HomeMy WebLinkAboutORDINANCE 1122-1986Suggested byi Administration
CITY OF KENAI
ORDINANCE NO* 1122-86
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKAt
AMENDING KMC 12.30 ENTITLED "BURGLAR AND HOLD-UP ALARM SYSTEMS"
BE REPEALED AND RE-ENACTED AND TITLED "ALARM SYSTEMS."
WHEREAS, building alarm systems are valuable and effective crime
prevention measures; and,
WHEREAS, certain deficiencies exist in the present alarm
ordinance, including but not limited to, a lack of incentive on
the part of alarm owners to insure that false alarms are not
generated; and,
WHEREAS, the present alarm ordinance as delineated by KMC 12.30
Is cumbersome; and,
WHEREAS, the proposed ordinance better addresses the problems
resulting from substantial increases in the number of alarms
within the community; end,
WHEREAS, the proposed ordinance provides specific means of
addressing an increasing number of false alarms; and,
WHEREAS, the proposed ordinance alleviates the isceseity of
direct answering alarms by the Kenai Police Department; and,
WHEREAS, the proposed ordinance provides for escalating fees
charged for increasing numbers of false alarms from the some
source.
NOWt THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the Kenai Municipal Code, Section 12.30,
entitled "Burglar and Hold -Up Alarms" is rescinded and re-enacted
as follower
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CHAPTER„ 12.30
ALARM SYSTEMS
Seetionee
12.30.010
Definitions
12.30.020
Prohibited Acts
12.30.030
Alarm Registration
12.30.040
False Alarm Charges
12.30.050
Existing Alarms
12.30.060
Penaltiee and Remedies
12,30.010 Definitione: (a) "Alarm" means any operable
device except an orriciat municipal fire alarm, but including
without limitation, automatic dialing devices which telephone a
pre-recorded message or transmit a signal or message to the Kenai
Police Department and devices that produce an audible or viaible
signal which is intended to alert the police or some other person
that a criminal act or other emergency exists and requires
assistance. Devices commonly known as "smoke alarms" intended
primarily for residential use and designed to emit a signal upon
the detection of smoke, fumes, or heat, shell not be considered
alarms for purposes of this chapter.
(b) "Chief of Police" means the chief of the Kenai Police
Department or his designee.
(c) "False Alarm" means an alarm signal that the chief of
police determines Is caused by a reason other than condition
which the alarm is designed or intended to detect or a natural
phenomenon beyond the control of the owner.
(d) "Owner" means a person who is responsible for the
proper operation of an alarm under this chapter and who has
registered with the Kenai Police Department purauenL to Section
12.30.030 of this chapter.
12.30.020 Prohibited Acts: (a) No person shall cause,
permit, or allow a raise alarm signal to be emitted from an
alarm.
(b) No person shall own, install, connect, operate, or
possess an alarm except as provided in this chapter.
(c) No person shall own, operate, connect, install, or
possess an audible alarm unless that alarm automatically ceaeva
to tilt an audible sound after 15 minutes and does not repeat the
audible sound for a like period thereafter.
(d) No person shall install, connect, own, or possess an
automatic direct dial alarm in such a fashion as to ring any
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telephone number at the Kenai Polies Depar men _ w
(e) No alarms, except for the existing Direct Connect
Alarms Systems of financial institutions and City operated
systems, will be installed in the Kenai Police Department.
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12,30.030 Alarm Registrations A person who owns or
register immediately certain information
possesses an alaria shell
required by the Chief of Police with the Kenai Police Department
including, without limitation, the identity of the owner,
location of the alarm, the name and telephone number of a
is
responsible individual for that alarm. If the alarm an
two individusla
unmonitored audible alarm system, the name of
authorized to enter premiere, one of whom shall be available at
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all times, to correct any alarm malfunction, must also be
is a continuing obligation to keep the
provided. An owner under
information on his registration current by reporting any change
to the Kenai Police Department within ten (10) days from the date
of change.
12.30.040 False Alarm Charges: (a) Except as otherwise
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provided herein, the owner of an alarm shall pay a charge in
false alarm to
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accordance with this section for each and every
which the police respond, as follows:
Except four false alarms at each identifiable
eeparate location during a period of one (1) No Charge
calendar year -
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The fifth (5th) false alarm through the : 50.00
tenth (10th) false alarm -
For each false alarm in excess of ten - $200.00-
(b) The City shall bill the owner for false alarms, and the
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owner shall pay those charged in the manner provided by the City.
to this
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If an owner fails to pay charges assessed pursuant
sectiont the City may seek payment by any lawful means.
