994 Council will receive input in a public meeting concern- ing changing the Hunting- ton Beach Municipal Code Section 5.56 regulating Burglar Alarms. Informs- I declare, under penalty of perjury, that tional copies of the pro- posed ordinance are avail- able at the Office of the the foregoing is true and correct. City Clerk, 2000 Main Street. For more informa- tion or to give comments you may call the Office of Police Department at (714) Executed on November 24 , 199 4 960-8805. INTERESTED PER- at Costa Mesa SONS ARE INVITED TO, California. ATTEND SAID MEETING AND EXPRESS OPINIONS OR SUBMIT IDEAS PER- TAINING TO THE ISSUE AS OUTLINED ABOVE. Written communications on the matter may be sent to the office of the City Clerk. Connie Brockway, City Clerk City of Huntington • Beach, 2000 Main • Street, Huntington Signature Beach, CA 92748 (714)538.5227 November 21, 1994 Published Huntington Beach-Fountain Valley In- dependent November 24, 1994. 114-410 1Q' /Oct 1 /S2(7/ 9/ '* i// //� ts NOTICE OF/PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold an Administrative Public Hearing at the location, date and time indicated below to receive and consider all persons who wish to be heard relative to the application described below. DATE: December 5, 1994 TIME: 7:00 p.m. SUBJECT: Change in ordinance pertaining to Burglar Alarms and a resolution establishing fees for Burglar Alarm businesses and subscribers CONTACT DEPARTMENT: Police Department - Alarm Section City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 LOCATION: Huntington Beach Council Chambers 2000 Main Street Huntington Beach, CA 92648 PURPOSE: The City Council will receive input in a public meeting concerning changing the Huntington Beach Municipal Code Section 5.56 regulating Burglar Alarms. Informational copies of the proposed ordinance are available at the Office of the City Clerk, 2000 Main Street. For more information or to give comments you may call the Office of Police Department at (714) 960-8805. ALL INTERESTED PERSONS ARE INVITED TO ATTEND SAID MEETING AND EXPRESS OPINIONS OR SUBMIT IDEAS PERTAINING TO THE ISSUE AS OUTLINED ABOVE. Written communications on the matter may be sent to the Office of the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92748 (714) 536-5227 November, 1994 6/memo/hearing/11/18/94 kw"""!": J21u. DEPARTMENT REQUESTING: Police SUBJECT: False Alarm Fine MEETING DATE: 12/5/94 NUMBER OF PUBLIC HEARINGS None in my current log SCHEDULED FOR THIS DATE: VERIFIED BY: Pat Dapkus APPROVED BY: Ray Sily r, Assistant City Administrator