HomeMy WebLinkAbout2001-10-02 City Council (4)City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
ATTENTION: POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
OCTOBER 2, 2001 CMR:369:01
APPROVAL OF AMENDMENT TO CHAPTER 4.39 OF THE
PALO ALTO MUNICIPAL CODE REGULATING ALARMS
AND AMENDMENT TO TIlE ADOPTED 2001-2002
MUNICIPAL FEE SCHEDULE
RECOMMENDATION
Staff recommends that City Council:
Adopt the attached amendment to Palo Alto Municipal Code (PANIC) Section
4.39.010 regulating alarms. Major changes include the provision that all alarm system
users must obtain an annual permit for a fee to operate an alarm system. Additionally,
administrative sanctions up to and including placing an abusive alarm user on a non-
response status after six false alarms within a 12-month period are included; and
2.Adopt the attached amendment to the 2001-02 Adopted Municipal Fee Schedule,
reducing the $50 Alarm Registration Fee to $35.
BACKGROUND
The City of Palo Alto adopted PAMC Chapter 4.39 in 1976, regulating private intrusion
alarms. Since 1976, the ordinance has been revised several times, the latest revision
occurring in 1989. The 1989 revision provided for an increase in the amount of fines
levied with each successive false alarm and a "confirmation status" that requires users to
confirm that some criminal activity has occurred prior to police response after 10 false
alarms in a 12-month period.
In 1996, officers responded to approximately 3,200 alarms, and in 1997, officers
responded to over 3,735 alarms, 98 percent of which were false. During Fiscal Year
CMR:369:01 Page 1 of 5
1998-99, the Police Department responded to 2,674 alarms, and in 1999-2000, the
number of alarms increased to 4,800; the percentage of false alarms remaining at 98
percent. The major cause of false alarms is user error, usually either opening or closing
errors, and improper maintenance.
DISCUSSION
Each alarm response requires a minimum of two patrol officers and averages 20 minutes
per officer. This equates to 3,200 hours or the equivalent to 1.5 full time police officers
at a cost of about $150,000 per year. These false alarms take officers away from other
duties and negatively influence the overall safety of the community by diverting officers
from other emergencies and calls-for-service. Additionally, it is natural for officers to let
their guard down in alarm responses when the majority are false. This increases the
likelihood of injury to officers in the few instances when an alarm is valid.
Proposed Changes to the Ordinance:
Permit Required - Currently, the ordinance requires alarm users to register with the Police
Department. There has not been a fee associated with the registration, and it has been
difficult to enforce the registration requirement. Consequently, officers respond to
alarms and frequently cannot notify the owner that the alarm was activated due to
outdated or invalid information. Staff is proposing that every alarm user be required to
obtain an annual permit that will provide information on whom to contact if there is an
alarm activation. If an alarm is activated, the ability to contact a responsible party will
assist police in determining if a crime has occurred. If a crime has not occurred, the
information will allow for the immediate notification of a malfunctioning alarm or an
accidental activation on the part of a user. Additional staff time will be needed to monitor
the registration as well as track the number of false alarms. The Council approved anew
Community Service Officer position as part of the adopted 2001-2002 budget to handle
this workload. Staff inadvertently included a $50 alarm permit registration fee in the
2001-2002 Municipal Fee Schedule to help cover of the costs of the new position. The
fee should have been $35. Staff is therefore recommending an amendment to the Fee
Schedule to reduce the fee.
Pre-revocation Hearing - Information will be provided to each alarm user on the
ordinance and process at the time a person receives a permit. After four false alarms in a
12-month period, a pre-revocation heating will be conducted in efforts to further educate
CMR:369:01 Page 2 of 5
the user in proper use of the system. This heating will also provide an opportunity to
remind the alarm user that further false alarms will lead to the revocation of service.
Revocation of Service - As mentioned earlier, under the current ordinance after 10 false
alarms in a 12-month period, the Chief of Police may put the alarm user onto a
"confirmation required" status. This means that prior to dispatching officers to an alarm
at such a location, the responsible party for the alarm system must first confirm that there
has been some evidence of a burglary such as a broken window or lock. This
consequence does not seem to be effective. Staff is therefore recommending that after
police response has been made to six false alarms in a 12-month period, the alarm permit
will be revoked for a period of six months. The user may appeal the revocation to the
City’s Hearing Officer. If the Hearing Officer upholds the six-month revocation, the user
may reapply for a new permit after that time.
