Chapter 9.15
Alarm Systems1
Sections:
9.15.040 Additional duties of permittee and/or agents of permittee.
9.15.050 Unlawful systems and users.
9.15.060 Enforcement and penalties.
9.15.010 Definitions.
(a) “Alarm system” means any system, device, or mechanism which, when activated, transmits a telephone message to a private monitoring company or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle.
(b) “Burglary alarm system” means an alarm system designed or used for detecting and reporting an unauthorized entry or attempted unauthorized entry upon real property protected by the system.
(c) “Robbery alarm system” means an alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death.
(d) “Department” means the DuPont Police Department.
(e) “False alarm” means the activation of any burglary, fire and/or robbery alarm system when no crime is being committed or attempted and there is no other emergency on the premises; provided, that such event shall not constitute a false alarm if the public safety officers responding to such alarm are notified that there is no emergency prior to arriving at the premises. An alarm shall be presumed to be false if the public safety officers responding do not locate any evidence of an unlawful act or emergency on the premises which might have caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, other violent acts of nature or power outages related to any of the above shall not be deemed to be false alarms.
(f) “Fire alarm system” means an alarm system designed or used for detecting fire and sending an alert signal.
(g) “Permittee” means the person(s), corporation(s), or other business entity to whom a permit has been issued under this chapter.
(h) “Premises” means any area and any portion of any area protected by an alarm system.
(i) “System subscriber” means person(s), corporation(s), or other business entity who purchased or contracted for any alarm system.
(j) A “rolling six-month window” means the period of time encompassing the date of false alarm back six months and a day. Example: A false alarm on February 5, 2002, would be added to all false alarms back to September 4, 2001. An alarm date of February 6, 2002, would be added with false alarms back to September 5, 2001, and so on. The six-month window rolls forward each day. (Ord. 02-725 § 1; Ord. 08-864 § 1).
9.15.020 Permit requirements.
(a) Permit Required. From and after January 1, 2003, no person shall operate or use an alarm system on any premises within the City of DuPont under that person’s control without first having obtained from the DuPont Police Department a separate permit for each premises protected by an alarm system. Violation of this provision shall be a Class 3 civil infraction pursuant to Chapter 7.80 RCW. Should the Department respond to any alarm system for which a permit has not first been obtained, a notice of civil infraction will be issued. For the purposes of this section, a person shall be deemed to be an operator or user of an alarm if:
(1) The person controls both the alarm and the premises upon which it is installed; or
(2) The person controls the premises and is the subscriber, client or tenant of the system subscriber; or
(3) The person is the system subscriber.
(b) Application. All persons required to obtain a permit must complete a permit application form. Required information to be provided on the permit application includes, but is not necessarily limited to:
(1) Subscriber’s name, address and telephone number(s).
(2) Names and telephone numbers of three additional persons who will respond in the event of alarm activation in the absence of the subscriber.
(3) Name of the alarm company responsible for regular maintenance.
(c) Permit Fee. Each permit shall be given a unique number, which shall not be transferable. The Department shall charge a $50.00 application fee, except that a fee of $25.00 shall be charged for alarms installed prior to the effective date of the ordinance codified in this chapter, if a permit application for such existing alarm system is filed with the Department before December 31, 2002. The fee for replacement of a lost permit shall be $10.00. Permit fees shall be deposited in the general fund.
(d) Any person who owns, operates or possesses any alarm system within the City of DuPont that does not conform to the requirements of this chapter shall disconnect that alarm and render it inoperable until a proper permit is obtained. (Ord. 02-725 § 1; Ord. 08-864 § 1).
9.15.030 False alarm fees.
(a) The system subscriber will be billed by the City for each false alarm in excess of one response during a rolling six-month window. The charge will increase in increments of $50.00 as follows:
|
1 False Alarm |
None |
|
2 False Alarms |
$50.00 |
|
3 False Alarms |
$100.00 |
|
4 False Alarms |
$150.00 |
|
5 False Alarms |
$200.00 |
(b) No fee shall be charged to a person whose alarm fees exceed one in a six-month period, if a person can show a receipt for repair services rendered on said alarm system prior to the most recent report of false alarm.
(c) Written notice of imposition of any fee pursuant to this section shall be given to the system subscriber. Any system subscriber subject to the imposition of a fee pursuant to this section shall have a right of appeal therefrom to the City Hearing Examiner pursuant to Chapter 1.11 DMC. Unless notice of appeal is filed with the City Clerk within 10 days of receipt of notice of imposition of fee, said sanction shall be deemed to be final and shall be subject to collection by any means provided by law. (Ord. 02-725 § 1; Ord. 08-864 § 1).
9.15.040 Additional duties of permittee and/or agents of the permittee.
(a) The permittee shall display the permit at or near the entrance of the premises in such a manner that the permit is clearly visible and readable from the exterior of the premises.
(b) All telephone calls from a private monitoring company requesting Department response shall include the permit number for that premises.
(c) The permittee and/or his designee shall respond to a premises following activation of any alarm system for which a permit has been issued. The response shall be made as soon as practicable. (Ord. 02-725 § 1; Ord. 08-864 § 1).
9.15.050 Unlawful systems and users.
(a) No person shall operate or use an alarm system which emits an audible sound where such emission does not automatically cease within 15 minutes.
(b) No person shall use an alarm system to protect more than one licensed business and/or private residence without receiving a separate permit for each premises.
(c) No person shall operate or use any alarm system which automatically dials the Department directly and delivers a prerecorded message. (Ord. 02-725 § 1; Ord. 08-864 § 1).
9.15.060 Enforcement and penalties.
(a) Any violation of any provision, or failure to comply with any of the requirements, of this chapter shall be subject to the terms and conditions of Chapter 1.17 DMC, Enforcement.
(b) Any duly commissioned law enforcement officer, having law enforcement authority at the place where a violation of this chapter occurs, is authorized to enforce the provisions of this chapter.
(c) Whenever a monetary penalty is imposed by a Court under this section, it is payable within 15 days. If the person is unable to pay at the time the penalty is imposed, the Court may grant an extension of the period in which the penalty may be paid.
(d) The Court may waive, reduce or suspend the monetary penalty or fee prescribed herein, and may impose such conditions including, but not limited to, the performance of community service on any waiver, reduction or suspension as it deems just. (Ord. 02-725 § 1; Ord. 08-864 § 1).
9.15.070 Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 02-725 § 1; Ord. 08-864 § 1).
Code reviser’s note: Ordinance 02-725 adds these provisions as Chapter 9.13. The chapter has been editorially renumbered to prevent duplication of numbering.