Chapter 16.46
SECURITY ALARM SYSTEMS
Sections:
16.46.010 Purpose.
16.46.011 Definitions.
16.46.020 Administration and funding.
16.46.030 Alarm sites must be registered.
16.46.031 Registration terms and fees.
16.46.032 Responsibilities of alarm users.
16.46.040 Alarm businesses providing monitoring services must be licensed.
16.46.050 Verified response required in certain circumstances.
16.46.060 Alarm dispatch requests.
16.46.070 Alarm dispatch request cancellations.
16.46.080 Compliance with monitoring standards required.
16.46.090 Prohibited devices.
16.46.100 Violations.
16.46.110 Appropriating public police services for private purposes subject to service fees.
16.46.120 Fees for appropriating public police services for private purposes.
16.46.130 Authorization to issue citations and assess fees.
16.46.140 Fee processing.
16.46.150 Suspension and revocation of registration.
16.46.160 False alarm awareness classes.
16.46.170 Appeals.
16.46.171 Authority of Alarm Appeal Officer.
16.46.172 Alarm Appeals Officer selection.
16.46.173 Qualification and removal.
16.46.174 Improper influence, conflict of interest and appearance of fairness.
16.46.175 Organization, rules.
16.46.180 Exceptions.
16.46.181 Special rules applicable to public schools.
(Ord. 6316 §2, 2004).
16.46.010 - Purpose
To assure that responses to false alarms do not diminish the availability of police services to the general public and to assure that citizens who cannot afford or do not choose to operate security alarm systems are not penalized for their condition or choice, the City regulates security alarm businesses. (See Section 5.55 of this Code.)
The intent of this Chapter is to encourage alarm businesses and alarm users to maintain the operational viability of security alarm systems and to significantly reduce or eliminate false alarm dispatch requests made to the Police Department.
The purpose of the Chapter is to provide for and promote the health, safety and welfare of the general public, not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially benefited by the terms of this Chapter. The Chapter does not impose or create duties on the part of the City or any of its departments, and the obligation of complying with the requirements of this Chapter, and any liability for failing to do so, is placed solely upon the parties responsible for owning, operating, monitoring, installing or maintaining security alarm systems.
(Ord. 6316 §2, 2004).
16.46.011 - Definitions
A. Alarm Administrator means the person designated by the Chief of Police to administer the City’s security alarm program and to issue citations and levy fees pursuant to this Chapter.
B. Alarm Appeals Officer means the person(s) designated by the Chief of Police to hear and decide appeals related to service fees and registration suspensions and revocations pursuant to this Chapter.
C. Alarm business means any business, by an individual, partnership, corporation or other entity engaged in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or responding to security alarms. Alarm businesses also include any person, business or organization that monitors security alarm systems and initiates alarm dispatch requests, including units or divisions of larger businesses or organizations that provide proprietary security alarm monitoring services only to affiliates of the parent business or organization. Alarm businesses do not include persons doing installation or repair work solely on premises they own, lease or rent, where such work is performed without compensation of any kind (i.e., "do-it-yourselfers").
E. Alarm dispatch request means the initiating of a communication to the police, via the regional communications agency (CAPCOM), by an alarm business indicating that a security alarm system has been activated at a particular alarm site and requesting Department response to that alarm site.
F. Alarm site (also security alarm site) means a structure or portion thereof served by a single security alarm system (a "fixed" alarm site). In a multi-tenant building or complex, each portion of the structure or complex having its own security alarm system is considered a separate alarm site.
G. Alarm system (also security alarm system) means a device or series of interconnected devices, including, but not limited to, systems interconnected with hard wiring or radio frequency signals, which are designed to emit and/or transmit a remote or local audible, visual or electronic signal indicating that an intrusion may either be in progress or is being attempted at the alarm site. It means only the equipment located at the alarm site when a system is connected to an alarm system monitoring company. Security alarm systems do not include those devices designed to alert only the inhabitants of specific premises and that have no sounding or signaling devices which can be generally heard or seen on the exterior of the alarm site.
H. Alarm user means any person, firm, partnership, corporation or other entity who (which) controls a security alarm system at an alarm site; who is named on the alarm registration; and who is financially responsible for the operation of an alarm system. As used in the Chapter, the term "alarm user" may mean more than one person, if more than one person is listed on the registration and has accepted financial responsibility for operation of an alarm system.