While the actual number of alarm systems in use in Palo Alto is not known, there are
approximately 3,500 alarm cards on file. Each card represents an alarm location where a
previous false alarm occurred. Staff estimates that 30 percent of the alarm locations have
required six or more police responses. Staff therefore believes that revocation of service
to locations with six or more false alarms will greatly reduce the number of patrol hours
spent on this non-productive activity.
All penalties will be subject to guidelines as per Chapters 1.12 and 1.16 of Title One of
the Palo Alto Municipal Code using the administrative penalty process.
Enforcement - While the ordinance will become effective 30 days after the Council’s
approval of the second reading, staff will allow time for alarm users to register their
systems. Staff anticipates therefore that enforcement of the revised ordinance to begin on
January 1, 2002.
Other Cities
The proposed changes are similar to the ordinances of the cities of Fremont and Mountain
View. Fremont’s ordinance was implemented on March 1, 1998. In the first year, a 19
percent reduction in false alarms was observed. In the most recent year (March 2000 to
March 2001), a 27 percent reduction in false alarms was achieved. The City of
Mountain View’s ordinance was only recently adopted and it has not yet compiled
information on its effectiveness.
CMR:369:01 Page 3 of 5
RESOURCE IMPACT
Funding in the amount of $63,000 for one additional Community Service Officer was
placed into the Police Department budget for fiscal year 2001-02. Staff recommends an
annual permit fee of $35 and a $250 penalty for operating an unregistered alarm system
(refundable if the system is registered within 10 days of notification). The penalties for
false alarms would remain the same: $100 upon third false alarm in 12 months; $150
upon the fourth false alarm in 12 months; and $200 for five or more false alarms in 12
months. Staffprojects that, depending upon the actual number of alarm systems that are
actually in operation, approximately $200,000 in permit registration fees and $11,000 in
penalties will be received. Because there has been a delay in program implementation,
staff will monitor the revenues closely and make any necessary changes at mid-year.
POLICY IMPLICATIONS
The City’s policy regarding free alarm registration permits would change, but is
consistent with other permit fees.
ENVIRONMENTAL REVIEW
The recommendation is not subject to considerations of the California Environmental
Quality Act (CEQA).
ATTACHMENTS
Attachment A:
Attachment B:
Ordinance to Amend the Municipal Code Regulating Alarms
Amendment to the 2001-02 -Adopted Municipal Fees Schedule
PREPARED BY:
LIEUTENANT TORIN FISCHER
Coordinator, Police Community Services
CMR:369:01 Page 4 of 5
DEPARTMENT HEAD:
LY) rNE JOHNSON
Assistant Police Chief
Chief of Police
CITY MANAGER APPROVAL:
HARRISON
Assistant City Manager
CMR:369:01 Page 5 of 5
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING CHAPTER 4.39 OF THE PALO ALTO
MUNICIPAL CODE RELATING TO PRIVATE INTRUSION
ALARMS AND AMENDING THE MUNICIPAL FEE SCHEDULE
REGARDING ALARM REGISTRATION AND RESPONSE FEES
The Council of the City Of Palo Alto does ORDAIN as
follows:
SECTION I. Findings and Declarations: The City Council
finds and declares that:
A.Private intrusion alarm systems which are
improperly maintained or activated divert limited police
resources;
B.The existing regulatory system for constraining
false alarms has proven to be inadequate to encourage alarm
registration and to discourage the improper maintenance and
usage of alarm systems which generate false alarms;
C.The Council has determined that the public
interest requires an increase in the service charges for false
alarms and a decrease in the number of false alarms before
police response will be withheld.
SECTION 2. Chapter 4.39 of the Palo Alto Municipal Code
is hereby amended to read as follows:
Chapter 4.39
PRIVATE INTRUSION ALARMS
4.39.010 Findings and purpose.
(a) The city council finds and declares that:
(I) There are a substantial number of alarms of possible
criminal activity which come into the Palo Alto police
department. These alarms average in excess of ~ four hundred
per month. It is the policy and practice of the Palo Alto
police department to respond to all alarms except those which
are known to be false and to report on all alarms genuine or
false. Most alarms are false. Most false alarms are the result
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of improper maintenance or improper or careless use of an alarm
system.
