Not an official copy.
Omak, WA
Municipal Code Chapter 7.12
Alarms
Sections:
7.12.010 Purpose.
7.12.020 Definitions.
7.12.030 Emergency response card.
7.12.040 False alarms-Unlawful conduct.
7.12.050 Fees-Corrective action-Disconnection.
7.12.060 Administrative decision-Notice.
7.12.070 Hearing from administrative decision-Finality.
7.12.080 Payments of fees required.
7.12.010 Purpose.
The purpose of this chapter is to reduce the number of false alarms occurring
in the city of Omak and the resultant waste of city resources, and potential
damages to citizens and public safety officers by providing for corrective administrative
action, including fees, potential disconnection and civil penalties for violation.
(Ord. 1125 § 1, 1990).
7.12.020 Definitions.
In this chapter, unless a different meaning plainly is required, the definitions
contained in this section shall apply:
(a) "Alarm system" means any mechanism, equipment or device which is designed
to detect heat/smoke 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.
(b) "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.
(c) "Chief of police" includes his designee.
(d) "False alarm" means the activation of a heat/smoke 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, burglary or other crime involving a foreseeable risk of grievous
bodily harm is being committed or attempted on the premises.
(e) "Owner" means the person having or maintaining a heat/smoke, burglary and/or
robbery alarm on premises owned and/or occupied by him.
(f) "Person" means any natural person, partnership, joint stock company, unincorporated
association or society, or a corporation of any character whatsoever.
(g) "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. 1125 § 2, 1990).
7.12.030 Emergency response card.
It is unlawful to have or maintain on any premises an automatic dialing device
unless there is on file with the Omak 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. 1125 § 3, 1990).
7.12.040 False alarms-Unlawful conduct.
(a) It is unlawful for anyone to activate any heat/smoke, robbery and/or burglary
alarm for the purpose of summoning police except in the event of an actual fire
or attempted unlawful entry, burglary or robbery, or for anyone notifying the
police 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 of such apparent malfunction.
(b) Fire. Every person who knowingly causes or makes any false alarm of fire,
or who is 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.
(c) 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. 1125
§ 4, 1990).
7.12.050 Fees-Corrective action-Disconnection.
For police response to any false alarm, the city shall charge and collect from
the person having or maintaining such heat/smoke, burglary and/or robbery alarm
on premises owned or occupied by him, fees as follows:
(a) 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 heat/smoke, burglary and/or robbery
alarm is located.
(b) For a second response to premises within six months after the first response,
a fee of twenty-five dollars shall be charged. The person having or maintaining
such heat/smoke, burglary and/or robbery alarm shall, within five working days
after notice to do so, make a written report to the chief of police 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 may reasonably require to
determine the cause of such false alarm, any mitigating circumstances and corrective
action necessary. The chief of police may direct the person having or maintaining
such heat/smoke, 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.
(c) For a third response to premises within six months after the first response,
a fee of fifty dollars shall be charged and necessary corrective action prescribed
under subsection (b) of this section.
(d) For a fourth response within six months after the first response, and all
succeeding responses, a fee of one hundred dollars shall be charged. The chief
of police may order the person having or maintaining the heat/smoke, 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; provided, that no disconnection shall be ordered relative
to any premises required by law to have an alarm system in operation. (Ord.
1125 § 5, 1990).
7.12.060 Administrative decision-Notice.
(a) Notice of imposition of any administrative sanction, including the imposition
of a fee and/or order of disconnection 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.
(b) 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 Section 7.12.070(b) by filing written request with the police chief within
fifteen days of the date of the notice, the sanctions will be imposed. (Ord.
1125 § 6, 1990).
7.12.070 Hearing from administrative decision-Finality.
(a) Any person subject to the imposition of a fee, order of disconnection 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.
(b) The request for a hearing must be made in writing and filed with the police
chief within fifteen days of the date of the notice of administrative decision
required under Section 7.12.060. Upon receipt of a timely written request, the
police chief shall schedule a hearing date and inform the owner of the date,
time and place of the hearing. The police 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 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 police chief shall keep a written report
of the hearing, including a statement or reasons for whatever action is taken.
(Ord. 1125 § 7, 1990).
7.12.080 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. 1125 §
8, 1990).