I. Burglary alarm (also property/intrusion alarm) means an alarm system that is used to detect and report unauthorized entry or attempted unauthorized entry upon real property.
J. Call-up dialer alarm means a security device that is designed to evoke a police response by transmitting a pre-recorded, unverified signal or message to the police E911 system or to any other police telephone.
K. Chief means the Chief of Police of the City of Olympia or his/her designee.
L. City means the City of Olympia and/or the area within the incorporated municipal boundaries of the City of Olympia.
M. Control number means the unique number assigned to each licensed security alarm business by the Alarm Administrator that is used to validate alarm dispatch requests.
N. Department means the Olympia Police Department.
O. Duress alarm. See robbery alarm.
P. False alarm response means response to an alarm dispatch request by an officer of the Department where, in the opinion of that officer, no evidence of the commission or attempted commission of a crime is present that can be reasonably attributed to the alarm activation. A false alarm response is also deemed to have occurred when the responding officer is unable to determine if evidence of a criminal offense or attempted criminal offense is present because the alarm site is inaccessible (e.g., where the alarm site is located within a locked structure - such as an apartment building or business complex with a common entry - or is located behind a locked gate and no person is present to provide access to the officer; or where the alarm site contains a dog and no person is present to remove the dog so the officer can inspect the site; or where the alarm site contains any type of "protective/reactive" device or contrivance).
Q. Holdup alarm. See robbery alarm.
R. Intrusion alarm. See burglary alarm.
S. Monitoring means the process an alarm business uses to keep watch on alarm systems; to receive alarm activation signals from alarm systems; to verify alarm activations; to relay alarm dispatch requests to the Department for the purpose of summoning police response to an alarm site; and to cancel alarm dispatch requests (when appropriate).
T. Multi-unit complex means any building or group of buildings located/co-located on the same real property and comprised of two or more separately occupied units.
U. One-plus duress alarm means a security alarm system which permits the manual activation of an alarm signal by entering on a keypad a code that either adds the value of 1 to the last digit of a normal arm/disarm code (e.g., the normal arm/disarm code "1234," if entered as "1235" automatically activates the duress alarm feature) or that involves entering any incorrect final digit to a normal arm/disarm code (e.g., the normal arm/disarm code "1234" is entered as "123X" - where X is not 4 - automatically activates the duress alarm feature).
V. Panic alarm. See robbery alarm.
W. Person, for purposes of this Chapter, means an individual, corporation, partnership, association, organization or similar entity.
X. Property alarm. See burglary alarm.
Y. Protective/reactive alarm system means an alarm system that is rigged to produce a temporary disability or sensory deprivation through use of chemical, electrical or sonic defense, or by any other means, including use of vision obscuring/disabling devices.
Z. Revoke (revocation) for purposes of this Chapter means the permanent loss (for an alarm user) of the privileges associated with the registering a security alarm system in the City of Olympia.
AA. Robbery alarm (also duress alarm, hold-up alarm or panic alarm) means an alarm signal generated by the manual or automatic activation of a device, or any system, device, or mechanism on or near the premises intended to signal that a robbery (refer to RCW 9A.56.190) or other crime is in progress, and that one or more persons are in need of immediate police assistance in order to avoid injury, serious bodily harm or death at the hands of the perpetrator of the robbery or other crime.
BB. Security alarm monitoring business means any person, firm or corporation who is engaged in the monitoring of security alarm systems and the summoning of police response to activations thereof. This includes both businesses that are engaged in alarm monitoring for profit and businesses that have specialized units or subsidiaries that monitor only their own alarm systems.
CC. Subscriber means an alarm user who is a customer of an alarm monitoring company.
DD. Suspend (suspension) for purposes of this Chapter means the temporary loss (for an alarm user) of the privileges associated with the registration of a security alarm system in the City of Olympia.
EE. Unmonitored alarm system means an alarm system (see G) that is not actively monitored by an alarm business and whose function it is to evoke police response solely by means of a generally audible and/or visible signal.
FF. Verified response (independent reporting) means a police response that is based on information received from a person physically present at a location (e.g., an alarm site) or from real-time audio or video surveillance positively verifying that there is evidence either of a crime or an attempted crime at the location.
(Ord. 6316 §2, 2004).
16.46.020 - Administration and funding
A. Responsibility for administration of this Chapter is vested with the Chief of Police.
B. The Chief of Police designates an Alarm Administrator to carry out the duties and functions described in this Chapter.