(2) False alarms needlessly divert limited police
resources from genuine alarms and other emergencies. Police
officers responding to false alarms are not available to carry
out other police duties. In the interest of using limited law
enforcement resources most effectively, the number of false
alarms can and must be reduced.
(3) The purpose of this chapter is to reduce the dangers
and diversions of false alarms and to encourage alarm users to
maintain their systems in good working order and 6o use them
properly thereby conserving police personnel time and increasing
protection for all Palo Alto citizens.
4.39.020 Definitions.
For the purposes of this chapter, certain terms used
herein are defined as follows:
(a) ~Alarm business" means any person operating for any
consideration who is engaged in the installation, maintenance,
alteration or servicing of alarm systems or who responds to such
alarm systems.
(b) "Alarm system" means an assembly of equipment and
devices arranged to signal the presence of any condition upon
premises within the city of Palo Alto to which the police
department normally responds. The term "alarm system" shall
include equipment which is designed to detect an emergency, or
which is designed to be activated by a person to report an
emergency. Alarm systems include, but are not limited to, local
alarm systems, direct connection systems, central station alarm
systems and automatic telephone dialing systems. Alarm systems
shall not include audible alarms affixed to automobiles.
(c) "Alarm user" means any person who owns, leases, is
the agent of the owner or lessee of, or otherwise is in
possession or control of a premises on which an alarm system has
been installed and operates.
(d) ~Audible alarm system" means an alarm system which
is capable of being heard outdoors when it is activated.
(e) "Automatic telephone dialing alarm system" means an
alarm system which utilizes a device which automatically
transmits a pre-recorded message over telephone lines to a
number in the city’s communications center.
010927 el 0044119 2
(f) ~Central station alarm system" means an alarm system
which transmits the alarm signal to a facility where operators
monitor the system and retransmit the signal to the city’s
communications center.
arm
ff~-~ !_q~"Direct connection alarm system" means an
alarm system which transmits an alarm signa! directly to the
city’s communications center.
~ ~ "False alarm" means an alarm signal resulting in
a response by the police department when an emergency does not
exist. An alarm shall be presumed false if the responding
officer(s) do not locate any evidence of an intrusion or of the
commission of an unlawful act or emergency on the premises which
might have caused the alarm to sound. Alarms caused by
earthquakes, hurricanes, tornadoes, or other "violent" acts of
nature, shall not be deemed false alarms.
~-~ ~_~ "Local alarm system" means an alarm system which
is operated by the user who is normally responsible for its
operation. The alarm signal is annunciated only on the
premises.
-~ ~ "Person" means and includes an individual,
partnership, unincorporated association or corporation;
(i) "Premises" means any land and building located
within the city except land or buildings owned or leased by the
federal government, State of California or any political
subdivision of the state, ~.~ .....~’s~:~cc~ or by any
municipal corporation or special district.
4.39.030 Limitations on audible alarm systems.
(a) It is unlawful to install, sell or use an alarm
system which, upon activation, emits a sound similar to a siren
in use on public emergency vehicles or for public emergency
vehicles or for public disaster warning purposes. For the
purposes of this section, any variable pitch siren as opposed to
steady pitch, shall be considered to emit a sound similar to the
sound emitted by a public emergency vehicle. This section does
not apply to sirens mounted inside a building which cannot be
heard outside the building.
010927 c10044119 3
(b) It is unlawful to operate an audible alarm system
which does not shut off within a maximum time of ten minutes
from the time of activation.
..0 Prohibiticr. ~f -’-~-
~.29.0~=0 4.39.040
dialing devices.
Limitation on automatic telephone
~ ~^- ~ ....~ ~ It shall be unlawful for
automatic telephone dialing devices to dial any phone number
used by the City of Palo Alto.
~.39.0£0 4.39.050 Back-up power supply.
Any alarm system ~.~.~7~ 4~ ~.7~ ~7~ ~ 7 ........ n
~,~°~ shall be supplied with an uninterrupted power supply in
such a manner that the failure or interruption of the normal
010927 c10044119 4
electric utility service will not activate the alarm system.
