Chapter 5.60
REGULATION OF PRIVATELY OWNED BURGLARY, ROBBERY AND FIRE ALARM SYSTEMS
Sections:
5.60.020 Alarm systems permitted – Fees.
5.60.030 Automatic telephone messages not allowed – Permits for existing telephone message systems.
5.60.040 False alarms – Fees – Corrective action.
5.60.060 Nuisances declared – Abatement.
5.60.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A. “Alarm system” means any electric or electronic device with one terminal in the protected premises and the other terminal in either the communications center, or other alarm monitoring location, that is intended to provide the emergency services personnel of the county with notice of a robbery, burglary, unauthorized entry, fire, or other emergency condition.
B. “Audible alarm system” means any device that is intended to provide the emergency services personnel of the county with notice of a robbery, burglary, unauthorized entry, fire, or other emergency condition by means of an external bell or other noisemaking device, whether or not the audible alarm system is also connected to an electric or electronic device communicating with the communications center.
C. “Communications center” means the joint law enforcement communications center operated by the city of Bellingham and Whatcom County serving the emergency services agencies of Whatcom County.
D. “False alarm” means the activation of an alarm system at a time when no unlawful entry is being committed or attempted. (Ord. 82-33 (part)).
5.60.020 Alarm systems permitted – Fees.
The county sheriff department is authorized to provide services for alarm systems, as follows:
A. Alarm systems may be installed in, or terminate at the communications center in accordance with reasonable written policies established by the center’s operation committee and administered by the dispatch supervisor. Those alarms which shall be given priority consideration for installation shall include services for agencies of government. Privately owned alarm systems shall not be installed in or terminate at the communications center.
B. Alarm systems serving private residences are not favored, and shall not be installed in the communication center except in accordance with the written policies of the center’s operations committee.
C. Each alarm system served by the communications center shall be subject to an annual service and maintenance fee, in addition to any other fee or penalty authorized by this chapter. The fee is payable in advance, on January 1st of each year, to the Whatcom County treasurer. New alarm systems installed during the year will be charged at a monthly rate, payable in advance, and prorated to the end of the current year.
D. The annual amount of the service and maintenance fee shall be set by the Whatcom County Unified Fee Schedule. (Ord. 93-080 Exh. K; Ord. 88-75: Ord. 82-33 (part)).
5.60.030 Automatic telephone messages not allowed – Permits for existing telephone message systems.
A. Commencing with the effective date of the ordinance codified in this chapter, no person shall use or shall cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line of the county or of the communications center and then reproduces a prerecorded message to report an emergency, except as provided by this section.
B. Continued use of any telephone device or attachment that was installed and operative prior to the effective date of the ordinance codified in this chapter shall not be permitted unless the owner or user of the attachment or device obtains a permit subject to reasonable policies established by the communication center’s operations committee, designed to prevent the device from seizing or interfering with public access to emergency services telephone lines. The permit shall be issued on written application to the sheriff department.
C. Nothing in this section shall preclude law enforcement agencies from the utilization of specialized alarm equipment for investigative or surveillance purposes, when such equipment involves the use of prerecorded messages and dialing and the use of county or communications center trunk lines, provided that such law enforcement use has been authorized by the Whatcom County sheriff. (Ord. 82-33 (part)).
5.60.040 False alarms – Fees – Corrective action.
It is the policy of the county to prevent inadvertent false alarms. To this end the sheriff shall administer this chapter as follows:
A. For the first false alarm in any six-month period generated at a premises served by an alarm system, no fee shall be charged. The person owning or occupying the premises served by the alarm system shall, within three working days after notice to do so, make a written report to the sheriff on forms provided by the sheriff, setting forth: the cause of the false alarm, the corrective action taken, whether the system has been inspected by a trained serviceman, and such other information as the sheriff may reasonably require in order to determine the cause of the false alarm and any necessary corrective action.
B. For the second false alarm in any six-month period, no fee shall be charged. A written report shall be required of the owner or occupant of the premises served by the alarm system, as in the case of the first false alarm. In addition, the sheriff is authorized to inspect the alarm system at the premises, and to prescribe necessary corrective action by written notice to the owner or occupant of the premises served by the alarm system.
C. For the third false alarm during any six-month period, and for any subsequent false alarm within six months of such third false alarm, the sheriff shall impose a fee in an amount set by the Whatcom County Unified Fee Schedule as reimbursement for the costs of response. The fee shall be paid by the owner or occupant of the premises generating the false alarm. Billings for the fees shall be directed through the Whatcom County treasurer on a quarterly basis, using an itemized list showing the date and time of each false alarm for which the fee is imposed.
D. Owners or occupants of premises causing false alarms shall report all such false alarms to the sheriff, whether or not the false alarm is directly received by the communications center, in order that corrective measures may be taken. (Ord. 93-080 Exh. K; Ord. 82-33 (part)).
5.60.050 Unlawful acts.
It is a misdemeanor for any person to:
A. Have or maintain on any premises an audible alarm system unless there is posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter the premises and turn off the alarm can be reached at all times; or to
B. Fail to turn off any audible alarm system within one hour of being notified to do so; or
C. Upon notifying the sheriff department of an inadvertent false alarm apparently caused by an electrical or other malfunction of the alarm system, to fail to also notify the sheriff department of the apparent malfunction. (Ord. 82-33 (part)).
5.60.060 Nuisances declared – Abatement.
A. The following are declared to be nuisances in violation of this chapter:
1. Any alarm system for which the annual fee required by Section 5.50.020 remains unpaid for more than six months;
2. Any automatic telephone message device operated without the permit required by Section 5.50.030;
3. Any alarm system for which a false alarm fee imposed pursuant to the provisions of Section 5.60.040 remains unpaid for more than 30 days after its due date;
4. Any alarm system for which corrective action directed by the sheriff pursuant to the provisions of Section 5.60.040 is not taken with 90 days.
B. Alarm systems declared to be nuisances under this section shall be abated in the manner provided for abatement of nuisances under the county or state law. (Ord. 82-33 (part)).
5.60.070 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 82-33 (part)).