SR-06-25-2013-7GCity Council Report
City of
Santa Moniege
City Council Meeting: June 25, 2013
Agenda Item: `� --C-4
To: Mayor and City Council
From: Jacqueline Seabrooks, Chief of Police
Subject: Introduction and first reading of an Ordinance Amending Santa Monica
Municipal Code Chapter 3.56 related to false police alarms
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance
amending Santa Monica Municipal Code (SMMC) Chapter 3.56.
Executive Summary
SMMC chapter 3.56.050 currently authorizes charges for third and subsequent Santa
Monica Police Department responses to false alarms occurring within the same fiscal
year. An amendment to the Municipal Code is proposed to authorize an additional fine,
in the amount of $164.86, for the second response within a fiscal year. The fine will be
effective July 1, 2013, thereafter, the fine will be subject to annual automatic CPI
increase. This fine is recommended to reduce the number of false police alarms.
In addition, staff proposes that the SMMC be amended to authorize an alarm
registration fee, in the amount of $27.00. The fee will be effective July 1, 2013 and will
be subject to annual automatic CPI increase.
Registration of alarm systems would ensure correct physical addresses are
automatically recorded in the police records management system, which minimizes call
processing time while providing vital information, including but not limited to, information
about elderly or disabled residents, firearms at the property, animals that may require
special handling, and the presence of hazardous materials. Providing responding
officers with this information enhances service delivery and promotes public safety.
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Discussion
The Police Department responded to 2,812 police alarms during fiscal year 2011 -2012.
Of that total, 1,063 police alarms required two or more false alarm emergency
responses during the same fiscal year.
Responding to false police alarms requires significant staff time and negatively affects
the overall safety of the community by diverting essential police department personnel
and resources from responding to actual emergencies. The purpose of this ordinance is
to promote the responsible use of alarm systems. Staff recommends that no fine be
charged for the first false alarm response by the police. However, staff recommends
the imposition of the fine for the second and each subsequent response to a false police
alarm during the same fiscal year, as reflected in the amended ordinance. Based on
1,063 second false alarm responses during fiscal year 2011 -2012, staff estimates the
proposed fine for second responses will generate approximately $175,246 in annual
revenues. Staff also recommends amending the ordinance to authorize a new fee
requiring the registration of alarm systems located in residences and businesses.
Registration of alarm systems would ensure the correct physical address is recorded in
the police computer -aided dispatch system. Having this information automatically
available reduces call processing time and quickens the dispatch of officers while also
providing the officers with vital information, including but not limited to, information about
elderly or disabled residents, firearms at the property, and animals that may require
special handling. Based on approximately 5,600 alarms located in the city, staff
estimates that the proposed burglary alarm registration fee will generate approximately
$151,200 in annual revenue.
Upon response to an alarm system activation that is found to be a false, the Police
Department would provide written notice to the owner of the property. The ordinance
defines an owner as the person who owns the premises in which an alarm system is
installed or the person(s) who lease, operate, occupy or manage the premises. The
notice informs the owner that the Santa Monica Police Department responded to a false
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alarm at their premises and the alarm activation was either the result of a malfunction or
improper alarm system use. The notice will outline the potential consequences for
additional responses and the applicable fines associated with those responses provided
they occur within the same fiscal year.
Public Outreach
Police Department will provide a written notice, along with an alarm registration
application, notifying the residents and businesses of the required new alarm
registration fee. The notice will also outline the potential consequences for false alarms
and the applicable fines associated with those responses. The information will be
posted on the Police Department's website.
Financial Impacts & Budget Actions
The proposed fine for second false police alarms response is anticipated to generate
$175,246 in annual revenues. The proposed fee for burglary alarm registration is
anticipated to generate $151,200 in annual revenues. Revenues for the proposed fine
and fee have been included in the FY 2013 -15 Proposed Budget, pending Council
approval.
