MEMORANDUM TO: Beverly R. Cameron, City Manager
FROM: David W. Nye, Chief of Police
DATE: August 6, 2013
RE: Amendment to Ordinance Regarding Burglar Alarms
ISSUE
Shall City Council adopt an escalating fine schedule for false burglar alarms, and make additional changes to the City’s burglar alarm ordinance?
RECOMMENDATION
Staff recommends that City Council amend Chapter 34, Article II of the City Code to update and clarify the ordinance. The goal of the amendments is to encourage commercial and residential property owners to maintain and upgrade their burglar alarm systems to meet modern standards. With proper maintenance and installation, the alarm system will be less susceptible to false activation including bird strikes and weather events. Continued police response to false alarms hurts the community and poses a danger to law enforcement officer safety. The community is hurt because law enforcement resources are diverted; and police officers must resist becoming complacent. Staff recommends an effective date of January 1, 2014 for this proposed alarm amendment. This should allow sufficient time to educate the public and the area alarm companies of the changes noted below.
BACKGROUND
This item is on Council’s agenda as a transmittal for information on August 13, 2013. Staff proposes first reading approval of the attached ordinance on August 27, 2013. Second reading and final approval would be scheduled for September 10, 2013. The ordinance is recommended to take effect January 1, 2014.
As stated in the purpose of the code, Section 34-31: “The regulation of alarm systems and false alarms is necessary to promote the health, safety and welfare of the people of the city insofar as substandard alarm equipment and false alarms constitute a hazard to the police and public in general. A false intrusion or robbery alarm increases police costs, diverts police resources from regular duties, and enhances the danger of auto collision or other incidents en route to the alarm site.”
Burglar Alarm Memo August 6, 2013
Page 2 of 3 The ordinance currently in place was amended in June 2011. Although there has been a reduction in false alarms since the 2011 amendment, this reduction can also be attributed to a more aggressive administrative alarm management system that was implemented in 2009. The number of false alarms can and should be reduced even further. A position paper on alarm management from the International Association of Chiefs of Police (IACP) and a model alarm ordinance created by the Virginia Association of Chiefs of Police (VACP) suggests that following their model could reduce police response to false alarms by fifty to seventy percent. The proposed alarm amendment reflects the VACP model.
For calendar year 2013, the Fredericksburg Police Department has 702 active alarm permits on file. Of those, 279 are for commercial structures and 423 are for residential structures.
Fredericksburg Police alarm statistics for the last 4 calendar years are noted below: • 2009
o Total alarms dispatched: 1786 o Total alarms determined false: 1769 • 2010
o Total alarms dispatched: 1614 o Total alarms determined false: 1588 • 2011
o Total alarms dispatched: 1443 o Total alarms determined false: 1422 • 2012
o Total alarms dispatched: 1306 o Total alarms determined false: 1300
For officer safety purposes, two police officers are dispatched to every alarm. The average duration of an alarm call is approximately thirty minutes, which totals to an equivalent of sixty minutes of staff response time for each call. The average hourly rate for a police officer in the field is $23.04. This hourly rate multiplied by the number of false alarms that occurred during CY 2012 equals $29,952 worth of wasted resources which could be better used policing our neighborhoods and commercial areas.
The major changes to this ordinance are outlined below:
• Fines only. Currently, Sec 34-33 (f) states “Any person who continues to use an alarm system or fails to disconnect it, in violation of Section 34-66 shall be guilty of a Class 4 misdemeanor.” The proposed ordinance will change all mechanically based false alarms to a fine only.
penalty or 24 false alarms per year. The proposed ordinance will calculate false alarms over a calendar year.
• Increasing fines for false alarms. The proposed ordinance has a scale of increasing fines based on continual false alarms.
• Intentionally activating a false alarm will be a class 2 misdemeanor. Currently, the ordinance states “Any person who without just cause therefore activates an alarm system shall be deemed guilty of a Class 4 misdemeanor.” The proposed ordinance states “Any person who activates an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm shall be guilty of a Class 2 misdemeanor.”