The power supply must be capable of at least four hours of
operation.
Ai..~.vov~ n"" ~.39.060 Registration of alarm users
(a)~7~ 7~^~ ~~............ n January i, 19~, It shall be unlawful
to operate, or cause to be operated, an alarm system on any
premises in the City of Palo Alto without an alarm reqistration.
An alarm user shall register with the police department by
filling out a registration form with his home address, and
business and residence telephone numbers. In addition, he shall
provide the police department with a list of persons responsible
for the premises protected by the alarm system. This list shall
contain at least three names, one of which may be that of the
alarm business maintaining the alarm system. The list shall be
kept current by the alarm user and shal! supply home and
business telephone numbers of responsible persons. In addition,
the registration form shall contain any information deemed
necessary by the chief of police to carry out the purposes of
this chapter. No fee A fee adopted in the municipal fee
schedule shall be charged for registration. Any information
contained in this form shall be confidential and shall not
constitute a public record. An alarm reqistration shal! be
valid for a period of one year from the date of issuance unless
sooner revoked~
(b) Upon request by the police department, the alarm
user, or a responsibleparty, shall proceed to the scene of the
alarm within ~- ~-~ he is.... ~ ....thirty minutes of ~- ~-~
contacted and render any necessary service. Such service shall
include, but not be limited to, opening the premises so that
said premises may be searched byresponding police officers.
~.~9.080 4.39.070 Alarm tests.
An alarm user, or alarm business, shall notify the
communications division of the police department prior to any
service, test, repair, maintenance, adjustment, or installation
of an alarm system which would normally result in a police
response. Any alarm activated, where such prior notice has been
given, shall not constitute a false alarm.
010927 cl 0044119 5
4.39.080 False alarm service charges.
~"~-~; There is imposed upon every alarm user whose alarm
system causes three or more false alarms within ~ twelve
months a false alarm service charge. A separate charge shall be
imposed for each false alarm in excess of t-~T-ee two as set forth
in the municipal fee schedule, provided that the alarm user is
qiven notice by first-class mail of each false alarm prior to
the occurrence of the next false alarm for which a service~
charge is imposed.
(b) Service charges shall be due and payable ~pcn the
occurrence cf three f&l~e alarm~ and are delinquent after.thirty
days of the mailing of a bill from the city. Penalties for
delinquency in remittance of any service charge or any
deficiency in remittance shall attach and be paid by the person
required to remit at the rate of ten percent each month on the
base false ~alarm charge, but such penalty shall not be
compounded.
(c) Debt to City. All fees and charges levied pursuant
to this chapter shall constitute a valid and subsisting debt in
favor of the city and against the alarm user for whom services
were rendered. If the amount remains unpaid, a civi! action may
be filed with the appropriate court for the amount due together
with any penalties, any related charges and fees accrued due to
nonpayment and all fees and charges required to file and pursue
such civil action.
(d) An alarm user may appeal any alarm service charge
under this section by submitting a letter of appeal to the chief
of police explaining the basis for the appeal within fifteen
days of the mailing of the bill for that service charge. While
the appeal is pending, the bill shall not be due and payable.
An administrative hearing officer shall set a time and place for
a hearing on the appeal within fifteen days after receipt of the
letter of appeal. Failure to file a timely letter of appea!
shal! be a waiver of the alarm user’s right to a hearing;
however, the administrative hearing officer may set a date for a
hearing if there is cause to believe that it might encourage
010927 el 00441
substantial cooperation from the alarm user. At the time and
place set for the hearing upon the appeal, the administrative
hearing officer shal! hear evidence as to whether the alarm
service charge should be imposed in whole or in part. The
burden of proof shall be upon the appellant to show that there
was no substantial evidence that the alarm service charge was
properly imposed as provided in this chapter. Within forty-
eight hours after the conclusion of the hearing, the
administrative hearing officer shall render a decision on the
appeal. The decision shall be final. Notification of the
decision shall be mailed to the appellant within three days of
the decision. If the appeal is denied, the notification shall
inform the alarm user of the exact date that the alarm service
charge shall become due and payable, which date shall in no
event be sooner than five days after notice of the decision has
been mailed.
~ ~o ..~4.39.090
Revocation of alarm reqistration.