Prepared by: Neela Patel, Senior Administrative Analyst
Approved:
Attachments:
1) Ordinance
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Forwarded to Council:
6 � v
Rod Gould
City Manager
City Council Meeting: June 25, 2013 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 3.56 OF THE SANTA MONICA
MUNICIPAL CODE RELATED TO FALSE POLICE ALARMS
WHEREAS, the City consists of just eight square miles of coastal land which is
home to 90,000 residents, the job site of 300,000 workers, and a destination for as
many as 500,000 visitors on weekends and holidays; and
WHEREAS, there is a constant and heavy demand on police services; and
WHEREAS, false alarms are significant and unnecessary drains on precious
police resources; and
WHEREAS, diversion of police resources to respond to false alarms hampers
response efforts for actual emergencies and thus endangers public safety; and
WHEREAS, requiring registration of police alarms would quicken police response
time, provide vital information to the responding officers and enhance public safety; and
WHEREAS, Business and Professions Code Section 7592.8 authorizes local
agencies to enact ordinances governing false alarm activations and responses.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.56.030 of the Santa Monica Municipal Code is hereby
added to read as follows:
3.56.030 Alarm Registration
No Subscriber shall operate an Alarm System without having first registered such
Alarm System with the Santa Monica Police Department and paid the required
registration fee. The Police Department may require that registrants provide information
to the City to protect public safety and aid response efforts, including but not limited to,
information about residents that are elderly or disabled, firearms at the property, and
animals that may require special handling.
SECTION 2. Section 3.56.050 of the Santa Monica Municipal Code is hereby
amended in part to read as follows:
3.56.050 Fees.
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A Subscriber shall pay a False Alarm response fine to the City upon the
occurrence of two or more False Alarms received from the Subscriber's Alarm System
within a fiscal year. The amount of the fine and any associated late fees may be
established by resolution of the City Council.
The subscriber of an alarm system or property owner or lessor who has caused
an alarm to be installed shall be declared to be maintaining a public nuisance in the
event that more than four false alarms are recorded at the same location during a
single fiscal year, and shall be prosecuted pursuant to the provisions of section
1.08.010 of this code.
The chief of police shall cause to be issued a monthly bill for the unpaid seNice
charges -fines and fee accrued during the billing period and any prior periods. Such bill
shall be due and payable within fifteen days after the billing date.
All remedies shall be cumulative, and the use of one or more remedies by the
city shall not bar the use of any other remedy for the purpose of enforcing the
provisions of this chapter. The amount of any 6eWiGe Charge fines and fees shall be
deemed a debt to the city. An action may be commenced in the name of the city in any
court of competent jurisdiction for the amount of any delinquent debt thirty days after it
becomes due and payable. Payment of any merge fines or fees shall not
prohibit criminal prosecution for the violation of any of the provisions of this chapter.
SECTION 3. Section 3.66.060 of the Santa Monica Municipal Code is hereby
repealed.
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SECTION 4. Section 3.56.070 of the Santa Monica Municipal Code is hereby
amended in part to read as follows.
3.56.070 Nonresponse.
(a) The Chief of Police may notify any subscriber of an alarm system or property
owner, lessor or person who has caused such a system to be installed that the Police
Department will not respond to any alarm at the location where the alarm has been
installed when:
(1) Any fines and fees required by Section 3.56.050 have not been paid and
are past due. The notice shall indicate that service response shall not be resumed until
thirty days after payment of the fines and fees required by Section 3.56.050; or
(2) There are more than four false
alarms at the location during any fiscal year. The notice shall indicate that response
shall not be resumed for a period of not less than sixty days and only after submission
to and approval by the Police Department of an alarm plan to reduce the number of
false alarms to less than four in any fiscal year.
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(b) Any person receiving a notice under subsection (a) may request a hearing in
accordance with the procedures set forth in Chapter 6.16 of this Code priorMunis+pa4
. The notice shall inform the subscriber, property owner, lessor, or
person of the hearing rights set forth in Chapter 6.16
6126. ,
nNo hearing request shall be deemed timely filed and no hearing shall be held unless
within the time period to request a hearing, the person requesting the hearings deposits
with the City Treasurer money in the amount of any unpaid and past due fines and fees
under Municipal Code Section 3.56.050. If as a result of the hearing it is determined that
the City was not entitled to the fines and fees in the amount of the deposit, the City shall
refund to the subscriber, property owner, or lessor the amount of the excess fees.
(c) Nothing in this Chapter shall create or be construed to create a duty upon
the Police Department or City to respond to any alarm whether or not the alarm is false.
An alarm, like any other request for service from the Police Department, may be
responded to within the resources of the Police Department and other responses
required by the Police Department at the time of the alarm.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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