I. Offenses By or Against Public Officers and Government
Chapter 9.08
FALSE ALARMS
Sections:
9.08.030 Unlawful alarm resetting.
9.08.040 Fine for police/fire response.
9.08.060 Response to notice within 15 days.
9.08.070 Adoption of civil infraction procedures.
9.08.080 Other alarms unaffected.
9.08.010 False alarm defined.
For the purposes of this chapter, “false alarm” means the activation of a burglary and/or robbery alarm by means other than a forced or attempted forced entry to the premises, or at a time when no burglary or robbery unlawful entry, or actual robbery or attempted robbery, or a perceived threat to a person on the premises and at the time when no robbery, burglary, or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises. “False alarm” also means the activation of any fire alarm, carbon monoxide or other emergency notification system by means other than the presence of smoke, heat, carbon monoxide or lack of water pressure, or at a time when no smoke, fire or excess heat or carbon monoxide and/or lack of water pressure is present on the premises. (Ord. 1164 § 2, 2015).
9.08.020 Activation.
It is unlawful for any person to activate or permit the activation of any burglary, robbery or fire alarm system so as to create a false alarm. Setting or testing of any alarm system for a duration not to exceed two seconds is exempt from this section. (Ord. 1164 § 2, 2015).
9.08.030 Unlawful alarm resetting.
It is unlawful for a person to reset the alarm until the alarm system has been inspected and a reset authorized by responding police or fire department personnel. (Ord. 1164 § 2, 2015).
9.08.040 Fine for police/fire response.
The person having or maintaining such burglary, robbery and/or fire alarm system on premises owned or occupied by him shall be subject to a monetary penalty for false alarms prohibited by this chapter, as follows:
A. The first response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” shall not be subject to a monetary penalty, but the police and/or fire chief shall be authorized to issue a warning to the person having or maintaining the burglary and/or fire alarm system that they will be subject to a monetary penalty of $75.00 for a second response to the premises within six months after a first response and $100.00 for all succeeding responses within six months of the last response, and possible disconnection of their system if a third false alarm is responded to within the six-month period following the second false alarm.
B. The second response to premises within six months after a first response shall be subject to a monetary penalty in the amount of $75.00.
C. The third response to premises within six months after a first response, and all succeeding responses within six months of the last response, shall be subject to a monetary penalty of $100.00. (Ord. 1164 § 2, 2015).
9.08.050 False alarm notices.
Whenever the police respond to a false alarm, the officer responding may take the address of the premises and any other information displayed on the premises which might identify the owner or occupant of the premises. If the officer is able to identify the owner or occupant of the premises at the scene, and the response is other than a first response, then the officer shall either fix conspicuously to such premises a notice of infraction relating to false alarms or provide such notice of infraction to the owner or occupant, if such persons be present. In all other circumstances other than a first response, a notice of infraction relating to false alarms shall be mailed to the owner or occupant. (Ord. 1164 § 2, 2015).
9.08.060 Response to notice within 15 days.
Any person who receives a notice of infraction relating to false alarms shall respond to such notice as provided in RCW 7.80.080 within 15 days of the date of the notice. (Ord. 1164 § 2, 2015).
9.08.070 Adoption of civil infraction procedures.
The provisions of RCW 7.80.050 through 7.80.160 concerning civil infractions, as now or hereafter amended, are adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full. (Ord. 1164 § 2, 2015).
9.08.080 Other alarms unaffected.
Except as otherwise expressly provided herein, no provisions of this chapter shall in any way prohibit, curtail or limit the use of outside audible fire alarm systems in use as of the adoption of the ordinance codified in this chapter which are activated by heat or by lack of water pressure or similar means. Except as otherwise expressly provided herein, no provisions of this chapter shall in any way prohibit, curtail or limit the use of any alarm system which is otherwise required or regulated by state or federal law. (Ord. 1164 § 2, 2015).
9.08.090 Violation – Penalty.
Violation of any of the provisions of this chapter is a civil infraction. Any person, firm or corporation found guilty of a violation of SMC 9.08.020 shall be punished by a fine not to exceed the amounts set forth in SMC 9.08.040. Any person, firm or corporation found guilty of a violation of any other section of this chapter shall be punished by a fine not to exceed $250.00 per violation. (Ord. 1164 § 2, 2015).