Chapter 9.50
FALSE ALARMS
Sections:
9.50.030 Emergency response card.
9.50.040 False alarms – Unlawful conduct.
9.50.050 Fees – Corrective action – Disconnection.
9.50.060 Administrative decision – Notice.
9.50.070 Hearing from administrative decision – Finality.
9.50.080 Payments of fees required.
9.50.010 Purpose.
The purpose of this chapter is to reduce the number of false alarms occurring in the town of Twisp and the resultant waste of town resources, and potential damages to citizens and public safety officers by providing for corrective administrative action, including fees and civil penalties for violation. (Ord. 619 § 1, 2010)
9.50.020 Definitions.
In this chapter, unless a different meaning plainly is required, the definitions contained in this section shall apply:
(1) “Alarm system” means any mechanism, equipment, or device which is designed to sound a fire alarm or unauthorized entry into any building or onto any property, or to direct attention to a robbery in progress, and to signal the above occurrences, either by a local or audible alarm or by a silent or remote alarm. Alarm systems shall not include alarms installed in motor vehicles, which by their nature are mobile and are intended to prevent theft through the creation of a loud noise.
(2) “Automatic dialing device” means a device which is interconnected and is programmed to select a predetermined telephone number and/or transmit by voice message or code signal an emergency message indicating a need for emergency response.
(3) “Fire chief” includes his designee.
(4) “Chief of police” includes his designee.
(5) “False alarm” means the activation of a fire alarm, burglary and/or robbery alarm by other than an actual fire, forced entry, attempted forced entry, unlawful entry, robbery or attempted robbery on the premises and at a time when no robbery, fire, burglary or other crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises.
(6) “Owner” means the person having or maintaining a fire, burglary and/or robbery alarm on premises owned and/or occupied by him.
(7) “Person” means any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.
(8) “Response” shall be deemed to have occurred when the police or fire department begins to proceed towards the premises as a result of the activation of the alarm. (Ord. 619 § 1, 2010)
9.50.030 Emergency response card.
It is unlawful to have or maintain on any premises an automatic dialing device unless there is on file with the Twisp police department an emergency response card containing the name or names and current telephone number or numbers of person(s) authorized to enter such premises and turn off any such alarm at all hours of the day and night. (Ord. 619 § 1, 2010)
9.50.040 False alarms – Unlawful conduct.
(1) It is unlawful for anyone to activate any fire, robbery and/or burglary alarm for the purpose of summoning police or the fire department, except in the event of an actual fire or attempted unlawful entry, burglary or robbery; or for anyone notifying the police or fire department of any activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail at the same time to notify the police and/or fire department of such apparent malfunction.
(2) Fire. Every person who knowingly causes or makes any false alarm of fire, or who in any manner tampers or interferes with any fire alarm or fire apparatus of any kind shall be guilty of an infraction. This section shall not apply to the chief or other members of the fire department or to other persons duly authorized to sound an alarm when such may be deemed proper.
(3) Falsely Calling Police. Every person who makes, or who causes to be made, any call for the police for false reasons, or who in any manner tampers or interferes with any police alarm, or telephone, or police alert apparatus of any kind, shall be guilty of an infraction. This section shall not be construed to apply to the chief or other members of the police department, or to other persons duly authorized to sound an alarm, or make a call, or sound an alert when such may be deemed proper. (Ord. 619 § 1, 2010)
9.50.050 Fees – Corrective action – Disconnection.
For police and/or fire department response to any false alarm, the city shall charge and collect from the person having or maintaining such fire, burglary and/or robbery alarm, on premises owned or occupied by him, fees as follows:
(1) For response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged. Upon first response, notice of conditions and requirements of this chapter shall be given to the owner or occupant of the premises on which the false alarm occurred and upon which the fire, burglary and/or robbery alarm is located.
(2) For a second response to premises within six months after the first response, a fee of $50.00 shall be charged. The person having or maintaining such fire, burglary and/or robbery alarm shall, within five working days after notice to do so, make a written report to the chief of police and/or fire chief on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police and/or fire chief may reasonably require to determine the cause of such false alarm, any mitigating circumstances and corrective action necessary. The chief of police and/or fire chief may direct the person having or maintaining such fire, burglary and/or robbery alarm to have authorized service personnel inspect the alarm at such inspection and corrective action shall be borne by the individual having or maintaining the alarm on said premises. When the written report detailing corrective actions has been submitted pursuant to this subsection, the fee for this incident shall be reduced to $0.00.
(3) For a third response to premises within six months after the second response, a fee of $75.00 dollars shall be charged and necessary corrective action prescribed under subsection (2) of this section.
(4) For a fourth response within six months after the third response, and all succeeding responses, a fee of $100.00 shall be charged. The chief of police and/or fire chief may order the person having or maintaining the fire, burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department and/or fire department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.
(5) Fees may be revised from time to time by resolution of town council. (Ord. 619 § 1, 2010)
9.50.060 Administrative decision – Notice.
(1) Notice of imposition of any administrative sanction, including the imposition of a fee 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.
(2) 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 TMC 9.50.070(2) by filing written request with the police chief and/or fire chief within 15 days of the date of the notice, the sanctions will be imposed. (Ord. 619 § 1, 2010)
9.50.070 Hearing from administrative decision – Finality.
(1) Any person subject to the imposition of a fee 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.
(2) The request for a hearing must be made in writing and filed with the police chief and/or fire chief within 15 days of the date of the notice of administrative decision required under TMC 9.50.060. Upon receipt of a timely written request, the police chief and/or fire chief shall schedule a hearing date and inform the owner of the date, time and place of the hearing. The police chief and/or fire 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 and/or fire chief determine 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 and/or fire chief shall keep a written report of the hearing, including a statement or reasons for whatever action is taken. (Ord. 619 § 1, 2010)
9.50.080 Payments of fees required.
It is a civil infraction for any person to fail or refuse to pay any fees imposed under this chapter. Upon failure to pay these fees, the city may authorize the city attorney to collect fees by appropriate legal action. (Ord. 619 § 1, 2010)