KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** comment on alarm registration fees and false alarm fines January 18, 2022 ********************* comment on alarm registration fees and false alarm fines from article on December 25, 2021 re Cincinnati, OH ********************* Ken, I wanted to share some important background information concerning why there are registration programs for alarm sites and fines for invalid alarm dispatches. We should be supportive. An analogy to red light cameras is deeply flawed. The current model alarm ordinance, which includes a recommendation for modest fees for the registration of alarm sites and fines only for invalid alarm dispatches, was created after police agencies were being overwhelmed with false alarms many years ago. Police are not required to respond to alarms and there was a growing consideration for unilateral withdrawal of police response to alarm systems. The Security Industry Alarm Coalition was created and worked with the International Association of Chiefs of Police (IACP) and the National Sheriffs’ Association, to create the Model Alarm Ordinance to avoid a move to limiting or ending police response. Today the IACP recommends the jointly developed ordinance to its 31,000 members in 165 countries. The model ordinance addresses issues often raised about alarm response by police. Fees and fines overcome the objections that every citizen is paying to protect those who have alarms. Reasonable fines and fees offset some of that cost. Many if not most states have laws that regulate or limit those fees and fines to recovering actual costs of the service provided so they are not deemed to be a "tax". City management is aware of the income generated and knows that non-response is not going to decrease the police budget. One reason Dallas rejected non-response was that fees and fines generated $1.5 million in actual revenue. Companies that outsource some city administrative functions can handle the permitting and fines but there is also usually an appellate process run by the police to dispute a fine. The analogy to red light cameras is flawed because in the case of the cameras there were concerns raised that they caused rear end collisions and that some cities changes timing of lights to create more infractions. I hope this information is helpful. You can learn more about the model ordinance at siacinc.org Stan Martin SIAC, Executive Director ******************** Response ******************** Thanks for your and SIAC's perspective and rational for permits and fines. I do have a few issues and questions with the position and logic, as a consumer and lawyer. "fines only for invalid alarm dispatches" This remains an illusive concept because alarms are designed to send a signal when a circuit is broken or activated, usually in connection with illegal activity or fire. But the fine process is arbitrary by the responding first responder and legal challenge all but impossible and cost prohibitive. "police agencies were being overwhelmed with false alarms many years ago" That may no longer be the case with the advent of verification technology that was not available years ago and more reliable equipment. So today, the need for permits and fines may no longer be supported by false alarm statistics. "Police are not required to respond to alarms and there was a growing consideration for unilateral withdrawal of police response to alarm systems." That's an interesting position and not one we generally see, especially during election times. Police don't need to provide police protection? Well I am sure they are around to provide something if not police protection. It's true that an individual has no legal right to expect police protection, or to put it another way, police are not liable for not providing protection to a specific person for a specific incident absent a "special relationship" [which could mean something affirmative that the police do to lead a person to think they can rely on the police at a specific time and place]. I think police do have an obligation to provide policing, and I don't think any police force could provide its service to its population without the contribution of the alarm industry and those citizens who invest in private alarm systems at their own expense. “Fees and fines overcome the objections that every citizen is paying to protect those who have alarms. Reasonable fines and fees offset some of that cost.” Those citizens with alarms are aiding the police and fire responders, not creating more work for them. Without alarms police would have to provide patrols and respond to many more loss sites after the fact. Why are alarm owners singled out to foot the bill? Why am I being taxed for street cleaning when I don’t litter? Why am I being taxed for judges if I don’t use the court system? Why am I being taxed for all of the things that government decides to fund when I don’t use those services and without my consent? In my Village the police force accounts for more than 70% of the Village budget. Can I opt out of police service and shave 70% off my Village tax? No. Do I have a right to assume that I am entitled to some police services? Yes. A good percentage of my neighbors have alarm systems, but not all. Those that do have to pay a permit fee [in my case not even to the Village but to the County who provides no police service in the Village]. Seems to me I should get a reduction in tax, not have to pay a permit fee. I suppose I might deserve a fine if my alarm falses and I’d be more willing to pay it if I know that PD and FD imposed a fine for every unnecessary time they responded to a house. Think 911 would get fewer calls if every unnecessary caller got fined? That would probably raise a lot more money than alarm permits and fines. From the alarm industries perspective the issue may be important only in the sense that permits and fines cause customer friction. But, permit expense and fines are paid by the subscriber, always, as long as you use the Standard Form Agreements. ******************* To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