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This section shall not apply to false alarms occurring
within 30 days immediately following installation of that alarm.
(7)
of
(d) This section shall not apply foray perio
system ftseven
days after receipt of written notice that y
Only two
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being upg*gded, repaired, or receiving maintenance.
such seven-day periods will be granted in any calendar year..>,r.::.
y:
12.30.050 Existing Alarms: Any person who presently owns,
operates, or possesses any alarm within the City of Kenai which::'`'''
does not conform to the requirements of this chapter, shall
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disconnect that alarm and render it inoperable or alter it
the date of
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accordance with this chapter no later than effective
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this chapter.
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12.30.060 Penalties and Remedies (a) In addition to
any other remedy or pens. y providedy this chapter, or
violates a provision
a.••: ;"''e't
available at law or in equity, a person who
of this chapter shall be subject to a civil penalty of not more
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than $1000.00 for each offense, or injunctive reli-4 to restrain
the person from continuing the violation or threat of the
violation, or both such civil penalty, and injunctive relief -
Upon application by the City for injunctive relief, and a finding
that a person is violating or threatening to violate a provision
of this chapter, the Superior Court shall grant injunctive relief
to restrain the violation.
(b) Each day during which a violation described in this
section occurs shall constitute a separate offense.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA# this 16th day
of April, 1986. ,4 ,
ATTEST:
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t Whelan,g_fflwyoferk
4/21/86
TO1ACO- NU_eYOR
First Reading: March 19, 1986
Second Reading: April 16, 1986
Effective Date: July 1, 1986
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KENAI POLICE DEPT*
10160 M WUOw W., WM% ALAW M11
TQI.E "M mmo
TO: SILL BRIG HTON. CITY MANAGER
FROM: RICHARD ROSS, CHIEF OF POLICE 4C
SUBJECTi PROPOSED ALARM ORDINANCE
DATE: 3-25-86
Attached is a packet of information that was sent to each registered alarm user
in the City of Kenai. it �.ontains much of the information we discussed when the
ordinance was drafted. It may be beneficial to council to receive this packet as
an information item in the council packet. It could assist them in the
evaluation of any public comment received.
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KENAI POLICE DEPTs
lot "M W"M W., Wu. AL4M M11
March 20is 1986
Dear Alarm User.
Attached is a copy of an Alarm Ordinance introduced at the Kenai City Council
meeting on 3-19-06. The public hearing on this ordinance will be on 4-16-86. If
adopted it will become effective on July 1, 1986 in order to provide adequate notice
for compliance. Any comments or suggestions you might have should be fowarded to se
as soon as possible.
The proposed ordinance is patterned after the ordinances of Anchorage and Fairbanks.
The basic philosophy of the ordinance is that alarm systems are valuable and
effective crime prevention measures. For that reason no registration or other fees
are being proposed in the ordinance. The proposed ordinance does attempt to address
the following problem areas:
1. Between 1984 and 1985 the number of registered alarms in the city
Increased by 322 (56 to 74). It is anticipated that this increase Will
continue into the future because of the ready availability of alarm
systems, particularly residential systems.
2. Between 1984 and 1985 the number of alarms responded to increased by 79Z
(190 to 335). Of the alarms responded to in 1985, 99.42 (333) Were false
alarms. (See attachment "B"). Response to false alarms generates both
tangible and intangible costs. It is conservatively estimated that in
tangible costs alone, it cost the City of Kenai in excess of $10,000.00 in
1985 to respond to false alarms, (attachment "C"). The man-hours used in
responding to false alarms could be better utilised in other enforcement
areas.
The two areas of major change in this ordinance that may affect you area
a0
at the Kenai Police Department. This is the same POLICY as twat or Me
Ft —her two law enforcement agencies in the Central Peninsula area. It is
also consistent with the ordinances of Fairbanks and Anchorage, on which
this ordinance was patterned. This recognizes the existence of alarm
companies and alarm answering services. It also recognizes that they have ------ -`�
greater technological capability to screen out false alarms. '
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b. Fees are charged £or all £else alarms in excoss of four (4) during
ca Mdar yearexcept under limited circumstanceso is approach is also
consistent with ordinances of the Cities of Anchorage and Fairbanks. The
fee structure is such that alarm owner& havd an incentive to assure that
employees are properly trained. it will also encourage alarm owners and
alarm companies/alarm answering services to put in place screening..:
measures to reduce the number of false alarms forwarded to the police.