C. The Chief of Police designates one or more persons to serve as Alarm Appeals Officer(s) to carry out the duties and functions related to appeals described in this Chapter.
D. Monies generated by false alarm service fees and registration fees assessed pursuant to this Chapter shall be dedicated for use by the Department directly for administration of the alarm program and for recovery of general police services lost to false alarm response.
E. The Alarm Administrator conducts an annual evaluation and analysis of the effectiveness of this Chapter and identifies and implements system improvements, as warranted.
(Ord. 6316 §2, 2004).
16.46.030 - Alarm sites must be registered
A. Police response to private security alarm sites in the City of Olympia, except as specified in section 16.46.050, is a privilege available only to those alarm users who have alarm systems registered with the City.
B. No alarm business providing monitoring service to security alarm sites in the City of Olympia shall activate alarm monitoring service or initiate alarm dispatch requests relative to any alarm site in the City that is not properly registered.
(Ord. 6316 §2, 2004).
16.46.031 - Registration terms and fees
A. Alarm registration is valid for one year.
B. Alarm registration is issued to a person or persons ("alarm user") having bona fide ownership or control of an alarm site (i.e., home owner, business owner, renter, leaseholder, etc.) and is issued specifically for that alarm site. Alarm registration remains in the name(s) of the alarm user(s) of record until a change of ownership or control of the alarm site occurs.
C. Alarm registration is attached to both the alarm user and the alarm site and is not transferable. A new alarm registration must be issued whenever there is a change of ownership or control of an alarm site.
D. The initial registration application and required fees may be submitted to the Alarm Administrator (or designee) at any time.
E. Verification of the alarm user’s receipt of the disclosure statement required in Section 5.55.070 of this Code shall be provided to the Alarm Administrator, along with the initial registration application. Receipt of such verification is a precondition of registration.
F. Registration information is determined by the Alarm Administrator and shall include, but not be limited to the following:
1. The name and address of the alarm user (i.e., the person financially responsible for operation of the alarm system being registered);
2. The home and business telephone number of the alarm user;
3. The name, address and telephone number of the alarm business providing monitoring service to the system;
4. An alternate telephone number for verification (cell phone or other telephone designated by the alarm user);
5. The signature of the alarm user verifying that he/she/they read and understood the City of Olympia public disclosure statement and agree to pay the service fees associated with false alarms.
E. On receipt of the application, fees and verification of receipt of the disclosure statement, the Alarm Administrator (or designee) shall issue a security alarm registration number to the alarm user. A registration sticker may also be issued.
F. The security alarm registration number assigned to an alarm user remains the same for as long as the alarm user continuously maintains registration for the alarm site.
G. Registration may be renewed under the following conditions:
1. The alarm site has no past due service fees.
2. The alarm site’s registration is not suspended for excessive false alarms.
3. The alarm site’s registration is not revoked.
4. The alarm user either updates his/her registration information or verifies that the current registration information is still correct.
5. The appropriate annual registration fee is paid.
H. Renewal information and fees shall be submitted to the Alarm Administrator (or designee) on or before the initial registration anniversary date each year.
I. Once each year, the City Manager shall establish rates for security alarm registration fees.
1. Registration fees may be graduated for different groups of users (e.g., residential, commercial, government, etc.)
2. Registration fees may be discounted, consistent with City policy.
3. The established rates shall assure that the Alarm Administrator position and all other costs related to administration and enforcement of the security alarm ordinance are supported entirely by registration fees.
(Ord. 6316 §2, 2004).
16.46.032 - Responsibilities of alarm users
A. Each alarm user is responsible, annually, for registering his/her/their alarm system, paying the registration fee and providing current registration information.
B. Each alarm user is responsible for assuring that his/her/their alarm system is used properly and in accordance with the manufacturer’s directions and the law. Inherent in this responsibility is assuring that all persons with access to the alarm system are properly trained on correct use of the system and are authorized to cancel accidental activations, and assuring that procedures and practices are followed that minimize the risk of false alarms.
C. Each alarm user is responsible for displaying his/her/their registration sticker, if one is issued, in a location at the main entrance to the alarm site where it is readily visible to a responding officer.
