The URL can be used to link to this page

Home My WebLink AboutFS 2014-02-19 Item 2C - Ordinance/Resolution - False Alarm FinesTO: City of Tukwila Jim Haoerton, Mayor INFORMATIONAL U��U�^��U� nn�n ��n�o�mn n��n��~ u�u�~n�n��x��~�n��n�n Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: February 12, 2014 SUBJECT: Option to Enhance Revenues: Faise Alarm Fees ISSUE Review current faise alarm fees and approve fee increase. BACKGROUND Fees for police false alarms have not been adjusted since 1985 and fire false alarms have not been adjusted since 2004. As City resources are expended to respond to, and bill for false a|armo, an increase the fees is being proposed to help recoup City costs and also to deter the occurrence of false alarms. Responding to an Alarm When an alarm monitoring company receives an alert that an alarm has been thggered, they call 911 to report the alarm. The standard response for police is a minimum of two officers. When they arrive at the scene, they will walk the perimeter and check doors and windows for any signs of a break-in. If nothing suspicious is located and there are no signs of a breok-in, they mark the incident report as a false alarm. The average length of a response to a police false alarm is 10-20 minutes, depending on the size of the business or residence. Fire personnel are dispatched to an alarm in a similar manner with a minimum response time of 30 minutes. Response time is typically longer for fire because apparatus are usually responding from a fire station and must gear up before leaving the station. Costs to the City for responding to mha|oe alarm include apparatus usage and personnel time spent responding to the a|onn, as well as administrative time to bill and collect payment for the false alarm. Current False Alarm Fees False alarm fees are addressed in the Tukwila Municipal Code Chapter 8.08 False Alarms and Chapter 16.16 International Fire Code. The City currently charges false alarm fees when the City receives or responds to more than two false alarms of fire, intrusion, crime or other safety- related emergency at any single place of busineoa, home, vehicle or other premise or place within any calendar year. There is no charge for the first two false alarms for both police and fire. The third and subsequent police false alarms result in a fine of $25.00 each. After the third fire false a|onn, the fee is $50.00 per false alarm. The number of false alarms is calculated by calendar year. INFORMATIONAL MEMO Page 2 As mentioned previously, fees for police false alarms have not been adjusted since 1985 and fire false alarms have not been adjusted since 2004. While 8.08.040 states that failure to make payment for a false alarm in a timely manner constitutes a civil infraction, this has not been enforced. DISCUSSION False Alarm Statistics for the City The table below represents the number of false alarms for both police and fire for the last three complete calendar years. A large percentage of false alarms are not billable because they are either the first or second false alarm in a calendar year. Police Year Total # of false alarms # of billable false alarms Amount billed 2012 872 255 $6,375 2011 810 229 $5725 , 2010 837 267 $6,675 Fire Year Total # of false alarms # of billable false alarms Amount billed 2012 552 17 $600 2011 632 25 $900 2010 666 21 $800 Potential Impact for Increasing False Alarm Fees Should the City's false alarm experience under the increased fee structure mirror the experience before the increase, additional revenue would be generated. Should the occurrence of false alarms decrease under the increased fee structure, response and billing cost savings would be realized. Comparison of Surrounding Jurisdiction False Alarm Fees The table below lists several surrounding jurisdictions and the fees they charge for false alarms. The table does not include information on alarm registration fees, alarm renewal fees, or other action that may be taken by the jurisdiction responding to a false alarm. Source: City Codes, websites To change the fee structure, two sections of the Municipal Code, 8.08.040 False Alarm — Fines and 16.16.080, require modification. Language regarding the actual fees charged will be removed from the Code and set by Resolution. By setting the fees by Resolution rather than in the Code itself, it will be easier to update the fees on a regular