• Discontinuance of law enforcement response. The proposed ordinance allows for discontinuance of law enforcement response to burglar alarms when the alarm permit has been revoked or suspended. This does not apply to panic alarms. The Police Department would be required to notify the premises owner in writing prior to discontinuing law enforcement response to an activated alarm at the premises. The Police Department would continue to respond to a call for assistance at the premises, like any other premises in the City – only responses to the automatic alarm would be discontinued.
FISCAL IMPACT
Although the overall goal of this ordinance revision is compliance and a reduction in false police alarm responses, there may be an increase in alarm fines processed and received by the City. This amount is difficult to estimate. However, if this ordinance revision produces a fifty percent reduction in false police alarm responses during CY 2014, by the alarm and salary figures noted above, we stand to increase the resources available for active policing within our community by 650 patrol hours and the equivalent of $14,976 in average salary compensation.
Attachment: Copy of amended City Code Chapter 34, Article II Copy of IACP Position Paper on Alarm Management Copy of VACP Proposed Draft Police Alarm Ordinance
MOTION: August 27, 2013 Regular Meeting
SECOND: Ordinance No. 13-__
RE: ESTABLISHING A NEW ESCALATING FINE SCHEDULE FOR FALSE
BURGLAR ALARMS, AND ADDING DUTIES OF ALARM USERS AND ALARM COMPANIES, THROUGH AMENDMENTS TO THE CITY CODE CHAPTER 34, “EMERGENCY SERVICES”, ARTICLE II, “BURGLAR ALARMS”
ACTION: _____________________; Ayes:0; Nays: 0
FIRST READ: _______________________ SECOND READ:______________________
IT IS HEREBY ORDAINED by the City Council of the City of Fredericksburg,
Virginia, that Chapter 34, Article II of the City Code is amended as follows:
SEC. I. City Code Amendments.
DIVISION 1 - GENERALLY Sec. 34-34 Purpose of article.
The regulation of alarm systems and false alarms is necessary to promote the health, safety, and welfare of the people of the city insofar as substandard alarm equipment and false alarms constitute a hazard to the police and public in general. A false intrusion or robbery alarm increases police costs, diverts police resources from regular duties, and enhances the danger of auto collision or other incidents en route to the alarm site.
Sec. 34-32. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm company operator means the business by any person:
(1) Selling, leasing, maintaining, servicing, repairing, altering, replacing, removing, or installing any alarm system.
(2) Causing to be sold, leased, maintained, serviced, repaired, altered, replaced, removed, or installed an alarm system in or on any building, structure, or premises.
(3) Operating an alarm system for an alarm user whereby the initial signal is transmitted to the alarm business.
Such term, however, shall not include alarm systems maintained by governmental agencies or departments, nor shall it include a business which merely sells from a fixed location or manufactures alarm systems unless such business services, installs, monitors, or responds to alarm systems at the protected premises.
Alarm system means an assembly of equipment, either mechanical or electrical, arranged to signal an unlawful entry or other unlawful activity requiring urgent attention at protected premises and to which a law enforcement agency may reasonably be expected to respond. The term shall include, but not be limited to, localized or audible alarms.
Alarm user means any person in control of any protected building, structure, or premises where an alarm system is maintained or any person, acting as agent or otherwise, who is issued an alarm permit.
Automatic dialing device means a device interconnected to a telephone line and programmed to select a predetermined telephone number and to transmit by voice message or code signal an emergency message indicating a need for emergency response.
False alarm means the activation or failure of an alarm system through mechanical or electronic failure; malfunction; improper installation; or the negligence of the alarm user, his/her employee, or agents that elicits means an alarm signal eliciting a response from a law enforcement agency when a situation requiring such response does not in fact exist. However, it shall not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm user or alarm company operator.
Permit holder or "permittee" means the owner of the protected premises or the applicant, in lieu of the owner, on the application.