Chapter 7.20
Spokane Municipal Code Ch. 10.07 Offenses Against Government Order (Excerpt from Code)
10.07.010 False Alarm -- Prohibited.
A. No person may wilfully tamper with, damage, or interfere with any wire, switch,
telephone, radio, or other equipment or apparatus of any public or private alarm
system.
B. No person may wilfully and without reasonable grounds give or send any false
alarm of fire or other emergency, including shouting in a public place.
C. No person may intentionally activate any alarm system, for the purpose of
summoning emergency response personnel, except in the event of an actual or
attempted criminal activity or other actual emergency necessitating emergency
response personnel response, and no person notifying emergency response services
of an activated alarm and having knowledge that such activation was apparently
caused by an electrical or other malfunction of the alarm system may fail at
the same time to notify the emergency response personnel of such apparent malfunction.
D. No alarm system user may cause or allow more than two false alarms to occur
within any one-year period. This one year period shall commence from the date
of the first false alarm incurred by the alarm system user and continue for
a 12 month period thereafter.
E. No person may provide alarm system monitoring service to the user of an automatic
alarm system without maintaining a verification process as provided in Section
10.07.016.
F. A violation of subsections A through C, inclusive, is a misdemeanor; a violation
of subsections D or E is a civil infraction. (ORD C32073 Sect. 1) Passed: 1998/01/12
Effective: 1998/02/11
10.07.011 Definitions.
A. "Alarm system" means any assembly of equipment, mechanical or electrical,
designed to alert law enforcement agencies, emergency response personnel, the
public, or any person of the commission or attempted commission of a crime or
of an emergency. "Alarm system" includes, but is not limited to, burglary, robbery,
fire, emergency panic, or traffic control alarms whether on public or private
premises.
B. "Alarm system monitoring personnel" means any person that engages in the
business of monitoring emergency alarm systems and reporting any activation
of such alarm systems to the appropriate public safety agency.
C. "Alarm system user" means the person who owns or has control over any premises
where an alarm system is maintained. An alarm system user is regarded as the
person requesting activation of the emergency alarm response and who is responsible
for corrective action under this ordinance9 as a result of a false alarm.
D. "Authorized service personnel" means those persons who, by reason of their
experience, trade, or occupation, can demonstrate to the chief of police that
they are qualified to inspect or repair alarm systems.
E. "Emergency response personnel" means law enforcement, fire fighting or emergency
dispatch personnel, or any other person or entity responsible for responding
to an alarm system.
F. "False alarm" means the wilful, intentional or unintentional activation of
any alarm system for the purpose of summoning the police or fire department
or other emergency response personnel at a time when there is no evidence of
criminal activity having been committed or attempted on the premises, or no
fire or other emergency exists. False alarm also includes an alarm activated
due to an equipment malfunction, improper installation or maintenance of equipment,
human error or negligence, or any cause other than the actual commission or
attempted commission of a criminal act.
G. "Non-Response Order" means an order given by the police chief or his/her
designate directing the police department not to designate a response to an
alarm when false alarms generated from that alarm system have exceeded the number
permitted under this ordinance.
H. "Premises" means any building, structure, enclosure, real property, or vehicle.
I. "Verification process" means an independent method of determining that a
signal from an automatic alarm system reflects a need for immediate police assistance
or investigation. The verification process must be conducted by the alarm system
monitoring personnel and may not take more than five minutes, calculated from
the time the alarm signal has been accepted by the alarm system monitoring personnel
until a decision is made whether to call for a police dispatch. (Ord. C-31588)
(ORD C32073 Sect. 2) Passed: 1998/01/12 Effective: 1998/02/11
10.07.012 Alarm System Registration.
A. No person may have or maintain on any premises, except a vehicle, an alarm
system unless the alarm system user has registered the alarm system with the
police department. A separate registration is required for each alarm site.
The police department shall be authorized to charge a nominal registration fee
as set forth by the department's rules and regulations under SMC 10.07/015(A).
The information on the registration will be available to notify the emergency
dispatching offices of the names and telephone numbers of the alarm system user
and of the individuals authorized to enter such premises and turn off the alarm.
B. If the alarm system user has the premises monitored by an alarm system monitoring
personnel, the name, contact person and twenty-four hour telephone number of
the personnel shall be listed on the registration form.
