Chapter 8.29
FALSE ALARMS
Sections:
8.29.010 Legislative declaration.
8.29.030 Prohibited equipment – Automatic dialing device.
8.29.040 Required equipment – Standby power backup source.
8.29.050 Audible alarms – Time limit.
8.29.060 Emergency response information.
8.29.070 False alarms prohibited – Penalties.
8.29.080 Enforcement – Policies.
8.29.090 Violation – Penalties.
8.29.010 Legislative declaration.
The city council declares response to false alarms to be an unnecessary, inefficient use of the limited manpower and other resources of the city’s law enforcement personnel. Therefore, the purpose of this chapter is to promote more effective and efficient law enforcement services to the public through reduction of the number of responses to false alarms. (Ord. 580 § 1, 1990)
8.29.020 Definitions.
In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning, and, in addition, the following definitions shall apply:
A. “Alarm system” means any assembly of equipment, mechanical or electrical, designed to alert law enforcement agencies, the public, or any person of the commission, or attempted commission, of a crime.
B. “Alarm user” means any person, business, or other entity which owns, or has control over, any building, structure, or facility where an alarm system is maintained.
C. “Authorized service personnel” means those persons who, by reason of their experience, training, or occupation, can demonstrate to the city law enforcement personnel that they are qualified to inspect and repair alarm systems.
D. “False alarm” means the intentional or unintentional activation of any alarm system that elicits a response from the city’s law enforcement personnel when no criminal act has been committed or attempted. The causes of false alarms include, but are not limited to, the following: equipment malfunction; improper installation or maintenance of equipment; human error or negligence; or any cause other than the actual commission or attempted commission of a criminal act.
E. “Intentional” means an act done by intention. A person acts with intent or intentionally when he or she acts with the object or purpose to accomplish a particular result. (Ord. 580 § 1, 1990)
8.29.030 Prohibited equipment – Automatic dialing device.
Any alarm system designed to alert any law enforcement agency of an emergency by providing unattended automatic dialing 9-1-1 or any public telephone number of a law enforcement agency for the purpose of transmitting a preprogrammed signal, message or code shall be prohibited. (Ord. 580 § 1, 1990)
8.29.040 Required equipment – Standby power backup source.
All alarm systems shall have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the backup source must occur in a manner that does not activate the alarm. (Ord. 580 § 1, 1990)
8.29.050 Audible alarms – Time limit.
It is unlawful to operate an audible alarm system which does not shut off within a maximum of 30 minutes from the time of activation. Shut off may be accomplished either with an automatic cutoff or by manual operation. If the alarm system has an automatic cutoff with a rearming phase, the rearming phase must be able to distinguish between an open and closed circuit, and if the circuit is broken the system will not rearm. (Ord. 580 § 1, 1990)
8.29.060 Emergency response information.
A. No person or business shall maintain an alarm system unless:
1. There is a list filed with the city’s law enforcement office of the telephone numbers at which the person or persons authorized to enter the premises where the alarm is located and turn off the alarm can be reached at all times; or
2. Such a list is filed with a monitoring service and a 24-hour telephone number for that service is provided to the law enforcement office in Deer Park, or clearly displayed outside the premises where the alarm is located.
B. Upon notification by the law enforcement personnel that his presence is required, the alarm user, or his representative, shall promptly proceed to the scene of the alarm within a reasonable period of time and render necessary service. Such service, when necessary, shall include turning off the alarm and/or opening the alarmed premises so a search can be made.
C. Circumstances that may require the alarm user’s presence include, but are not limited to: continual malfunction of an alarm system which causes repeated false alarms over a short period of time; evidence at the alarmed premises indicating a crime was committed or attempted, and further investigation is necessary; or the premises is not, or cannot be, properly secured. (Ord. 580 § 1, 1990)
8.29.070 False alarms prohibited – Penalties.
A. No alarm user shall cause or allow a false alarm.
B. The intentional activation of a burglary or robbery alarm system for the purpose of summoning the city’s law enforcement personnel for other than an actual burglary or robbery, or a life threatening emergency situation, shall be punishable as a misdemeanor.