Runaway alarm means an alarm system that produces repeated alarm signals that do not appear to be caused by separate human action.
SIA Control Panel Standard CP-01 means the American National Standard Institute (ANSI) approved Security Industry Association (SIA) CP-01 Control Panel Standard. Control panels built and tested to this standard will be marked: “Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction.”
Police alarm board means a signal board at police headquarters receiving input directly from an alarm system.
Sec. 34-33. Violations; penalties.
(a) Except as otherwise specifically provided in this section, any person who violates a provision of this article shall pay a fine of $50.00 $100.00.
(b) Any alarm user of an alarm system which sends multiple false alarms within a calendar year shall pay a fine to the city of $50.00 for the third and each subsequent false alarm within any calendar month in accordance with the following schedule:
August 27, 2013 Ordinance 13-__ Page 3
a. Third, fourth and fifth false alarm … $50.00 each b. Sixth and seventh false alarm……...$100.00 each c. Eighth and ninth false alarm ……...$250.00 each d. Tenth and over false alarms ………...$500.00 each
(c) Any alarm user who fails to deactivate an alarm system within one hour after notification by the police department that such alarm system has been activated shall pay a fine of $50.00 to the city.
(d) The chief of police shall have the authority to issue written notices of violations of this section. Proper notification shall be deemed to have been made when a certified letter has been mailed to the last known address of the alleged violator or to the residence of the permit holder as submitted on the application. All fines due under this section shall be paid directly to the Police Department city treasurer. Any person who violates any provision of this section and fails to pay the assessed fine within ten business days from the date of such notice shall be guilty of a class 4 misdemeanor.
(e) Any person who without just cause therefore activates an alarm system shall be deemed guilty of a class 4 misdemeanor.
(f) Any person who continues to use an alarm system or fails to disconnect it, in violation of
section 34-66 shall be guilty of a class 4 misdemeanor.
Sec. 34-34. Exceptions.
The provisions of this article shall not be applicable to audible alarms affixed to automobiles, boats, boat trailers, house trailers, or recreational vehicles or to alarm systems which generate a signal limited to the protected premises and intended to alert only persons on the premises.
Sec. 34-35. Limitation on liability of city.
The city shall be under no duty or obligation to a permittee or any other person pursuant to any provisions of this article, including, but not limited to, liability for any defects in an alarm system or any delays in transmission or responses to any alarm.
Sec. 34-36. Authority to establish additional regulations.
The chief of police shall have the authority to promulgate regulations pursuant to this article, including, but not limited to:
(1) Registration and forms; (2) Permit fees and fines; (3) Processing false alarms;
(4) Alarm response procedures, including discontinuance of police response to a runaway alarm and alarm company response requirements;
(5) Alarm deactivation procedures; (6) Recordkeeping; and
(7) Administration and enforcement of this article.
DIVISION 2. – PERMIT Sec. 34-61. Permit required.
No person shall install or maintain in the city any alarm system without having a valid permit issued in accordance with this article. Such permit may be obtained either by the owner of the protected premises, the owner's agent or by an alarm company operator as agent for such owner.
Sec. 34-62. Application.
(a) All original applications for permits under this article shall be filed with the chief of police or his designee.
(b) The chief of police shall prescribe the form and contents of the application, which shall contain the following pertinent information such as on the applicant, and the premises where the alarm is installed:, type of system, manufacturer's name, service company's name, premises owner's name, and full information on at least two people who can be reached if the alarm is activated and who are authorized to deactivate the alarm system. (c) The treasurer will send out yearly renewal notices and the Police Department will receive
the annual permit fee. No renewal permits shall be issued if there are unpaid alarm-related fines or permit fees.
(d) The permit holder shall update the contact information for two people who can be reached if the alarm is activated, and who are authorized to deactivate the alarm system, each year at the time the permit is renewed and during any year within 30 days after a change in the information.
