HomeMy WebLinkAboutItem No. 11 False Alarm Activation and Service Assessment FeesCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ORD 2018-2
Agenda Date: 1/22/2019 Status: Second ReadingVersion: 1
File Type: Council OrdinanceIn Control: City Council / Successor Agency
Agenda Number: 11)
False Alarm Activations and Service Assessment Fees - Second Reading
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 9, CHAPTER 9.30 OF THE
LAKE ELSINORE MUNICIPAL CODE (LEMC) REGARDING SECURITY ALARM SYSTEMS
Page 1 City of Lake Elsinore Printed on 5/9/2023
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayorand Members of the City Council
From:Grant Yates, City Manager
Prepared by: Nicole Dailey, Assistant to the City Manager
Date:January 8, 2019
Subject:False Alarm Activations and Service Assessment Fees
Recommendation
introduce by title only and waive further readingAN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE AMENDING AND RESTATING TITLE 9, CHAPTER 9.30 OF
THE LAKE ELSINORE MUNICIPAL CODE (LEMC) REGARDING SECURITY ALARM
SYSTEMS
adopt ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ESTABLISHING SERVICE ASSESSMENT FEES FOR FALSE ACTIVATIONS
OF FIRE, BURGLARY AND ROBBERY ALARMS
Background
On August 14, 1984, the City Council adopted Ordinance No. 715 adding Chapter 9.30 to the
LEMCregulating Security Alarm Systems. The municipal code remains in effecttoday.
However, due to former concerns from the community, for several years the municipal code has
not been proactively enforced.
Each year, public safety costs for the City have risen substantially. Therefore, the City must find
ways to reduce and/or recover costs associated with public safety.
At the direction of the City Council, staff has begun toactively enforceChapter 9.30 regarding
Security Alarm Systems by issuing warnings and encouraging ourresidents and business to
take steps to prevent nuisance false alarm calls.
Discussion
City’s law enforcement and fire personnel regularly respond to nearly 3,000 false security alarm
calls within our communityeach year. Many of these calls are often repeat offenders. As a
result, both agencies are forced to direct limited resources to these false alarm calls rather than
otherhigherpriority public safety calls.
False Alarms Ordinance & Assessment
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Currently, the existingmunicipal code provides provisions and penalties associated with
excessive false alarm calls related torobbery and/or burglary calls forcommercial businesses. It
does not address false alarm calls related to fire alarms or residential calls for police or fire
services. In addition, the existing municipal code was established more than 30 years ago.
City staff worked in coordination with our PoliceDepartment, Fire Department and City Attorney
to review existing municipal codes in a variety of other cities to ensure the proposed municipal
code was comparable and enforceable.
Key changes to the City’s existing municipal code include removing the tediouspermitting
process for those with an alarm, removal of specific fine/penalty amounts, and the addition of
provisions for residential and fire related false alarms.
In November, the PublicSafety Advisory Commission reviewed the proposed changes.The
restated municipal code eliminates unnecessary processes related to security alarms and,
instead, focusessetting regulations and assessments that aim to reduce excessive public safety
responses necessitated by costly false alarm activations.
Upon receiving a call for service related to an alarm activation, first responders will determine
whether a false alarm has occurred. If so, the officer responding to the alarm willleave a notice
at the premises that includesthe date and time of the response andastatement that the alarm
was a “false alarm.” The notice shall also state that the user should act to correct the causative
problems and a warning that more than two false alarmsin any 12-month period is excessive.
Upon a third false alarm call within 12 months, the City will issue a citation by mail.
The proposed resolution formally establishes service assessment feesfor false alarm
activationsbased on the City’s overall cost of service for police and fire. The proposed fees
were determined based on the average response timeand can be reviewed an adjusted
annually based on changes in costs for service.
The payment and appeal process related to Chapter 9.30 for False Alarm Activations will follow
the City’s existing process as specified in Chapter 1.20 regarding Administrative Citations. More
specifically, payment will be required within 30 days from the date of the citation and a request
for an appeal can be made within 15 calendar days for the citation.
Fiscal Impact
The City would expect a positive fiscal impact due to cost recovery associated with false alarm
calls. Cost recovery would vary on a case by case basis.
Exhibits
A –Ordinance Amending and Restating Chapter 9.30
B–Resolution Establishing Service Assessment Feesfor False Activations
ORDINANCENO. 2019–____
AN ORDINANCEOFTHECITY COUNCILOFTHECITYOF LAKE ELSINORE
AMENDING AND RESTATING TITLE 9, CHAPTER 9.30 OF THE LAKE ELSINORE
MUNICIPAL CODE (LEMC) REGARDING SECURITY ALARMSYSTEMS
Whereas,the City’s law enforcement and fire personnel respond to nearly 3,000 false alarm calls
per year, requiring limited public safety resources to be used for false alarm calls rather than other
priority public safety calls for service; and,
Whereas,the City Council seeks to set forth regulationsand assessments addressing excessive
public safetyresponses necessitated by false alarms.