D. Each alarm user is responsible for keeping his/her/their alarm system properly maintained and in good working order.
E. Each alarm user is financially responsible for paying service fees when police respond to false alarms from his/her/their alarm site. (See OMC 16.46.120)
F. Failure to meet the responsibilities listed in 16.46.032(A), (B), (C), (D) or (E) may lead to suspension or revocation of alarm registration and loss of the privileges associated with that registration.
(Ord. 6316 §2, 2004).
16.46.040 - Only licensed alarm businesses may initiate alarm dispatch requests
Effective January 1, 2005, and thereafter, the Department shall respond only to alarm dispatch requests from alarm businesses that possess a valid City of Olympia security alarm license and control number.
(Ord. 6316 §2, 2004).
16.46.050 - Verified response required in certain circumstances
A. Effective January 1, 2005, and thereafter, the Department shall respond to the activation of unmonitored security alarm systems; to the activation of alarm systems monitored by unlicensed security alarm businesses; to the activation of unregistered alarm systems; and to the activation of alarm systems with suspended or revoked registration only if independent reporting indicates that a crime is in progress or has been attempted at the involved alarm site (i.e., verified response).
B. No alarm user or alarm business shall presume, anticipate or expect that a police response will result solely from the activation of any unmonitored security alarm system; the activation of an alarm system monitored by an unlicensed security alarm business; the activation of an unregistered alarm system; or to the activation of an alarm system with a suspended or revoked registration.
(Ord. 6316 §2, 2004).
16.46.060 - Differentiation and reporting of alarm activations
A. Effective January 1, 2005, and thereafter, no person shall operate a security alarm system in the City of Olympia that fails to differentiate burglary/property/intrusion alarm activations from robbery/hold-up/panic/duress alarm activations, or that fails to accurately report such activations independently.
B. Effective January 1, 2005, and thereafter, no person shall operate a security alarm system in the City of Olympia that fails to differentiate police incidents (i.e., burglary/property/intrusion alarm activations, robbery/hold-up/panic/duress alarm activations) from fire, medical or other non-police incidents, or that fails to accurately report such incidents independently.
(Ord. 6316 §2, 2004).
16.46.070 - Alarm dispatch requests
A. Alarm dispatch requests shall be made in the manner prescribed by the Alarm Administrator and approved by CAPCOM.
B. Alarm dispatch requests may include, but are not limited to the following information:
1. The alarm site registration number;
2. The location of the alarm activation;
3. The type of alarm activation (i.e., burglary/property/intrusion, robbery/panic/hold-up/ duress or roll-over/airbag deployment).
4. The alarm business’ incident number (or other official incident identifier).
5. The alarm business’ assigned control number.
C. Alarm dispatch requests made to the Department (or its designee) shall be for police incidents only, and shall accurately indicate the type of alarm activation (i.e., burglary/property/intrusion, robbery/hold-up/panic/duress) that motivated the alarm dispatch request.
D. Any alarm business initiating an alarm dispatch request that would cause an employee of the City to respond to an alarm site containing a protective/reactive alarm system shall fully inform and caution the CAPCOM dispatcher at the time the initial request is made of the nature of the alarm system and the precautions the responding employee must take to avoid incurring injury or other ill effects from the system.
(Ord. 6316 §2, 2004).
16.46.071 - Compliance with monitoring standards required
All alarm businesses engaged in monitoring alarm systems in the City of Olympia shall comply with the monitoring standards set forth in section 5.55.060 of this Code.
(Ord. 6316 §2, 2004).
16.46.080 - Alarm dispatch request cancellations
A. An alarm dispatch request may be canceled by the alarm business initiating the request at any time up to the point at which the responding police officer reports arrival at the alarm site to the CAPCOM dispatcher.
B. Alarm dispatch requests may be canceled in accordance with the procedures established by the Alarm Administrator and approved by CAPCOM only by the alarm business making the original request.
C. Alarm dispatch requests canceled in accordance with the procedures established by the Alarm Administrator and approved by CAPCOM are not subject to false alarm service fees.
(Ord. 6316 §2, 2004).
16.46.090 - Prohibited devices
A. Effective January 1, 2005, and thereafter, no person shall operate a security alarm system in the City of Olympia that has a siren, bell, light or other device audible or visible from any property adjacent to the alarm site that signals for longer than five (5) consecutive minutes after the alarm is activated, or that repeats the five-minute alarm cycle more than three (3) consecutive times without resetting.