(e) Multiple alarm systems. If an alarm user has one or more alarm systems protecting two or more separate structures having different addresses and/or tenants, a separate application and permit is required for each structure and/or tenant.
(f) Transfer of possession. When possession of the premises at which an alarm system is maintained is transferred, the new alarm user shall file an application for an alarm permit within thirty days of obtaining possession of the property. Alarm permits are not transferable.
August 27, 2013 Ordinance 13-__ Page 5
Sec. 34-63. Grounds for denial.
An alarm system permit may be denied by the chief of police if:
(1) An applicant fails to comply with or meet any requirement of this article; (2) An applicant makes a material false statement on his application; or
(3) The chief of police makes a written determination that the issuance of a permit would constitute an unreasonable burden to the police department or would endanger the public safety.
Sec. 34-64. Fee.
All permits and renewals of permits under this article shall be issued upon the payment of a $40.00 permit fee. This fee may be prorated on a quarterly basis for original permit applications for less than an entire calendar year.
Sec. 34-65. Term.
A permit issued pursuant to this article shall be valid only for the calendar year in which it is issued. If the original application is for less than an entire year, an original permit may be issued for a term not to exceed 23 months.
Sec. 34-66. Prohibited acts.
(a) Automatic dialing devices shall not be installed to any trunk line going into a city building other than on a line specified by the chief of police.
(b) No applicant, person or entity shall use an alarm system when permission to use such system has been denied, revoked or suspended pursuant to section 34-63 or 34-67 herein, and no applicant, person or entity shall fail to disconnect such alarm system within ten days after such denial, revocation and/or suspension.
(c) Any person who activates an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to causes a false alarm shall be guilty of a class2 misdemeanor.
(d) It shall be unlawful to install, maintain, or use an audible alarm system which can sound continually for more than 10 minutes.
Sec. 34-67. Suspension or revocation.
(a) The chief of police may revoke or suspend a permit issued under this article if: (1) The permit application contains a false statement of a material fact;
(2) The permittee or alarm company operator fails to comply with any provision of this article or the regulations adopted by the Chief of Police; or
(3) An alarm system repeatedly activates false alarms.
(4) An alarm user fails to pay a fine within thirty-five days of its assessment.
(b) Upon revoking or suspending a permit, the chief of police shall mail written notice of the revocation or suspension to the alarm user stating the reason therefore, the duration of the suspension if applicable, and the conditions under which the permit will be reinstated. The written notice shall inform the alarm user that police response to the alarm will be discontinued during the period of revocation or suspension. The written notice shall inform the alarm user of an administrative process through which to appeal the revocation or suspension.
Sec. 34-68. Duties of an Alarm User.
An alarm user shall:
1. Provide the alarm company the permit number, (the number must be provided to the communications center by the alarm company to insure dispatch);
2. Respond or cause a representative to respond to the alarm system’s location within thirty minutes when notified by the Fredericksburg Police Department;
3. Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.
4. Obtain a new permit and pay any associated fees if there is a change in address or ownership of a business or residence.
5. Renew an alarm permit every calendar year.
Sec. 34-65. Duties of an Alarm Company Operator
(a) An alarm company operating in the City of Fredericksburg shall ensure the alarm user has a valid alarm permit issued by the City of Fredericksburg Police Department before installing or activating any alarm system, commercial or residential.
(b) All new and upgraded alarm system installations shall use alarm control panels which meet SIA Control Panel Standard CP-01.
SEC. II. This ordinance shall take effect on January 1, 2014. Approved as to form:
_________________________ Kathleen Dooley, City Attorney
August 27, 2013 Ordinance 13-__ Page 7
Clerk’s Certificate
I, the undersigned, certify that I am Clerk of Council of the City of Fredericksburg, Virginia, and that the foregoing is a true copy of Ordinance No. 13-____ duly adopted at a meeting of the City Council held __________________, at which a quorum was present and voted.
____________________________
Tonya B. Lacey, CMC Clerk of Council
