CITY COUNCIL REPORT SUBJECT: Discussion of False Alarm Ordinance MEETING DATE: October 17, 2005 TO: FROM: THROUGH: Mayor and City Council Kevin L. Kotsur, Chief of Police Lynn M. Parkin, Assistant Chief of Police Kevin Artz, Finance Director Charlie McClendon, City Manager PURPOSE: Staff is requesting that the City Council consider an ordinance amending Chapter 20-30 of the Avondale City Code relating to Alarm Systems. The current Alarm Ordinance lacks the clear structure that would give the City the ability to hold alarm businesses accountable for improper installation of alarms and alarm owners for improperly using their alarm system. Also, the current ordinance does not clearly stipulate the consequences of not paying an assessment fee and how that will be implemented and by whom. The changes recommended to this ordinance will clarify the responsibilities and duties of the alarm business, the alarm owner, the Police Department and the Finance Department. The recommended changes will also allow for an appeal process, providing individuals with a fair and equitable procedure in cases where there may be mitigating and/or aggravating circumstances that led to the alarm activation. BACKGROUND: The current Alarm Ordinance was last reviewed in November of 2001. The ordinance is limited in scope in that it only outlines the fee structure for false alarms, the length of time that an alarm may sound, what may happen to the alarm user if they fail to pay their false alarm service charges and the limitation on liability to the City of Avondale. Staff is requesting Council s approval to revise the Avondale city code, Chapter 20-30, Article III Alarm Systems. The recommended changes would provide for enhanced regulation and would delineate the responsibilities of those persons who purchase and rent alarm systems, as well as the responsibilities of the alarm businesses who install the alarm systems. Additionally, the recommended changes are intended to encourage improved reliability of the alarm systems and services. Finally, the recommended changes would outline the process for collecting assessment fees for false alarms and would allow for an appeal process should the alarm business/owner dispute the assessment. Listed below are the areas involving significant change.
Responsibilities of Alarm Business: Currently, there are no responsibilities listed in this ordinance pertaining to the alarm businesses. It is recommended that the alarm business: o Be properly registered with the City of Avondale. o Install and maintain alarm systems in such a fashion as to prevent false alarms. o Provide instruction to the alarm user on the proper use of the system and how to avoid false alarms. o Provide a copy of the City Ordinance to the alarm user. o Maintain contact information pertaining to the alarm user. Responsibilities of the Alarm Owner: Currently, there are no responsibilities listed in the ordinance pertaining to the alarm user. It is being recommended that the alarm user: o Maintain the alarm and alarm system in good working order and take reasonable measures to prevent false alarms. o Maintain a current copy of the Alarm Ordinance. o Respond at the request of the police department within thirty (30) minutes of the alarm activation. Review of False Alarms: Currently, mitigating and aggravating circumstances are not taken into consideration when assessing the alarm owner for false alarms. It is recommended that the proposed amendment would include an appeal process for the alarm owner should they believe that there are extenuating circumstances that need to be considered. Grace Period: In the current ordinance, there is no grace period provided for when newly installed systems are activated creating a false alarm. It is recommended that a grace period of sixty (60) days be provided as a way for the homeowner/business owner to familiarize themselves with the new system and to work out any flaws within the system. Between April 2004 and April 2005, the Avondale Police Department responded to 3,111 false alarm calls for service. On average, 1.52 police officers responded to each call and remained on scene for and average of 13 minutes, 51 seconds. Combining the average call time and the average number of officers responding equates to 20 minutes, 33 seconds total time at each false alarm. This, in turn, equals over 1,065 hours spent by police officers on false alarm calls for service. With the average salary of an officer being $34.62 per hour including benefits, false alarms cost the City of Avondale approximately $36,870.30. DISCUSSION: Staff conducted a review of several cities in the Phoenix metropolitan area and two other cities similar in size to the City of Avondale. The research indicated that these cities have adopted alarm ordinances designed to govern alarm systems, their installation and related maintenance; establish fines for false alarms; and clearly define the responsibilities of the City, Police Department, alarm business and alarm owner. The cities reviewed were: Chandler Flagstaff Glendale Mesa Peoria Phoenix Prescott Surprise
