08/01/1991
APPEAL TO FALSE ALARM CITATION by CLEARWATER AUTOMOTIVE
August 1, 1991
10:00 A.M.
Present: Elizabeth Deptula, Assistant City Manager
Joel Kehren, Owner, Clearwater Automotive
Milton A. Galbraith, Jr., City Attorney
Charlie Dunn, Police Officer
Mike Schaffner, Police Officer
Ms. Deptula, Assistant City Manager called the meeting to order at 10:10 A.M.
Ms. Deptula stated this is an appeal of a citation issued to Clearwater Automotive located at 205
Greenwood Avenue South.
Joel Kehren stated his business is comprised of 4.7 acres, well over a city block in area. It is totally
enclosed by an obscure fence. The building is an open warehouse. The premises are protected by Sonitrol,
and the alarm system has not been repaired recently. Mr. Kehren stated the business was closed and
everyone was enroute home when the alarm went off. Using an aerial photo, he demonstrated where the
police would normally respond and also where perpetrators could leave the premises unnoticed. He has
reported to the Clearwater Police Department that the fence has been cut in several areas. That same week
he reported two burglaries which resulted in the apprehension of perpetrators selling his merchandise. Many
burglaries have occurred with few arrests due to the size of the area. Mr. Kehren stated that as the
equipment has not needed repair, he doesn't believe it could have been a false alarm.
In response to questions, Mr. Kehren described his alarm system as beams and hardwire, the beams
being about four feet off the ground. The office is hardwired. The fence keeps people off the property, and it
is not known whether the fence was still cut on the day he received the citation.
Mr. Kehren stated he did not file a report or take an inventory on the day he got the citation. He said
it would be impossible to take an inventory as he has thousands of many different parts. Once someone is
inside the fence, there is nothing to keep them out of the warehouse because its all open, except for the
office. He stated the city code does not allow barbed wire, but since the perpetrators cut through the fence,
that's irrelevant.
Officer Charlie Dunn stated the building is just not secure; you could even walk through the gables.
In the front you can see the openings like a house without doors. Once someone is over the fence, they can
just walk right in there. In questioning Mr. Kehren on the phone the other day, he made no mention of the
fence being cut, he did not file a police report, and he said nothing was stolen. I asked him if he responded
and he said he was on his way home. Officer Dunn stated once you're over the fence, you're in; as long as
there are no windows or doors, the problem will never go away.
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Officer Schaffner, Clearwater P.D., stated he was dispatched to the incident in question. It was
raining and lightning, and he was familiar with the premises. He checked the front of the building after
driving around the perimeter; the front of the building was secure and the glass intact. He unsuccessfully
requested a subscriber so they could check the rest of the building. He checked the front where there have
been break-ins before, and the windows, doors, and sliding gates were intact. He stated there is an area that
is wide open.
Mr. Kehren said a person would need a ladder to get in there because it's ten feet high. He again
stated he would like to install a more secure fence, but restrictions require the new fence be ten feet inside
the present fence.
Asked who determined this as a false alarm, Officer Schaffner stated when there doesn't appear to
be forcible entry, he needs a subscriber to check inside. The area that was violated needs to be checked.
He said there is an area big enough for a small person to get in between where the gate closes. Also,
animals will go in there to get out of the rain, and will break the beam. That is why it is important for a
subscriber to respond to check the exact area violated.
Mr. Kehren was not aware the alarm went off that day. After receiving the citation, the alarm
company told them they called the police, but did not tell him what part of the alarm was violated.
Officer Dunn suggested he call Dictagraph to see if they know what part of the alarm was tripped.
Since it was a stormy night, it could mean the battery backup system didn't kick in. If it was a beam, it could
have been a cat, dog, or person.
He stated since the subscriber is called first, 15-20 minutes could pass before the Police are called, and
anyone breaking in would be gone.
Mr. Kehren asked if an alarm is classified as false if they don't find signs of forced entry or anything
missing, and was told that was correct. He stated he has directed the alarm company to call him or one of
the other five persons listed so he can investigate and determine whether or not to call the police. The area
is too large to be searched thoroughly each time the alarm goes off.
Officer Dunn stated it is illegal for alarm activated calls to go directly to the police, but it is the
responsibility of the alarm company to subsequently call the police if needed.
A question was raised regarding how many alarms at this business resulted in a police response.
There were two false alarms, but unknown how many all together.
The ensuing discussion involved possible improved security measures, and Mr. Kehren stated that
he depends on the alarm as a noisy deterrent (it sounds for 15 seconds, turns off and resets). He prefers
that the police not be called until he has a chance to determine if they are needed.
Ms. Deptula stated according to the Ordinance, we have ten days to file a response on our decision,
either upholding or canceling the false alarm report; the decision will be final and conclusive subject to
judicial review by the courts.
The meeting was adjourned at 10:43 a.m.
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