title
ADOPT AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.44, SECTIONS 8.44.060, 8.44.080, 8.44.085, 8.44.110, 8.44.115, and 8.44.230 OF THE STOCKTON MUNICIPAL CODE TO CORRECT INCONSISTENCIES WITHIN THE CODE AND TO IMPROVE ADMINISTRATION AND ENFORCEMENT OF THE CODE
recommended action
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an ordinance amending Title 8, Chapter 8.44, Sections 8.44.060, 8.44.080, 8.44.085, 8.44.110, 8.44.115, and 8.44.230 of the Stockton Municipal Code to correct inconsistencies within the Code and to improve administration and enforcement of the Code.
2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
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Summary
The Stockton Alarm Ordinance aims to curb the problem of false alarms, which drain police resources, cost taxpayers money, and hinder effective crime response. By requiring permits, imposing fines for excessive false alarms, and setting standards for alarm systems, the ordinance promotes responsible alarm use and minimizes unnecessary police dispatches.
The Stockton Police Department’s Alarm Ordinance, adopted in 1984 and partially revised in 2011, is outdated. Originally designed for commercial and industrial alarm systems, the ordinance has not kept pace with the explosion of residential alarm systems fueled by the internet, wireless technology, and affordable home security options. This surge in residential systems has led to a dramatic increase in false alarms, burdening law enforcement agencies nationwide.
False alarms, often triggered by user error or equipment malfunctions, have become a significant problem. Studies show that the vast majority of alarm calls are false, diverting police resources from genuine emergencies. The rise of AI-powered systems, while offering potential benefits, is expected to increase false alarms due to the challenges of implementing modern technology.
DISCUSSION
Background
The Stockton Police Department, recognizing the importance of public safety and efficient resource allocation, maintains an ordinance (Stockton Municipal Code “SMC” Chapter 8.44) to regulate intrusion detection devices and address the ongoing challenge of false alarms. This ordinance, like those adopted by numerous other municipalities, aims to balance the benefits of alarm systems with the need to minimize unnecessary strain on law enforcement resources. While the intent behind Stockton's ordinance aligns with best practices, a comprehensive review reveals several areas requiring attention and revision.
In Stockton, over 90% of alarm calls in recent years were false, straining police resources. This highlights the urgent need to update the city's alarm ordinance to address the current landscape of home security systems and reduce the burden of false alarms on law enforcement.
|
Fiscal Year |
Alarm Calls |
False Alarms |
False Alarm % |
|
2021 |
7,702 |
6,906 |
89.6% |
|
2022 |
8,303 |
7,442 |
89.6% |
|
2023 |
6,920 |
6,289 |
90.8% |
Furthermore, an analysis of SMC Chapter 8.44 reveals inconsistencies with ordinances in comparable municipalities. These inconsistencies are particularly notable in areas such as grace periods for false alarms, appeal processes, and criteria for placing alarm users on "No Response Lists." In addition to these inconsistencies, the ordinance itself suffers from ambiguous language and unclear processes, hindering its effective interpretation and enforcement.
To ensure the ordinance remains relevant and effective in addressing the evolving landscape of alarm systems, a comprehensive revision is necessary. This revision should prioritize clarity, streamline processes, and align Stockton's approach with best practices observed in other municipalities. By doing so, the City can strengthen its commitment to public safety while optimizing the allocation of valuable law enforcement resources.
Present Situation
Currently, the responsibility for managing all aspects of the non-fire alarm permitting process falls under the purview of the Neighborhood Services Section (NSS). This encompasses a wide range of tasks, including issuing permits, processing renewals, tracking false alarms, issuing notifications, collecting fines, and managing appeals. The sheer volume of work associated with these duties currently consumes 65-70% of a single Office Technician's time, leaving limited capacity for other essential functions.
Looking ahead, the anticipated growth in alarm system usage, fueled by advancements in technology and increasing affordability, presents a significant challenge. This projected growth will inevitably lead to a corresponding rise in false alarms, further exacerbating the workload for NSS staff. Without adequate resources and a revised ordinance, the City risks falling behind in its efforts to effectively manage alarm systems and mitigate the impact of false alarms on police response.
While false alarms are an ongoing challenge, a review of SMC Chapter 8.44 reveals opportunities to improve clarity and effectiveness. Although generally well-written and aligned with other municipal codes, certain sections would benefit from revision to enhance public understanding and facilitate potential future collaborations.
Specifically, revisions should focus on clarifying the permit acquisition process (SMC 8.44.060), providing clearer definitions of permit expiration timeframes (SMC 8.44.080), outlining permit revocation procedures (SMC 8.44.085), and defining excessive false alarms and their consequences (SMC 8.44.110). Additionally, the appeals process (SMC 8.44.115) and the distinction between service fees and fines, including the fee appeal process (SMC 8.44.230), require further clarification.
This ordinance is about ensuring public safety by optimizing police resources and response time. When police are constantly responding to false alarms, it delays their response to real emergencies like burglaries, fires, or medical crises. By reducing the number of false alarms, the police can prioritize genuine threats and respond more quickly, ultimately increasing the safety and security of everyone in Stockton. The ordinance also encourages residents and businesses to properly maintain their alarm systems and use them responsibly, fostering a community-wide effort to improve public safety.
Amendments to this ordinance will provide greater transparency and understanding for the public. Furthermore, these revisions will prove invaluable should the City opt to transition its alarm program to a third-party vendor, enabling a smoother implementation and a program tailored to Stockton's specific needs (Attachment A).
FINANCIAL SUMMARY
There are no General Fund or Departmental costs associated with the adoption of the ordinance as drafted.
Attachment A - Proposed Ordinance, Title 8, Chapter 8.44 Red-Lined Version