These cities have taken a proactive approach by ensuring that the alarm businesses are registered (have a Business License) through the City, that the Police Department responds accordingly to specified alarm activations, that the alarm businesses demonstrate the proper use of the alarm system to the purchaser, that the City maintains a fair system by which alarm owners may appeal a false alarm assessment fee, and that the assessment fees are reasonable. Though the ordinances vary to some degree, each city researched has stipulated the same basic requirements that staff recommends including in the proposed ordinance. By enhancing the alarm ordinance as recommended in this report, the process would flow as follows: 1. The alarm business must be registered with the City of Avondale, and must make available upon request a valid copy of its current business registration/license with the City of Avondale. 2. The alarm business is responsible for installing and maintaining the alarm system in good working order, taking reasonable measures to prevent false alarms. They shall provide instruction to the alarm owner in the proper use and operation of the system and methods to avoid false alarms. 3. The alarm business will maintain necessary information on the alarm owner (name, address, contact numbers) so that they may be contacted upon the activation of the alarm or upon the request of the Police Department. 4. If the Police Department has recorded an alarm for a subscriber, and the alarm business for that subscriber has not applied for and received a business license from the City, the Finance Department will issue a notice of violation and will take the necessary action to bring the alarm business into compliance. This notice will be in the form of a written letter requiring compliance within ten business days. If compliance is not achieved, the alarm business will be assessed a penalty of $500 per alarm activation. The Collections Unit of the Finance Department will oversee this specific area. 5. Warning notices shall be issued by the Police Department when the alarm system has generated three false alarms within a consecutive 365 day period by mailing a letter to the home owner/business owner. This letter will state that if a fourth false alarm is recorded, that a fee will be assessed. 6. If four or more false alarms are recorded within a consecutive 365 day period, the Police Department will issue a letter outlining the assessment and the options of the alarm owner. A. Option 1: Alarm owner may pay the assessment. B. Option 2: Alarm owner may appeal the assessment. 7. If the alarm owner chooses to appeal the assessment, they initially submit their appeal to the Chief of Police or his designee for review. After review, there are two options. A. Option 1: If it is determined that a valid reason for the false alarm exists, a notice will be sent to the alarm owner that no assessment will be made at this time. B. Option 2: If it is determined that there is no valid reason, a notice will be sent requesting that the fee be paid. This notice shall be sent by the Collections Administrator assigned
to the Finance Department. 8. The alarm owner will then either pay the assessment or request an appeal hearing with the City Manager or his designee. The decision of the City Manager or his designee is final. If found responsible, the alarm owner must pay the assessment within thirty (30) days of the date ordered. Ultimately, if the assessment is not paid, the alarm owner will face a Class 1 Misdemeanor. 9. Charges for False Alarms A. Fourth false alarm $25 B. Fifth or sixth false alarm, each $50 C. Seventh or more false alarms, each $100 FISCAL RESPONSIBILITIES: Staff is requesting Council s approval to purchase software compatible with our Spillman system, specifically an Alarm Tracking and Billing module, at a cost of $14,800 (includes the software, training and second year maintenance). The Police Department would like to recommend that this purchase be considered in our upcoming budget request for Fiscal Year 2006/2007. The fines generated for the police response to false alarms would ultimately pay for this software. Seven of the eight cities researched employ at least one person in the police department assigned to track, monitor, and coordinate the data and notifications related to the false alarm calls for service that police officers respond to. Staff is requesting Council s approval to fund a part-time alarm coordinator, at a cost of $25,600. Staff is requesting that this position be assigned to the Records Bureau in the capacity of a Records Clerk in order that this person, when not working on false alarms, has the authority and training to enter confidential information as it pertains to citations, departmental reports, etc. The fines generated for the police response to false alarms would contribute to funding this position as it relates to Alarm Coordinator. RECOMMENDATIONS: Both the Police Chief and the Finance Director recommend that the City Council approve an ordinance amending City Code Chapter 20-30, creating enhanced regulations, as listed above, for alarm installation businesses and alarm owners. If Council agrees, the amendment will be included on the November 14 th agenda for adoption. ATTACHMENTS: 1. Current City Code 20-30 2. Code Amendment for City Code 20-30
Article III ALARM SYSTEMS Sections 20-30 Definitions. 20-31 Regulations. 20-32 Charges for false alarms. 20-33 Limitation on liability of city. 20-30 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as set forth below: "Alarm System" - Any combination or assembly of electronic devices or a single device at a premise or location, designed to transmit to the police, either directly or through an intermediary, a warning signaling a hazard or intrusion to which police are expected to respond. "Alarm User" - Any person who owns and/or operates an alarm system within the City of Avondale, except for alarm systems on motor vehicles. "Audible Alarm" - Any alarm system which elicits an audible alarm siren, bell or other warning device when activated. "Dial Alarm" - Any alarm system which automatically selects a telephone line and reproduces a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect. "False Alarm" - Any activation of an alarm including, but not limited to technical difficulty, malfunction, or operator error that elicits a response by public safety personnel when a situation requiring a response does not in fact exist. "Person" - Any natural person, corporation, incorporated association or other legal entity. "City" - The City of Avondale, Arizona. "Receiving Agency" - The Avondale Police Department (Ord. No. 833-01, 1, 11-19-01)