C. The individual or individuals authorized to enter the premises and to turn
off the alarm will be responsible to respond at all times to the police or fire
department's request to come to the premises and turn off the alarm system within
a reasonable time after being notified. Failure to respond in a timely and reasonable
fashion to deactivate the alarm will be grounds for non-response. (Ord. C-31588)
(ORD C32073 Sect. 3) Passed: 1998/01/12 Effective: 1998/02/11
10.07.013 Automatic Calling Device Prohibited.
No person may use or operate, or attempt to use or operate, or cause to be used
or operated, or arrange, adjust, program, or otherwise provide or install any
device or combination of devices that will upon activation, either mechanically,
electronically, or by any other automatic means, initiate a telephonic or recorded
message to the 9-1-1 emergency telephone number, or to any telephone number
assigned or any additional telephone numbers assigned to the City police or
fire department. (Ord. C-31588) Passed: 1996/03/25 Effective On: 1996/04/24
10.07.014 Penalties.
A. Criminal Penalty.
A violation of subsections 10.07.010 A through C, inclusive, is a misdemeanor.
B. First Response.
Upon the first two false alarms from an alarm system, the police department
shall send a notice to the alarm system user informing the user of the time
and location of the false alarm, the nature of the response and the requirements
of this ordinance. 9.
C. Civil Infraction.
1. Each false alarm after the first two from the same alarm system within a
one-year period is a civil infraction and subjects the alarm system user to
the penalty provided in Section 1.05.160.
2. The failure of an alarm system monitoring company to comply with the requirements
of the verification process is a civil infraction and subjects the company to
the penalty provided in Section 1.05.170.
D. Seventh Violation.
Upon seventh false alarm from the same alarm system within a one-year period
the chief of police may impose a non-response order directing the department
not to designate a response to that location, except that a non-response order
is not imposed against premises required by law to have an alarm system. (Ord.
C-31588) (ORD C32073 Sect. 4) Passed: 1998/01/12 Effective: 1998/02/11
10.07.015 Enforcement.
A. Rules and Regulations.
The chief of police administers and enforces the provision of this ordinance.
This chief is authorized to make and enforce such rules and regulations as are
necessary to implement this ordinance.
B. Non-Response.
1. Notice is given to the alarm system user at least forty-eight hours prior
to issuance of a non-response order if the name of the alarm system user has
been furnished to the department. Failure to furnish the name, address and phone
number of the alarm system user constitutes a waiver of this notice provision.
2. The alarm system user may petition the chief to reinstate police response
to an alarm The chief rescinds the non-response order if the alarm system user
satisfactorily demonstrates that the cause of the previous false alarms has
been corrected. In determining whether to rescind a non-response order the chief
uses criteria set forth in the rules and regulations made pursuant to subsection
A.
3. When a non-response order has been rescinded, the alarm system will be on
probationary status for a period of time not to exceed one year. If the repeated
instances of false alarms continue during the probationary period, the non-response
order may be reinstated.
C. Additional Information.
1. On the first false alarm, the department may require the alarm system user
to provide information to the department regarding the cause of the false alarm,
whether any corrective action has been taken and whether the system has been
inspected or repaired by authorized service personnel.
2. Upon the third false alarm, the alarm system user will be given the option
of receiving a class three infraction or attending a false alarm prevention
training course taught by representative of the police department. Where the
alarm is installed in a commercial establishment, the owner or manager will
be the person who will attend the training course in order to qualify for the
waiver of the infraction. (ORD C32073 Sect. 5) Passed: 1998/01/12 Effective:
1998/02/11
10.07.016 Verification Process.
All alarm system monitoring personnel engaging in business activities in the
city must maintain
A. accessible to the police department at all times, a current list of all subscribers'
names, addresses and telephone numbers and the associated protected premises,
and
B. a verification process with those subscribers who have an automatic alarm
system to prevent false alarms from resulting in unnecessary emergency dispatch.
(Ord. C-31588) Passed: 996/03/25 Effective On: 1996/04/24
10.07.017 False Fire Alarms.
Nothing in this chapter restricts the authority of the City to enact additional
ordinances, rules, or regulations relating to enforcement of false fire alarms
and to impose civil infractions and/or fees to reimburse the fire department
for its expenses as authorized by the fire code. (Ord. C-31588)
Passed: 1996/03/25 Effective On: 1996/04/24