C. The third false alarm, and each subsequent false alarm, from the same location within a six-month period shall constitute a civil infraction subject to monetary penalty as set forth below:
1. For the third false alarm, a penalty not exceeding $25.00 shall be assessed.
2. For the fourth false alarm, a penalty of not more than $50.00 shall be assessed.
3. For the fifth false alarm, and each succeeding false alarm, a penalty not exceeding $100.00 shall be assessed.
D. Hearings on notices of infraction issued pursuant to subsection C of this section shall be held in the city municipal court. The procedures for issuance of a notice of infraction, hearings, assessment and payment of monetary penalties shall be in accordance with the provisions of Chapter 7.80 RCW. (Ord. 580 § 1, 1990)
8.29.080 Enforcement – Policies.
A. The provisions of this chapter shall be administered and enforced by the city law enforcement personnel. The mayor for the city may designate a representative who is authorized to make and enforce such rules and regulations as are necessary to implement the provisions of this chapter. Copies of the rules and regulations promulgated under this section shall be available to the public at the law enforcement office in the city and/or at the office of the city.
B. The city’s law enforcement personnel may utilize the following procedures and practices to reduce false alarms:
1. On the first false alarm within a six-month period, the alarm user may be required to provide certain information when an alarm is received from an alarm system under his or her control. This information may include:
a. The cause of the alarm;
b. Any corrective action taken;
c. Whether or not the alarm system had been inspected and/or repaired, and the name and address of the person performing the repairs.
2. On the second false alarm within a six-month period, the alarm user shall submit a written report as provided in subsection (B)(1) of this section. In addition, the city’s law enforcement personnel may require inspections of the alarm system by authorized service personnel at the alarm user’s expense; and the city’s law enforcement personnel may prescribe corrective action to be taken as the result of the inspection.
3. On the third or subsequent false alarm within a six-month period, the alarm user shall submit a written report as provided in subsections (B)(1) and (2). The city’s law enforcement personnel may require inspections of the alarm system by authorized service personnel at the alarm user’s expense; and the city’s law enforcement personnel may prescribe corrective action to be taken as the result of the inspection. In addition:
a. The city’s law enforcement personnel may assign a lower response priority, or not respond at all, to alarms received from the alarm system; and
b. The city’s law enforcement personnel may order that an alarm system be disconnected; provided, that no alarm system required by law shall be ordered disconnected. Notice shall be given to the alarm user at least 48 hours prior to the required disconnection if the name(s) of the alarm user(s) have been provided to the city’s law enforcement personnel. Failure to furnish the name(s) of the alarm user(s) shall constitute a waiver of this notice requirement.
4. If the policies of ordering alarm systems disconnected and/or no response by the city’s law enforcement personnel are implemented, provisions shall be made for allowing the alarm system to be reconnected and response reinstated if the alarm user satisfactorily shows that the cause(s) of the previous false alarms has (have) been identified and corrected.
a. Once reconnected, the alarm system shall be on probationary status for a set period of time, not to exceed six months.
b. If the repeated instances of false alarms continue during the probationary period, the alarm system may again be ordered disconnected and the policy of no response may be invoked. (Ord. 580 § 1, 1990)
8.29.090 Violation – Penalties.
The violation of any of the provisions of this chapter, except DPMC 8.29.070(C), shall constitute a misdemeanor, punishable by imprisonment in jail for up to 90 days, or by a fine of not more than $1,000, or by both such fine and imprisonment. (Ord. 580 § 1, 1990)
8.29.100 Grace period.
There shall be a three-month grace period beginning at the effective date of the ordinance codified in this chapter, during which time no punitive action will be taken against alarm users violating this chapter; provided, the city’s law enforcement personnel may require alarm users to provide information as required by DPMC 8.29.080(B)(1). (Ord. 580 § 1, 1990)