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Ptoposed Maim Ordinance
Page TWO. —
Several alternatives were considered in the preparation of this ordinancs. One was
to grandfather in the direct connect eyatean of the financial institutions. We
was not done for several reasonse soma of them have very poor false alarm
histories and a screening system would be appropriates equity to othar userst cad
those •laswhere in the Central Peninsula area are not diraatly monitored with
apparent satisfactory results.
Another alternative suggested was to establish a centralized slaru eoaitoring
system. Registration and monthly service face would be charged ae wall as false
alarm ices. This would help offset the cost of response* as well as possibly
support the cost of additional dispatch personnel. This would allow for proper
alarm screening systems to be put in place. This alternative was r0acted as it
was putting the city in direct competition with private enterprise.
Again, your comments and suggestions will be appreciated and considered.
A
Respectfully,
IL
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chief of Police
Komi Police Department -
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KENAI POLICE DEPT.
-411
208 Richard am Me!fiA
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nmNt Lynda &iesch. Communications Supervisor
0=8 January 10, 1986 '"
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RM Alarm data !or 1994 a 1988
1984
Number of alarm systems registered with Iwo
56
74
A. Commercial:
44
Be
a. residential$
12
is
mumbms of alarm calls received
ISO
335
:' ...
A. false:
186
333
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B. true $
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of the systems registered the following breakdown shows the fre FWW Of
false alarms within aacb year.
Z-4calls $
22
79
S - 7 *allot
7
9
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8 -10 4418$
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11 a Over:
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0��/,e���gj�J 20 C*V UMM*NG TO
Direct Costs
A. fto or more officers raspand to each alarm, depending on Whether auto is
an instrusion or armed robbery alarm. .
2 x M hour x $22.30 + $22*30
:...
S. Added to this are the costs of the following:
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a. Dispatcher tins in receiving, dispatching• Contacting
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individuals as required to verify. inform ofs or reset glare.
b. Clerical time in recording alas registrations and histories.
Administrative and clerical time preparing notices to
Individuals with repeat false alarms and handling resultant
requests for meetings. etc.
C. 1985 anauel minimum cent to city for handling of false alarms is estimated
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to be in excase of $10,000.00.
2. Intanitible Costs
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A. possible traffic hazards posed when officers respond to alarms as
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get ten the
expeditiously as that particular type of alarm requires. In p
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(10) years patrol vehicles have been involveu in three (3) accidents in
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making such responses to false alarms. Two were very minor and only,'':,'
involved the responding unit. In one case, while investigation resulted in
the other party receiving a citation, the accident would not have occurred
under normal vehicle operation.
Be The mental attitude of response, based on "another false alarm"• can
result in mistakes and carelessness. This could have consequences varying
failure observe vehicles and persons in the area, to more
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from to properly
disasterous possibilities to both the officers and citizens involved. It
is hard not to d3velop this mental attitude when less than 11 of alarm
calls are actual.
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C. potential for error in contacting individuals at or near scene.
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*Footnote
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1. This is the minimum amount of approximate time loos. In many cases this is
greatly exceeded when premises are checked and/or secured pending arrival
of responsible parties.
2. This is based on hourly salary and benefits of an "E" step patrolman. This
could be higher based on officer rank and seniority.
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KENAI POLICE ®EPT•
20n"
10: Pill Brighton, City Manager
FRONT: Richard Roar, Chief of Police
SLWWT: Proposed Alarm ordinance
Re: Proposed Admendments
DATE: April 15, 1986
After receiving input from several alarm users at the proposed ordinance the
Eollowing vita are being reWeated:
1. section 12.30.040(a) third and fourth paragraph deleted and the
following added:
"the fifth(5th) false alarm through the tenth(l0th) false $50.00"
alarm -
2. Section 12.30.040(d) the last sentence be amended to read:
"only two such seven day periods will be granted in any
cales�ar year"
I met with the representatives of the local financial institutions. They have
some pretty good reasons why financial alarm monitoring should be maintained at
the police department. Attached is a proposed amendment that ate at tttcitC
representatives will be proposing.
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12.30.020 ' (e)
NO alarms, except for .the existing D"Cat Qonnect Ala&= of
financial institutions and city operated systems, will be installed in the Komi,
Police Department,
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