Chapter 9.20
FALSE ALARMS
Sections:
9.20.020 False alarm prohibited when—Fee.
9.20.030 Notice—Payment of fee—Waiver of fee—Appeal.
9.20.040 Emergency response registration—Payment of fee.
9.20.010 False alarm defined.
For the purposes of this chapter, the term “false alarm” means the activation of a burglary and/or robbery or fire alarm by other than a forced entry or attempted forced entry to the premises, or by other than a fire and at a time when no burglary or robbery is being committed or attempted on the premises, or when no fire exists on the premises. (Ord. 2900 § 1, 2014).
9.20.020 False alarm prohibited when—Fee.
It is unlawful for any person, business, or other legal entity having or conducting a private alarm system for fire, theft, burglary, or other protection to have two or more false alarms within a ninety-day period. The owner of any residence, business, or premises in which said alarm system exists shall pay an amount set in a separate ordinance passed by the city council for the second and each additional false alarm in any ninety-day period. (Ord. 3021 § 1, 2017: Ord. 2900 § 2, 2014).
9.20.030 Notice—Payment of fee—Waiver of fee—Appeal.
The police department shall notify the party responsible for paying the fee and, if said fee is not paid to the city finance director within thirty days, a summons and complaint shall be executed by the city and the responsible party shall thereby be brought within the jurisdiction Benton County district court. In the alternative if the fee is not paid within thirty days and at the sole discretion of the mayor, or his or her designee, the mayor, or his or her designee, may assign collection of the fee to a collection agency. If the collection of the fee is turned over to a collection agency, then the agency can add a reasonable fee in accordance with RCW 19.16.500.
The chief of police shall waive the false alarm fee if the person liable to pay the false alarm fee files an application for a fee waiver within twenty days from the date the police department notified him or her that the false alarm fee was due proving by a preponderance of the evidence:
A. That multiple false alarms all occurred within a consecutive twenty-four-hour period;
B. That the false alarms were due to an equipment failure; and
C. That the person responsible to maintain the premises where the false alarms occurred was not reasonably capable of disabling the alarm system to prevent the multiple false alarms.
The chief of police shall notify the applicant whether the waiver has been granted within twenty days from the date that the fee waiver application is received by the city. If the waiver is denied, then the false alarm fee shall be due and payable on or before thirty days from the date of denial. The chief of police is authorized to create forms and administrative procedures to implement the waiver process. (Ord. 2900 § 3, 2014).
9.20.040 Emergency response registration—Payment of fee.
It shall be unlawful to have or maintain on any premises a burglary and/or robbery or fire alarm unless there is on file with the city of Prosser police chief a current emergency response registration including, but not limited to, 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. The city’s police chief is hereby authorized to establish policies and procedures to establish emergency response registration forms. In the event that an emergency response registration is not filed by the person maintaining the burglary and/or robbery or fire alarm within thirty days after the police chief issues a written demand to obtain such emergency response registration, then a penalty in the amount set forth in a separate ordinance passed by the city council shall be paid before the police chief may issue the registration for the burglary and/or robbery or fire alarm. In the event that an emergency response registration is not filed by the person maintaining the burglary and/or robbery or fire alarm within sixty days after the police chief issues a written demand to obtain such emergency response registration, then the person who fails to obtain such registration shall be guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars or confinement for one year in jail or both such fine and confinement in jail. (Ord. 3021 § 2, 2017: Ord. 2900 § 4, 2014).
9.20.990 Severability.
The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, phrase, or word of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, sentence, clause, phrase, or word be held unconstitutional or invalid. (Ord. 2900 § 5, 2014).