NOW THEREFORE, THECITY COUNCILOFTHECITYOFLAKE ELSINOREDOESORDAIN
ASFOLLOWS:
Section1: LEMC Chapter 9.30, Security AlarmSystems,isherebyamended and restated in its
entiretyasfollows:
Chapter 9.30
REGULATION OF FALSE ACTIVATIONS OF FIRE, BURGLARY AND ROBBERY ALARMS
Sections:
9.30.010 Definitions
9.30.020 Prohibitions
9.30.030 False alarm procedures
9.30.040 Excessive false alarms and service assessment
9.30.050 Violations and payment of service assessment
9.30.060 Appeal
9.30.010 Definitions.
The terms used in this chapter have the meaning set forth below:
“Alarm system” means any device designed for the detection of a fire, or detection of any
unauthorized entry on premises or for alerting others of the commission of an unlawful act or both,
and when activated, emits a sound and/or transmits a signal to indicate that an emergency exists,
and to which peace officers and/or fire officers are expected to respond.
“Alarm user” means any person using an alarm system at his or her place of business, residence
or property.
“City” means the City of Lake Elsinore.
“False alarm” means the activation of an alarm system resulting in a response by a first responder
when an emergency situation does not reasonably appear to exist; provided that alarm activations
generated by natural disaster or other violent conditions of nature not subject to the control of the
alarm user shall not constitute a false alarm.
Ord. No. 2019–_____
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“Fire department” means the CALFIRE/Riverside County Fire Department officers as designated
by the City for fire protection.
“First responders” means Riverside County Sheriff or Riverside County Fire Department officers
as designated by the City for law enforcement or fire protection.
“Person” means natural person, firm, partnership, association or corporation.
“Police department” means the Sheriff's Department of the County of Riverside providing law
enforcement services to the City.
“Service assessment” means a fee paid to the city after an excessive number of false alarms
within the specified period of time based on the cost of service to the City.
9.30.020 Prohibitions.
A.No person shall use or cause to be used any telephone device or telephone attachment that
automatically selects a public telephone trunk line to the police department and then
reproduces any pre-recorded message to report any unlawful act or other emergency.
B.All alarm systems sold for installation and installed within the City shall utilize approved
Underwriter's Laboratories or equivalent rated and protected equipment.
C.No person shall operate or use, or cause to be operated or used, any alarm system that emits
a sound likethat of any emergency vehicle siren or civil defense warning system.
D.No person shall operate or use, or cause to be operated or used, an alarm system designed
to report an armed robbery (as defined in California Penal Code Section 211 et seq.) for any
purpose other than reporting robberies or other crimes involving potential immediate serious
bodily injury or death.
E.No person shall knowingly turn in a false alarm. This section does not prohibit a test of an
alarm system if procedures are taken to ensure that the police department and/or fire
department is notified of the intended test prior to the activation.
9.30.030 False alarm procedures.
If the first responders determinethat a false alarm has occurred, the officer responding to the
alarm shall leave a notice at the premises which shall include the date and time of the response
and a statement that the alarm was a “false alarm.” The notice shall also state that the user should
act to correct the causative problems and a warning that more than two false alarms, including,
but not limited to, more than two false fire alarms, or false robbery or burglar alarms, in any 12-
month period is excessive.
9.30.040 Excessive false alarms and service assessment.
A.Three or more false alarms within a 12-month period, commencing from the date of the first
false alarm, is deemed an excessive number of false alarms.
Ord. No. 2019–_____
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B.Multiple activations of an alarm system within a single calendar day shall count as only one
false alarm for the purposes of this chapter.
C.A service assessment shall be paid to the City by an alarm user after an excessive number of
false alarms have been received from a business, residence or property.
D.The amount of the service assessment shall be set according to resolution adopted by the
City Council.
9.30.050 Violations and payment of service assessment.
A.Violations and payment of a service assessment as provide in this chapter may be enforced
pursuant to the provisions of Chapter 1.20 LEMC.
B.Payment of a service assessment shall not excuse or discharge any continuation or repeated
occurrence of the violation that is the subject of the citation.
9.30.060 Appeal.
A citation for violation of this chapter may be appealed pursuant to the provisions of Chapter 1.20
LEMC.
Section 2:Severability.IfanyprovisionofthisOrdinanceoritsapplicationisheldinvalid
bya courtofcompetentjurisdiction,suchinvalidityshallnotaffectotherprovisions,sections, or
applicationsoftheOrdinancewhichcanbegiveneffectwithouttheinvalidprovision or
application,andtothisendeachphrase,section,sentence,orwordisdeclaredtobe severable.
Section 3:Effective Date.ThisOrdinanceshallbecomeeffectiveat12:01a.m.onthe
thirty-first (31st) dayafterthedateofadoption.
Section 4:Certification.The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted on this_____dayof__________, 2019.
Steve Manos
Mayor
Attest:
Mark Mahan,
Deputy CityClerk
Ord. No. 2019–_____
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STATEOF CALIFORNIA )
COUNTYOF RIVERSIDE ) ss.
CITYOF LAKE ELSINORE)
I,Mark Mahan,Deputy CityClerkoftheCityofLake Elsinore,doherebycertifythat the
foregoingOrdinanceNo. 2019-_____ wasintroduced at the Regular meeting of _________,
2019, andadopted bytheCity CounciloftheCityofLake ElsinoreatitsRegularmeetingof
________, 2019,bythefollowingvote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IfurthercertifythatsaidSynopsiswaspublishedasrequiredbylawina newspaperofgeneral
circulationintheCityofLake Elsinore,Californiaonthe_____dayof__________,2019, and
onthe ______dayof_________,2019.
Mark Mahan
Deputy CityClerk