Chapter 9.16
FALSE ALARMS
Sections:
9.16.030 Emergency response card.
9.16.040 Fees – Corrective action – Disconnection.
9.16.050 Administrative decision – Notice.
9.16.060 Hearing from administrative decision – Finality.
9.16.070 Payment of fees required.
9.16.080 Automatic dialing device – Certain interconnections prohibited.
9.16.090 Automatic reset required.
9.16.010 Purpose.
It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including imposition of fees, potential disconnection and/or criminal penalties. (Ord. 88-3, 1988)
9.16.020 Definitions.
In this chapter, unless a different meaning plainly is required, the definitions contained in this section shall apply:
A. “Automatic dialing device” means a device which is interconnected and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.
B. “Police chief” means the East Wenatchee police chief and includes his designee.
C. “False alarm” means the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry or actual robbery or attempted burglary or crime involving a foreseeable risk of grievous bodily harm being committed or attempted on the premises.
D. “Interconnect” means to connect an alarm system, including an automatic dialing service, to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
E. “Owner” means the person having or maintaining a burglary and/or robbery alarm on premises owned and/or occupied by him.
F. “Person” means any natural person, partnership, joint stock company, unincorporated association or society or a corporation of any character whatsoever.
G. “Response” shall be deemed to have occurred when the police department begins to proceed towards the premises as a result of the activation of the alarm. (Ord. 88-3, 1988)
9.16.030 Emergency response card.
It is unlawful to have or maintain on any premises a burglary and/or robbery alarm unless there is on file with the East Wenatchee police department an emergency response card containing the name(s) and current telephone number(s) of person(s) authorized to enter such premises and turn off any such alarm at all hours of the day and night. (Ord. 88-3, 1988)
9.16.040 Fees – Corrective action – Disconnection.
For police response to any false alarms, the city may charge and collect from the owner fees as follows:
A. For a response to a premises at which no other false alarm has occurred within the preceding six-month period, referred to in this chapter as a “first response,” no fee shall be charged. Upon a first response, the police chief shall give notice of conditions and requirements of this chapter to the owner.
B. For a second response to the premises within six months after a first response, the police chief may charge the owner a fee of $25.00. The owner shall, within five working days after notice to do so, make a written report to the police chief on prescribed forms setting forth:
1. The cause of such false alarm;
2. The corrective action taken;
3. Whether and when such alarm has been inspected by authorized service personnel; and
4. Such other information as the police chief may reasonably require to determine the cause of such false alarm, any mitigating circumstances and corrective action necessary.
The police chief may direct the owner to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the owner.
C. For the third response to a premises within six months after a second response, and for each succeeding response within six months of the most recent response, the police chief may charge the owner an administrative fee of $50.00. If such third false alarm or any succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the police chief may order the owner to disconnect such alarm until the prescribed corrective action is provided to the East Wenatchee police department; provided, however, that no disconnection shall be ordered for any premises required by law or administrative regulation to have an alarm system in operation. (Ord. 88-3, 1988)
9.16.050 Administrative decision – Notice.
A. Notice of imposition of any administrative sanction, including the imposition of a fee and/or order of disconnection under the provisions of this chapter shall be sent by mail or delivered personally to the owner; provided, that with respect to business premises, mailing or personal delivery to the manager or chief administrative agency regularly assigned or employed at the premises at the time of the occurrence of a false alarm shall be deemed to be mailing or personal delivery to the owner.
B. The notice shall specify the sanctions imposed and shall advise the owner that unless he requests a hearing with the city administration as set forth in EWMC 9.16.060 by filing written request with the police chief within 15 days of the date of the notice, the sanctions will be imposed. (Ord. 88-3, 1988)
9.16.060 Hearing from administrative decision – Finality.
A. Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this chapter shall have a right to a hearing with the city upon filing a timely written request.
B. The request for a hearing must be made in writing and filed with the police chief within 15 days of the date of the notice of administrative decision required in EWMC 9.16.050. Upon receipt of a timely written request, the police chief shall schedule a hearing date and inform the owner of the date, time and place of the hearing. The police chief shall consider the record of past false alarms, any corrective action taken and any inspection reports on the cause of the false alarm. If the police chief determines that the false alarms are not caused by the owner or his employees or agents and that reasonable steps have been taken to correct the problem, the fee or other sanction may be suspended, in whole or in part. The police chief shall keep a written report of the hearing, including a statement of reasons for whatever action is taken. (Ord. 88-3, 1988)
9.16.070 Payment of fees required.
It is a misdemeanor for any person to fail or refuse to pay any fees imposed under this chapter. In addition to institution of any criminal proceeding, the city may authorize the city attorney to collect the fees by appropriate legal action. (Ord. 88-3, 1988)
9.16.080 Automatic dialing device – Certain interconnections prohibited.
A. It is unlawful for any person to program an automatic dialing device to select any telephone line assigned to the city; and it is unlawful for any person to fail to disconnect or reprogram such device within 12 hours of receipt of written notice from the police chief to disconnect or reprogram the automatic dialing device.
B. By May 30, 1988, all existing automatic dialing services programmed to select a telephone line assigned to the city shall be reprogrammed or disconnected. (Ord. 88-3, 1988)
9.16.090 Automatic reset required.
Within 60 days after the effective date of this section, all burglary and robbery alarms maintained on any premises in the city shall have an automatic reset device which will deactivate the alarm after 10 minutes of continuous operation. Any owner failing to install such an automatic reset device as required in this section is guilty of a misdemeanor. (Ord. 88-3, 1988)