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False alarm fines - enforced retroactively
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Ken,
In regards to false alarm fees and fines being charged by the city. In the Seattle area, the City had a false alarm fee system in place for several years and never once charged for a false alarm. After several years, and I am sure in need of revenue, the city decided to backdate and bill customers on this unused ordinance. Some customers received bills for thousands of dollars for false alarms.
We only had one client affected by this practice, and it was for a small amount so it was not a concern for us. However, I was wondering what your thoughts would be in such a matter. Could an end-user sue the City claiming the fees should not be paid. I can see two areas of arguments. First, if the customer had been billed right away, they would have been made better aware of the ordinance (it was not widely advertised) and addressed the issue before incurring a dozen false alarms. Second, the City ordinance (as I recall) has a three false alarm limit and then a no response followed up with warning letters to the monitoring station to stop dispatching. These were never sent. If they had been, false alarms would have also been addressed and never amounted to the several that these customers were billed.
Have you had similar case? Any luck with the cities?
Leo
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Response
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You make excellent points. Supposedly the primary goal of false alarm fines is to deter the false alarms and get the alarm systems fixed and end users trained in the use of the alarm system. Recoupment of funds through fines should be an enforcement tool, not the real disguised goal of the false alarm fine statute.
The should be a short statute of limitation, which would prohibit enforcement after the statute expires, or an ordinance. An ordinance generally does not qualify as a crime, such as a misdemeanor or felony, both of which also have statute of limitations affecting enforcement.
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Comment on legal size of contract from June 25, 2014
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Ken:
In response to the issues and tribulations of faxing legal sized paper contracts that Norm referred to, I suggest that he considers moving your Standard Form Contract to an E-Contract format. I recall that you have vendors in The Alarm Exchange that can do this for him.
With best regards,
John H. Colehower
Mergers & Acquisitions LLC
"Providing Acquisition, Consulting, Brokerage and Financial Services to the Electronic Security Industry"
Pennington, NJ 08534
jcolehower@aol.com
609 577 9073 Cell
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Note: John is listed on The Alarm Exchange. Visit him at www.mergersacquisitionsus.com
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
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Speaking Engagements
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY. This is the NYS Electronic Security Assoc annual meeting. Presentation on updated contracts and current legal issues will be at 10:30 AM. For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301 dalereller@itzsolutions.com
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com
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