B. Effective January 1, 2005, and thereafter, no person shall operate a security alarm system in the City of Olympia that is programmed for "one-plus" duress alarms.
C. Effective January 1, 2005, and thereafter, no person shall operate a security alarm system in a multi-unit complex in the City of Olympia that fails to identify alarm activations by the specific unit involved.
D. Effective January 1, 2005, and thereafter, no person shall operate a call-up dialer type of security alarm system in the City of Olympia.
(Ord. 6316 §2, 2004).
16.46.100 - Violations
A. The following actions constitute unlawful use of a security alarm system:
1. Any person who activates a security alarm system with the intent to report: a) suspicious circumstances; b) any non-criminal incident; or, c) a need for fire, medical or other non-police services is guilty of a civil infraction.
2. Any person who violates the provisions of 16.46.060(A) or (B) or 16.46.090(A), (B), (C) or (D) is guilty of a civil infraction.
B. Nothing in this section shall prevent the installation of a single reporting device for both types of security alarms, fire alarms and medical alarms, provided that such device complies with 16.46.060 and fire code requirements.
(Ord. 6316 §2, 2004).
16.46.110 - Appropriating public police services for private purposes subject to service fees
A. Causing police to engage in a false alarm response constitutes appropriation of public police services for private purposes and is subject to a service fee.
B. The alarm user is responsible for payment of service fees.
C. The assessment and/or payment of service fees under this Chapter does not in any way establish the existence of a contract, real or implied, between the City and an alarm user or between the City and any other party.
D. When, in the opinion of the responding officer(s), an alarm dispatch request can be reasonably associated with an actual or attempted criminal offense at the involved alarm site, the alarm is valid and the response is considered a basic police service not subject to service fees.
E. When, in the opinion of the responding officer(s), an alarm dispatch request can be reasonably attributed to an earthquake, hurricane, tornado or other unusually violent act of nature, no service fee shall be assessed.
F. When, in the opinion of the responding officer(s), an alarm dispatch request cannot be reasonably attributed to the conditions described in 16.46.110(D) or (E) the incident is a false alarm and the response is considered an appropriation of public police services for private purposes that is subject to service fees.
G. When the responding officer(s) is (are) unable to determine if an alarm is valid or false because of inaccessibility of the alarm site, the response is presumed to be a false alarm response, and is subject to service fees. [see 16.46.011(P)]
(Ord. 6316 §2, 2004).
16.46.120 - Fees for appropriating public police services for private purposes
A. The City Manager shall establish service fees for appropriating public police services for private purposes.
1. Separate rates shall be established for responses to false burglary/property/intrusion alarms and to false robbery/hold-up/panic/duress alarms.
2. The established rates shall assure that the full cost of police response to false security alarms is recovered by the City.
B. Service fees are assessed based on the response requested. An alarm dispatch request reporting a robbery alarm, for example, is subject to the false alarm penalty fee applicable to robbery false alarm responses, even if the alarm activation should properly have been reported as a burglary alarm.
(Ord. 6316 §2, 2004).
16.46.130 - Authorization to issue citations and assess service fees
A. The Alarm Administrator is granted a special commission by the Chief of Police to issue citations pursuant to this Chapter.
B. The Alarm Administrator is authorized by the City Council to assess service fees pursuant to 16.46.120.
(Ord. 6316 §2, 2004).
16.46.140 - Fee processing
A. Alarm businesses contracting with customers to provide monitoring services (or their agents) shall assure that customers residing in the City complete initial registration forms and remit the required registration fee to the City (or its designee) prior to activation of monitoring service.
B. The City may contract with a private vendor to process and bill service fees and registration fees.
C. All fees are due and payable on receipt of invoice. Fees that are unpaid thirty (30) days or more after the date of invoice are considered past due for purposes of this Chapter.
D. A late fee of $10 or 10% of the outstanding balance, whichever is greater, may be imposed on past due accounts to cover the cost of processing and collection.
(Ord. 6316 §2, 2004).
16.46.150 - Suspension and revocation of registration
A. Any alarm user having more than three (3) false alarm responses in any calendar year shall, on the event of the fourth such incident, have his/her/their alarm registration suspended for ninety (90) days or the balance of the year for which the registration is valid, whichever is greater.
B. Any alarm user having alarm service fees past due on January 1st of any year shall have his/her/their registration suspended from the first business day following January 1st until all outstanding fees have been paid in full.