basis. The proposed and current fee schedule for false alarms follows: 30 False Alarm Fees Jurisdiction 2n 4 5 6 >6 Bellevue $0 $75 $100 $125 $150 $200 $250 Burien 150 150 150 150 150 150 150 Kirkland 50 50 100 150 200 250 300 Redmond 0 25 50 75 100 Suspension of service Renton 0 0 0 50 50 100 100 1101111111•1111111.1 11111111111111111111111 200 200 Kent 0 0 81 108 Auburn 0 0 150 150 Des Mollies 0 0 100 200 200 Tukwila 0 0 25 25 25 25 25 Source: City Codes, websites To change the fee structure, two sections of the Municipal Code, 8.08.040 False Alarm — Fines and 16.16.080, require modification. Language regarding the actual fees charged will be removed from the Code and set by Resolution. By setting the fees by Resolution rather than in the Code itself, it will be easier to update the fees on a regular basis. The proposed and current fee schedule for false alarms follows: 30 INFORMATIONAL MEMO Page 3 False Alarm Proposed Fee Current Fire Fee Current Police Fee First $0 0 0 Second $0 0 0 Third $150 25 25 Fourth and Subsequent $200 50 25 The recommended fee structure will encourage alarm owners to take more steps to reduce the number of false alarms and keep the rates comparable with surrounding jurisdictions. Fees incurred in the new schedule will help to offset costs of responding to recurring false alarms. By keeping the fees limited to two rates, the billing process will continue to be straight-forward and easy to manage. We are also recommending that the civil infraction for failing to make timely payment for false alarms be removed from the Code as this part of the Code is not currently being enforced. Non- payment is pursued by the City's collection agency and business licenses are withheld for businesses with unpaid false alarm and other fees providing a payment incentive. Attached is an ordinance to amend 8.08.040 that will remove the false alarm fees from the TMC. Also attached is a resolution to set the new fee schedule for false alarms. Both the ordinance and the resolution should take effect at the same time. TMC 16.16.080 will be amended when Fire amends 16.16 International Fire Code. RECOMMENDATION Council is being asked to approve the Ordinance and Resolution. This item is scheduled for the February 24, 2014 Committee of the Whole and March 3, 2014 Regular Council Meeting. ATTACHMENTS Copy of TMC 8.08.040 Draft Ordinance Draft Resolution 31 32 RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1363 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.08.040, "FALSE ALARM — FINES," TO INCREASE FINES RELATING TO FALSE ALARMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1363 amended Title 8 of the Tukwila Municipal Code; and WHEREAS, Section 1 of Ordinance No. 1363 included Tukwila Municipal Code Section 8.08.040, which established fines for false alarms; and WHEREAS, the fines for police false alarms have not been adjusted since 1985, and the fines for fire false alarms have not been adjusted since 2004; and WHEREAS, it has been determined that false alarm fines should be increased to recover costs associated with responding to false alarms and to encourage alarm owners to reduce the number of false alarms; and WHEREAS, false alarm fines should be reviewed and updated on a regular basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 8.08.040 Amended. Ordinance No. 1363 §1 (part), as codified at Tukwila Municipal Code Section 8.08.040, "False Alarm — Fines," is hereby amended to read as follows: 8.08.040 False Alarm — Fines A. In the event that, in any calendar year, any department of the City receives or responds to a total of more than two false alarms of fire, intrusion, crime or other safety - related emergency at any single place of business, home, vehicle or other premises or place, the owner of said premises or place shall, within 10 days of receipt of written bill therefor, pay to the City the sum of $25.00 as to each such false alarm in excess of two W: Word Processing \Ordinances \False alarm fine increased strike -thru 2 -11 -14 VC:bjs Page 1 of 2 33 fee charged in accordance with the fee schedule to be adopted by resolution of the Tukwila City Council. B. TMC 8.08.040A shall not apply to any false alarm intentionally sent by a person with respect to whom the owner has no right of control by reason of an employment, means of electronic or mechanical device, other than a telephone, installed by the this section shall bear the burden of proving that the exception set forth in this a civil infraction. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force April 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \False alarm fine increased strike -thru 2 -11 -14 VC:bjs 34 Page 2 of 2 TITLE 8 - PUBLIC PEACE, MORALS AND SAFETY Sections: 8.08.010 8.08.020 8.08.030 CHAPTER 8.08 FALSE ALARMS Audible Alarm Nuisance Outside Audible Intrusion Alarm — Notice Required Automatic Telephone Dialing System — Connection with Police and Fire Communications Prohibited 8.08.040 False Alarm — Fines 8.08.010 Audible Alarm Nuisance Any alarm audible upon abutting property for a period in excess of one -half hour is declared to be a public nuisance and may be summarily abated by the Police Department. (Ord 1363 §1 (part), 1985) 8.08.020 Outside Audible Intrusion Alarm - Notice Required Any person connecting an outside audible intrusion alarm to any building located within the City limits shall notify the Police Department of the City of such connection. (Ord. 1363 § 1(part), 1985) 8.08.030 Automatic Telephone Dialing System - Connection with Police and Fire Communications Prohibited No person shall connect any automatic telephone dialing system to the Tukwila Police Department, Tukwila Fire Department, or Valley Communications. (Ord. 1363 §1 (part), 1985) 8.08.040 False Alarm - Fines A. In the event that, in any calendar year, any de- partment of the City receives or responds to a total of more than two false alarms of fire, intrusion, crime or other safety - related emergency at any single place of business, home, vehicle or other premises or place, the owner of said premises or place shall, within ten days of receipt of written bill therefor, pay to the City the sum of $25.00 as to each such false alarm in excess of two. B. TMC 8.08.040A shall not apply to any false alarm intentionally sent by a person with respect to whom the owner has no right of control by reason of an employment, tenancy or similar relationship unless the City establishes that the alarm was sent by means of electronic or mechanical device, other than a telephone, installed by the owner in a manner which failed to comply with applicable statutes, codes or regulations. In any proceeding brought to enforce this section, the party charged with a violation of this section shall bear the burden of proving that the exception set forth in this subsection applies. C. Failure to timely make any payment required by TMC 8.08.040A shall constitute a civil infraction. (Ord. 1363 §1 (part), 1985) CHAPTER 8.09 CRIMES RELATING TO FIRE Sections: 8.09.010 Reckless Burning 8.09.020 Fire — Miscellaneous Crimes 8.09.010 Reckless Burning The following statutes of the State of Washington are adopted by reference. RCW 9A.48.010 Definition. RCW 9A.48.050 Reckless burning. RCW 9A.48,060 Reckless burning — Defenses. (Ord. 1677 §8, 1993: Ord. 1363 §1 (part), 1985) 8.09.020 Fire - Miscellaneous Crimes The following statutes of the State of Washington are adopted by reference: RCW 9.40.040 Operating engine or boiler without spark arrester. (Ord. 1363 §1 (part), 1985) Produced by the City of Tukwila, City Clerk's Office Page 8-9 35 36 FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A FALSE ALARM FEE SCHEDULE. WHEREAS, the City has analyzed current false alarm fees; and WHEREAS, fees for police false alarms have not been adjusted since 1985, and fees for fire false alarms have not been adjusted since 2004; and WHEREAS, it has been determined that false alarm fees should be increased to recover costs associated with responding to false alarms and to encourage alarm owners to reduce the number of false alarms; and WHEREAS, false alarm fees should be reviewed and updated on a regular basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: False alarm fees will be charged according to the following schedule, which shall supersede any previously adopted false alarm fee or fine and take effect on April 1, 2014: False Alarm Fee First $0 Second $0 Third $150 Fourth and subsequent $200 False alarm fees shall not apply to single family residences. W: \Word Processing \Resolutions \False Alarm Fee Schedule 2 -11 -14 VC:bjs Page 1 of 2 37 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \False Alarm Fee Schedule 2 -11 -14 VC:bjs 38 Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2