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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