C. Any alarm user having three (3) suspensions in any five (5) year period shall, on the event of the third suspension, have his/her/their alarm registration revoked.
D. Furnishing false information on an alarm registration application is prohibited.
1. On the first offense, the Alarm Administrator shall suspend the alarm user’s registration for thirty (30) days.
2. On the second offense, the Alarm Administrator shall revoke the alarm user’s registration.
(Ord. 6316 §2, 2004).
16.46.160 - False alarm awareness classes
A. The Alarm Administrator shall conduct a false alarm awareness class no less than twice each calendar year.
B. Completion of the false alarm awareness class conducted by the Alarm Administrator by an alarm user (i.e., the person responsible for operation of a registered alarm system) may serve in lieu of a registration suspension one time per registered alarm site.
(Ord. 6316 §2, 2004).
16.46.170 - Appeals
A. Service fees may be appealed to the Alarm Appeals Officer, as follows:
1. The appeal process is initiated by the alarm user sending a letter to the Alarm Appeals Officer requesting an appeal conference and specifying the reasons for the appeal. This letter must be received by the Alarm Appeals Officer within ten (10) working days after receipt of the service fee invoice.
2. Service fees may be appealed only on the grounds that the incident cited as the basis for the service fee was, in fact, not a false alarm response. The alarm user must, in his/her letter requesting an appeal, describe credible evidence in his/her possession that supports the contention that the involved incident was a valid alarm, as described in 16.46.110(D).
3. Circumstances that are not grounds for appeal under this Chapter include, but are not limited to, the following:
a. Instances involving accidental or unintentional alarm activation.
b. Instances involving lack of knowledge of system operation or lack of training on system use.
c. Instances involving "extenuating circumstances."
4. In instances in which an inappropriate action by an alarm business (such as making an alarm dispatch request in error, failing to properly adjust and/or test alarm equipment or failing to properly cancel an alarm dispatch request) results in a service fee being imposed on an alarm user, the following rules apply:
a. Service fees resulting from such instances are not subject to appeal under this Chapter. Alarm users must seek redress for fees imposed in such situations from the alarm business, not the City.
b. False alarm incidents caused by alarm business error may be appealed under this Chapter for the purpose of averting registration suspension.
c. Alarm users who, on appeal, demonstrate that a false alarm incident was attributable solely to alarm business error shall not have that incident apply toward or be the cause of a registration suspension.
5. The Alarm Appeals Officer may reject, without further process, requests for appeals that are not supported by credible evidence from the appellant. Notice of rejection of a request for appeal shall be sent to the appellant in writing within five (5) working days following receipt of the request by the Alarm Appeals Officer.
6. The filing of a request for an appeal conference with an Alarm Appeals Officer sets aside any pending service fee or related service suspension/revocation until the Alarm Appeals Officer either rejects the appeal request, as described in 16.46.170(A)(1), or renders a final decision.
7. The Alarm Appeals Officer, on receipt of an appeal request, shall conduct an appeal conference in Olympia within fifteen (15) working days after receiving the appeal request, and shall determine if grounds exist to waive or cancel the fee or action.
8. At the conference, the Alarm Appeals Officer shall consider evidence presented by any interested person(s). Because false alarm responses are based on the professional judgment of the responding officer using the facts known to the officer at the time of the incident, the burden of proof in appeals is on the appellant. The appellant must establish with credible evidence that facts not considered by the officer existed at the time of the incident lead to the reasonable conclusion that the incident involved was a valid alarm, as described in 16.46.110(D). The Alarm Appeals Officer shall make his/her decision based on the presence of such facts and conclusion.
9. The Alarm Appeals Officer shall render a decision and notify the appellant and the Alarm Administrator thereof in writing within ten (10) working days after the appeal conference is held. The Alarm Appeals Officer may affirm, waive, cancel or modify the penalty fee or action that is the subject of the appeal.
10. If the Alarm Appeals Officer affirms or modifies the amount of a service fee due, that amount becomes immediately due and payable.
11. Appeal decisions are reviewed and approved by the Chief of Police prior to becoming official. The official decision of the Alarm Appeals Officer is final, and no further appeals or remedies are available, except as provided by law.
B. Violations that are civil infractions or misdemeanors under this Chapter are subject to the due process provisions of law available through the Olympia Municipal Court.
(Ord. 6316 §2, 2004).
