HomeMy WebLinkAbout1989-03-07; City Council; 9900; Amend Carlsbad Municipal Code Title 8 Chapter 8.50C""I
I/'\ I
ti) z .
~
~
0
~
QJ
0 ::,
~
0
1-1
+J
i::
'M
.-I
•rl
0 0 i:: ::, ~ 0 u 0
°' a:
00 0.. -~ ,-.. -C""I
.. z
0
~ <
..J -u z :,
0 u
A
CIT~~ OF CARLSBAD -AGENf l BILL 1i --------
AB# 9-°tDO
MTG. 3-7-89
DEPT. POL
Dill;
RECOMMENDED ACTION:
AMEND CARLSBAD MUNICIPAL CODE
TITLE 8, CHAPTER 8.50
Introduce Ordinance No. NS-S3 amending Carlsbad Municipal Code Title 8,
Chapter 8.50 to establish assessment of false alarm penalty fees within the City
of Carlsbad. •
ITEM EXPLANATION:
Since 1984, when the present version of Chapter 8.50 regul::iting alarm
systems was adopted, there has been an increasing frequency of false alarms.
This increase in false alarms increases the risk of dangt:!1· to citizens and police
officers and reduces the ability of the police department to respond to other
legitimate calls for" services.
From 1984 to June 1986 there was an incidence of 98.8% false alarms.
During the period of June 1$86 to June 1987, the false alarm rate was 99.3%.
The false alarm rate for 1988 was 3,233, or 99.2%.
The proposed ordinance is intended to institute a system of penalty
assessments, suspension of permits and discontinuance of response to false
alarms with an aim toward reducing this false alarm rate. The fine system
speGified in Section 8.50.080 begins three months after a new alarm is
permitted and increases as the number of false alarms increase during a one
year period.
FISCAL IMPACT:
The system of fines and collections could best be handled by a private
collection agency. The department is investigating the costs of this service.
Other similarly sized cities have used such private collection services with the
experience the fines collected approximately equal costs of the service.
EXHIBITS;
1. Ordinance No. IJ S-S 3
I
________....___
--~_......-
J.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO~ NS-5 ___ 3 __ _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLST,AD, CALIFOIWIA AMENDING TITLE 8,
CHAPTER a.so OF THE CARLSBAD MUNICIPAL CODE TO
SET FEES FOR FALSE ALARMS.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION I: That Title 8, Chapter 8.50 of the Carlsbad
Municipal Code is amended by the amendment of Section 8.50.030
to delete the last sentence.
SECTION 2: That Title 8, Chapter 8.50 of the Carlsbad
Municipal Code is amended by the amendment of Section 8.50.050 by
the amendment of the first sentence to read as follows:
"If, at any time it shall come to the attention of the
chief of police that the owner or lessee of an alarm system has
violated any provision of this chapter, rules or r~gulations made
pursuant to this chapter, including but not limited to, false
alarms which exceed the numbers permitted pursuant to Section
a. 50. 08 o of this chapter, or has failsd or refused to pay the
false alarm panalty assessment fee as providad in this chapter,
the chief of police may serve such owner or lessee with a written
order of permit suspension, which shall state the reason or
reasons for such Euspension.11
SECTION 3: That Title 8, Chapter 8.50 of the Carlsbad
Municipal Code is amended by the amendment of Section 8.50.080 to
read as follows:
11 8.50.080 False alarm penalty assessment.
Except as provided herein, any person maintaining, using
or possessing an alarm system which results in a police response
in which the alarm ~roved to be a false alarm, shall pay a penalty
assessment fee to the City of Carlsbad as follows:
(a) A written warning for the first false alarm.
(b) For the second false alarm occurring within a one
year period following the written warning aoove, a penalty
assessment of $25.
(c) For the third and subsequent false alarms occurring
within a one year period following the written warning above, a
penalty assessment of $50.
, (d) In addition to the foregoing, for the fourth and
subsequent false alarms occurring within a one year period
f
-r ............. .....----,-,,,.----.,--
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
J.9
20
21
22
23
24
25
26
27
28
following the written warning above, the Chief of Police may
discontinue any response to an alarm at the business or residence
location until satisfactory proof of correction has been provided.
Proof of correction shall be a written letter from the resident,
occupant or person residing at the property or from the alarm
company stating that the problem has been corrected and that all
occupants or employees are aware of the alarm, its location, its
method of activation and have been trcined regarding it use to
prevent its accidental activation. Upon receipt of satisfactory
evidence of correction of a faulty system or upon installation of
a new alarm system, the Chief of Police shall initiate a new one
year perion for purposes of counting false alarms.
The time periods specified above shall not commence until
three months after the issuance of an alarm permit.
(e) In addition to any other relief, for those alarms
which are designed to be activated while a business is open to the
public or occupied and which requires activation by an employee or
a residential alarm which is designed to be activated by a person
from within the residence which alarms indicate the commission of
a crime defined by California Penal Code Section 211 (robbery) or
Section 459 (burglary) and which exceed the maximum all "Jwable
number of false alarms as set forth in this section shall pay a
penalty assessment of $100.11
SECTION 4: That Title 8, Chapter 8.50 of the Carlsbad
Municipal Code is amended by the addition of Section 8.50.160 to
read as follows:
11 8. 50. 160 Administrative regulations. The Chief of
Police may adopt and administer such regulations as are necessary
and convenient in order to carry out the provisions of this
chapter."
SECTION 5: That Title 8, Chapter 8.50 of the Carlsbad
Municipal Code is amended by the renumbering of Section 8.50.160
to 8.50.170.
EFFECTIVE DATE: This ordinance shall be effecti.ve thirty
days after its adoption, and the city Clerk shall certify to ths
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
2
/
------_..,___
1
2
;;
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
t)"1 ,.,.,_
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the __ 7_th __ day of __ M_a_r_c_h ____ , 1988,
and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 14th day of _M_a_r_ch ___ _
1989, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, and Larson
NOES: None
ABSENT: Council Members Kulchin and Mamaux
APPROVED AS TO FORM AND LEGALITY
ATTEST:
_r1e.x4 l~
ALETHA L. RAUTNKRANZ,City\ Clerk
3
/
d