Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

false alarm fines -alarm companies owed an explanation / Phoenix AZ / ESA's warning on Sandy Springs, GA September 21, 2017

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, secure.mybiz.com and mybiz.com 
*********************************************************************************************
false alarm fines -alarm companies owed an explanation / Phoenix AZ / ESA's warning on Sandy Springs, GA
September 21, 2017
*************************
Members owed an explanation about false alarm fines
*********************
Ken
    We believe the leadership of several alarm associations, including SIAC and TMA/CSAA, owe their members and explanation. A recent letter was sent to their membership seeking donations to…  ”Fight Onerous False Alarm Ordinances”.   “…If ignored, ordinances like this can become dangerous precedents that quickly take hold in other jurisdictions around the country, putting your customers and your business at risk.”
    What do they mean, ”putting your customers and your business at risk”.  Scary language…. an explanation please. 
    Ken, are these legal issues? Do the K&K contracts mitigate the risks?  More guidance would be useful.
Lee Jones
Support Services Group
******************
Ken
    Fuel for the fire…  See ESA's announcement below
Thanks,       
Detective H.W."Robbie" Robinson #5002
Phoenix Police Code Enforcement Unit / Alarm Inspections
Phoenix, Az
***********
    On July 18, 2017, the City of Sandy Springs, a suburb of metro Atlanta, passed an ordinance that will force alarm companies to pay false alarm fees and fines, regardless of reason and without establishing culpability. The ordinance is effective as of Sept. 1, 2017.
Under the new ordinance, alarm companies installing and servicing alarm systems are required to register the system with the city and pay the following fines for false alarms: 
First Offense:                        $25.00
Second and Third Offenses:   $250.00
All Subsequent Offenses:       $500.00
    In addition to these quickly escalating fines, the new ordinance will impose financial penalties on alarm companies for failing to update a subscriber’s contact information, even when the subscriber has failed to provide the information in a timely manner. This further punishes alarm companies for an action over which they have no control. Click here to review the Ordinance and the Resolution establishing fines for violations.
    The Security Industry Alarm Coalition (SIAC) and the Georgia Electronic and Life Safety and Systems Association (GELSSA) have been working tirelessly on this issue. However, despite numerous efforts by experts in false alarm reduction to assist Sandy Springs in adopting a more effective solution, the City chose to proceed with an approach that is detrimental to both its citizens and our industry.
    Sandy Springs officials claim to have interest from more than a dozen other jurisdictions in Georgia exploring the adoption of similar ordinances. Meanwhile, Arizona, Colorado and Tennessee are considering similar laws that will hold alarm companies financially responsible for any false alarm.
    We must address the ordinance in Sandy Springs with legal intervention to ensure alarm companies not only in Georgia, but throughout the country, are not unfairly penalized and punished for false alarms. This is a crucial, but costly, initiative and ESA, on behalf of SIAC, is requesting financial support from our members.
*********************
Response
*********************
    We always like to hear from Robbie Robinson [and the few other AHJs that participate on this forum].  I'd like to welcome Becky Buckhannon of the Phoenix Police Dept who is the Alarm Coordinator for the Phoenix Police Department.  Not sure if this is new appointment but we look forward to her participation.  Robbie of course is [in my opinion] a law enforcement alarm expert.  I'm looking forward to him putting in his 20 years and then buying alarm contracts when he leaves the job and goes into the business.
    I also want to thank Lee for his continued participation on this forum, and at the same time invite everyone to participate [easy as a Reply to the daily email].  
    False alarms.  I really think I have a great idea, despite some criticism.  Alarm companies need to charge for false alarms and maybe all calls to the central station, for any reason.  Automate it.  AHJ seem to think that fines will be a deterrent, so let's pitch in.  
    We know that fines are not a deterrent to false alarms, at least not from the alarm industries perspective. AHJs, First Responders, have a different perspective.  How can there be two different perspectives [and yes, if you're getting bored with this, it is important to your business, so keep reading]? 
    That brings us to Lee's observation.  Are the false alarm fines being imposed by AHJs really ”putting your customers and your business at risk”,  "unfairly penalized [alarm companies] and punished for false alarms"  and "further punishes alarm companies for an action over which they have no control"?
    That brings me to the final issue raised by Lee.  Yes, the Standard Form Agreements protect the dealer from the false alarm fines, even if the AHJ is fining the dealer.  Complete reimbursement from the subscriber to the dealer is required [and reimbursement from the dealer to the central station is also required], so ultimately no matter who the AHJ fines, it's going to be the subscriber who pays the fine [in an ideal world].  How many subscribers won't pay and how many will cancel service over false alarm fines, well that needs another study.  A subscriber who cancels the alarm service for false alarms is, in my opinion, in breach of the contract, and that has consequences - many hear from my collection attorneys.
**********************

THE ALARM EXCHANGE

alarm classifieds alarm security contractsThis area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business  brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;

There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a posting, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.
**************************************************************************************
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
516 747 6700
www.KirschenbaumEsq.com