16.46.171 - Authority of Alarm Appeal Officer
The following cases shall be within the jurisdiction of the Alarm Appeals Officer under the terms and procedures of this Chapter.
A. Any and all false alarm appeals governed by this chapter.
B. Alarm registration revocation and/or suspension of any system located within the City of Olympia or its jurisdiction governed by this Chapter. Administration of service fees and/or fines related to or applicable to any security alarm system authorized by this Chapter.
C. Any and all other administrative alarm appeals as they may pertain to security alarm systems located within the City of Olympia, including appeals as set forth in section 5.55.090 of this Code.
(Ord. 6316 §2, 2004).
16.46.172 - Alarm Appeals Officer selection
The Alarm Appeals Officer shall be selected by the Chief of Police. The Alarm Appeals Officer may be retained on a professional service contract for a term and on conditions determined appropriate by the Chief of Police. Such contract may provide that the Alarm Appeals Officer may retain the services of masters to hold hearings as are needed to render aid and advice regarding technical or specialized issues that may be presented to the Alarm Appeals Officer. Such contract may also provide for Alarm Appeals Officers pro tem to serve in the absence of the Alarm Appeals Officer on such terms and conditions deemed appropriate by the Chief of Police.
(Ord. 6316 §2, 2004).
16.46.173 - Qualification and removal
Alarm Appeals Officers shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. The Alarm Appeals Officer shall hold no other elective or appointive office or position with the City of Olympia. The Alarm Appeals Officer may be removed from office for cause by the Chief of Police.
(Ord. 6316 §2, 2004).
16.46.174 - Improper influence, conflict of interest and appearance of fairness
A. No City official, elective or appointive, shall attempt to influence the Alarm Appeals Officer in any matter officially before him/her so as to constitute misconduct of a public office under RCW 42.20 or a violation of the Appearance of Fairness Doctrine.
B. The Alarm Appeals Officer shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the Appearance of Fairness Doctrine. If such conflicts or violations cannot be avoided in a particular case, the Alarm Appeals Officer shall assign an Alarm Appeals Officer pro tem to act in his/her absence.
(Ord. 6316 §2, 2004).
16.46.175 - Organization, rules
A. The Office of the Alarm Appeals Officer shall be under the administrative supervision of the Alarm Appeals Officer and shall be separate from the Olympia Police Department.
B. The Alarm Appeals Officer shall be empowered to adopt rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his/her office. Such rules may provide for cross examination of witnesses. Further, such rules shall provide for recording of the proceedings and for compliance with the State, Federal and City laws which may govern such a proceeding.
In rendering a decision, the Alarm Appeals Officer is hereby authorized to take judicial notice of all duly-adopted rules, ordinances, standards, plans, regulations, and policies of the City of Olympia and other public agencies.
(Ord. 6316 §2, 2004).
16.46.180 - Exceptions
The provisions of this Chapter shall not apply to temporary alarm systems used by the Department or other public law enforcement agencies for investigative or protective purposes (e.g., VARDA, WAVE or similar systems).
(Ord. 6316 §2, 2004).
16.46.181 - Special rules applicable to public schools
A. Public schools are subject to the following special rules:
1. Alarm monitoring companies are exempt from making verification telephone calls, as required in OMC 5.55.060(A), to public school sites between the hours of 11:00 PM and 6:00 AM, and all day on Saturdays, Sundays and school holidays.
2. Public schools are subject to the following service fee structure:
a. Public schools are subject to annual registration rules, but are exempt from paying the annual registration fees applicable to government facilities, as described in 16.46.031.
b. No fee is charged for the first false alarm in any calendar year.
c. The fee for the second false alarm in any calendar year is waived, provided the site administrator (or designee) attends the next available false alarm awareness class;
d. The third and all subsequent false alarms in any calendar year are charged at the standard service fee rate.
3. Public schools sites are exempt from registration suspension or revocation.
B. To qualify for special rules and exemptions under this Section, an alarm site must meet the following criteria:
1. The site is located within the municipal boundaries of the City of Olympia; and
2. The site is a public school serving children in one or more of grades K-12, owned and operated by Olympia School District 111; or
3. The site is a public school site serving children in one or more of grades K-12, owned and operated by Educational Service District 113.
C. The Alarm Administrator may make any other special rules and exceptions as are deemed necessary to assure that appropriate protection and accountability is maintained at public schools.
(Ord. 6316 §2, 2004).