Chapter 8.48
SECURITY ALARMS
Sections:
8.48.030 Department of public safety response.
8.48.070 Hearing from administrative decision – Finality.
8.48.010 Purpose.
The purpose of this chapter is to attempt to reduce the number of false security and/or fire alarms that occur in the city of Soap Lake and recover part of the cost for responding to such false alarms. (Ord. 1220 § 1, 2015).
8.48.020 False alarm.
“False alarm” shall mean the activation of any security alarm when no crime is being committed or attempted upon a person, real property, or other property, or when no medical emergency exists, which may be caused by mechanical failure, malfunction, improper installation, lack of maintenance, or negligence of the owner or lessee of an alarm system or their employees or agents. (Ord. 1220 § 1, 2015).
8.48.030 Department of public safety response.
For a department of public safety response to any false alarm, the director of public safety shall inform the city clerk, or designee, and the city clerk shall charge and collect from the person having or maintaining such alarm system, on premises owned or occupied by him/her, such fees as follows:
A. For a response to premises at which no other false alarm has occurred within the preceding three-month period, hereinafter referred to as a “first response,” no fee shall be charged, but the person having or maintaining such alarm system shall, within three working days after notice to do so, make a written report to the director of public safety on forms prescribed by him setting forth the course of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized serviceman, and such other information as the director of public safety may reasonably require to determine the cause of such false alarm and corrective action necessary.
B. For a second response to a premises within three months after a first response, a fee of $150.00 shall be charged and a written report shall be required as for a first response and the director of public safety shall be authorized to inspect, or cause to be inspected, the alarm system and/or automatic sprinkler alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section.
C. For a third response to a premises within three months after such second response, and for all succeeding responses within three months of the last response, a fee of $500.00 shall be charged, and if such third false alarm or any such succeeding false alarm is as a result of failure to take necessary corrective action prescribed by the director of public safety, the director of public safety may order the disconnection of such alarm system and it shall be unlawful to reconnect such alarm system until such corrective action is taken; provided, that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. (Ord. 1220 § 1, 2015).
8.48.040 Recovery of costs.
In addition to the fees above, the city shall have the right to seek recovery of costs through civil action when there are more than three responses to a false alarm during a calendar year. Costs shall include the following:
A. Personnel costs (including salaries, overtime, fringe benefits) for the time that involved personnel were not available to respond to valid emergencies.
B. Administrative costs and court costs.
C. Multi-Agency Communications Center 911 fees and charges. (Ord. 1220 § 1, 2015).
8.48.050 Responsibilities.
The owner of the alarm system or subscriber of an alarm service shall be responsible for all responses to false alarms resulting from activation of an alarm system including those caused by tenants or any other occupants of the building or occupancy. (Ord. 1220 § 1, 2015).
8.48.060 Notice of fee.
A. Notice of imposition of a fee or other sanction 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 the 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 mayor by filing written request with the city clerk within 15 days of the date of the notice, the sanctions will be imposed. (Ord. 1220 § 1, 2015).
8.48.070 Hearing from administrative decision – Finality.
A. Any person subject to the imposition of a fee or other sanction, including but not limited to the disconnection of an alarm system, under the terms of this chapter shall have a right to a hearing with the mayor upon filing a timely written request.
B. The request for a hearing must be made in writing and filed with the city clerk within 15 days of the date of the notice of administrative decision. Upon receipt of a timely written request, the city clerk shall schedule a hearing date and inform the owner of the date, time and place of the hearing. The mayor 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 mayor 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 mayor shall keep a written report of the hearing including a statement of reasons for whatever action is taken. (Ord. 1220 § 1, 2015).