(a) After the Palo Alto police department has recorded
more than ~ four false alarms on any specific premises within
any twelve-month period, and after the alarm user has been
notified by first-class mail that the false alarms have been
activated, the chief of police .... ~ ................... alarm
notify the alarm user by first class mail of a pre-revocation
hearing to discuss the cause of the false alarms and to remind
the alarm user that the reqistration will be subject to
revocation if two more false alarms occur within the following
six months The "~~-~ ...... ~" ~-~ ~ ~=~~ ~
hearinq will be within fifteen days from the date of mailing of
the notification, ............... t .... e on .... ~ ..... dep ......... t
Following a pre-revocation hearing, if the police department has
recorded an additional two false alarms within six months, the
chief of police shall revoke the alarm user’s registration and
from that time on the police department will not respond to any
alarm from that alarm user’s premises for a period of six months
and until such time as t-he ~-~ Alto ~^ ~ .... ~ ~
satisficd the alarm user submits a new alarm reqistration
application and the chief of police determines to issue an alarm
registration upon proof that adequate measures have been taken
to correct any problem causing the false alarms. ~--- ~- ~
010927 c10044119 7
4.39.100 Appeal.
An alarm user whose alarm ....~- ~ ~ ....~;
~eqistration has been denied or revoked by the chief of police,
may appeal that decision.
(a) Letter of Appeal. Such alarm user must file a
letter of appeal with the ~- ~- --~-- ~ ....~---~........ w .......w ..........chief of
police within fifteen days of the mailing of the letter of
notification of denial or revocation. While the appeal is
pending the alarm ...... ~ -~ ~ ~--~ ^- confirmation
............. registration shall not be revoked, but an appeal
shall not affect the denial of an alarm reqistration.
(b) Setting of Hearing. If the alarm user files a
timely letter of appeal, the chief of police shall refer the
appeal to an administrative hearinq officer who shall set a time
and place for a hearing on the appea!. The date set for hearing
shall be no more than fifteen days after the city’s receipt of
the letter of appea!. Failure to file a timely letter of appeal
shall be a waiver of the alarm user’s right to a hearing;
however, the chief of police, zn his d ...... ion, the
administrative hearinq officer may set a date for a hearing if
there is cause to believe that it might encourage substantia!
cooperation from the alarm user.
(c) Hearing. At the time and place set for the hearing
upon the appeal, the --~-- -w~-= -- - ;--~ .... administrative
hearinq officer shall hear evidence from the appellant and/or
ty ---~^~ "~~-~any other interested par , as ~-~ - ~ ....................on
of proof shal! be upon the appellant to show that there was no
010927 c10044119 8
substantial evidence to support "~^~=~
er---- disconnection the denial or revocation of the alarm
registration.
(d) Decision. Within ;--~ -~-~".... ~ ~ hours ten calendar
~after the conclusion of the hearing, the --~-- -w~^w ..........f, or a
.... ~e, administrative hearing officer shall render a decision
on the appeal. The decision shall be final. Notification of
the decision shall be mailed to the appellant within three days
of the decision. If the appeal of an alarm registration
revocation is denied, the notification shall inform the alarm
user of the exact date that "---;~-~ ...... ~,, -~-~ .....
di .......~........... on revocation of the alarm~ registration shall
commence which shall in no event be sooner than five days after
notice of the decision has been mailed.
4.39.110 Enforcement.
(a) The amount of any service charge imposed by
authority of this chapter shall be deemed a debt owing to the
city. Proceedings may be instituted by the city in a court of
competent jurisdiction to secure a judgment for the amount due.
(b) It is unlawful for any person, or business entity to
install, operate or maintain an alarm system contrary to or in
violation of any of the provisions of this chapter. Any person
or business entity violating any of the mandatory requirements
of this chapter is guilty of a misdemeanor, and, upon
conviction, punishable as provided in Section 1.08.010 of this
code.
SECTION 3. The Municipal Fee Schedule is hereby amended
to reflect the fee change indicated in Attachment B, which is
attached hereto and incorporated herein by reference.
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010927 cl 0044119 9
SECTION 4. This ordinance shall be effective
thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
on
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Senior Asst. City Attorney City Manager
Police Chief
Director of Administrative
Services
the
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