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HomeMy WebLinkAboutOrdinance 09-020 False Alarms • CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.09-020 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 7.20 RELATING TO ALARMS,AND OTHER MATTERS RELATING THERETO WHEREAS, the City of Spokane Valley previously adopted regulations relating to false alarms; and WHEREAS, false alarms within the City of Spokane Valley continue to divert law enforcement resources from genuine emergencies; and WHEREAS, the adoption of a false alarm monitoring system would significantly reduce incidents of false alarms; and WHEREAS, a comprehensive alarm policy requiring registration of alarm systems and outlining procedures for false alarm enforcement would facilitate the adoption of a false alarm monitoring system. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Spokane Valley Municipal Code sections related to alarms. Section 2. Repealing Spokane Valley Municipal Code section 7.20.010: SVMC 7.20.010 is repealed in its entirety. Section 3. Repealing Spokane Valley Municipal Code section 7.20.020: SVMC 7.20.020 is repealed in its entirety. Section 4. Repealing Spokane Valley Municipal Code section 7.20.030: SVMC 7.20.030 is repealed in its entirety. Section 5. Repealing Spokane Valley Municipal Code section 7.20.040: SVMC 7.20.040 is repealed in its entirety. Section 6. Repealing Spokane Valley Municipal Code 7.20.050: SVMC 7.20.050 is repealed in its entirety. Section 7. Repealing Spokane Valley Municipal Code 7.20.060: SVMC 7.20.060 is repealed in its entirety. Section 8. Repealing Spokane Valley Municipal Code 7.20.070: SVMC 7.20.070 is repealed in its entirety. Section 9. Repealing Spokane Valley Municipal Code 7.20.080: SVMC 7.20.080 is repealed in its entirety. Ordinance 09-020 False Alarm Page 1 of 19 Section 10. Repealing Spokane Valley Municipal Code 7.20.090: SVMC 7.20.090 is repealed in its entirety. Section 11. Repealing Spokane Valley Municipal Code 7.20.100: SVMC 7.20.100 is repealed in its entirety. Section 12. Adopting Spokane Valley Municipal Code section 7.20.010: SVMC 7.20.010 is adopted as follows: Section 7.20.010 Intent A. The City regulates security alarm businesses to assure that responses to false alarms do not diminish the availability of police services to the general public and to assure that citizens who cannot afford or do not choose to operate security alarm systems are not penalized for their condition or choice. B. The intent of this chapter is to encourage alarm businesses and alarm users to maintain the operational viability of security alarm systems and to significantly reduce or eliminate false alarm dispatch requests made to the police department. C. The purpose of the chapter is to provide for and promote the health, safety and welfare of the general public, not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially benefited by the terms of this chapter. The chapter does not impose or create duties on the part of the City or any of its departments, and the obligation of complying with the requirements of this chapter, and any liability for failing to do so is placed solely upon the parties responsible for owning, operating, monitoring, installing or maintaining security alarm systems. Section 13. Adopting Spokane Valley Municipal Code section 7.20.020: SVMC 7.20.020 is adopted as follows: Section 7.20.020 Definitions "Alarm administrator" means the person designated by the chief of police to administer the City's security alarm program, to issue citations and levy fees pursuant to this chapter. "Alarm appeals officer" means the person(s) designated by the chief of police to hear and decide appeals related to service fees and registration suspensions pursuant to this chapter. "Alarm business" means any business, by an individual, partnership, corporation or other entity engaged in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or responding to security alarms. 1. Alarm businesses also include any person, business or organization that monitors security alarm systems and initiates alarm dispatch requests, including units or divisions of larger businesses or organizations that provide proprietary security alarm monitoring services only to affiliates of the parent business or organization. 2. Alarm businesses do not include persons doing installation or repair work solely on premises they own, lease or rent where such work is performed without compensation of any kind (i.e., "do-it-yourselfers"). Ordinance 09-020 False Alarm Page 2 of 19 "Alarm dispatch request" means the initiating of a communication to the police, via police dispatch, by an alarm business indicating that a security alarm system has been activated at a particular alarm site and requesting police department response to that alarm site. "Alarm installation company" means a person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an alarm system in an alarm site. "Alarm site" (also "security alarm site") means a structure or portion thereof served by a single security alarm system (a "fixed" alarm site). In a multi-tenant building or complex, each portion of the structure or complex having its own security alarm system is considered a separate alarm site. "Alarm system" (also "security alarm system") means a device or series of interconnected devices, including, but not limited to, systems interconnected with hard wiring or radio frequency signals, which are designed to emit and/or transmit a remote or local audible, visual or electronic signal indicating that an intrusion may either be in progress or being attempted at the alarm site. 1. It means only the equipment located at the alarm site when a system is connected to an alarm system monitoring company. 2. Security alarm systems do not include those devices designed to alert only the inhabitants of specific premises and that have no sounding or signaling devices which can be generally heard or seen on the exterior of the alarm site. Security devices do not include personal alert devices worn on a person's body that are primarily designed as an alert of a medical condition. "Alarm user" means any person, firm, partnership, corporation or other entity who(which): 1. controls a security alarm system at an alarm site; 2. is named on the alarm registration; and 3. is financially responsible for the operation of an alarm system. As used in the chapter, the term "alarm user" may mean more than one person, if more than one person is listed on the registration and has accepted financial responsibility for operation of an alarm system. "Burglary alarm" (also "property/intrusion alarm") means an alarm system that is used to detect and report an unauthorized entry or an attempted unauthorized entry upon real property. "Call-up dialer alarm" means a security device that is designed to evoke a police response by transmitting a pre-recorded, unverified signal or message to the police E91 1 system or to any other police telephone. "Chief"means the chief of police of the City of Spokane Valley or his designee. "City" means the City of Spokane Valley and/or the area within the incorporated municipal boundaries of the City of Spokane Valley. "Control number" means the unique number assigned to each licensed security alarm business by the alarm administrator that is used to validate alarm dispatch requests. "Department"means the Spokane Valley police department. "Duress alarm."(See "Robbery alarm.") Ordinance 09-020 False Alarm Page 3 of 19 "Enhanced call verification" means an independent method whereby the alarm monitoring company attempts to determine that a signal from an automatic alarm system reflects a need for immediate police assistance or investigation. This verification process will be conducted by the alarm system monitoring personnel and shall consist of making at least two phone calls to the responsible party or parties and shall not take more than five minutes from the time the alarm signal has been accepted by the alarm system monitoring company. "False alarm response" means police department response to an alarm dispatch request by a commissioned officer of the department where, in the opinion of that officer, no evidence of the commission or attempted commission of a crime is present that can be reasonably attributed to have caused the alarm activation. A false alarm response is also deemed to have occurred when the responding officer is unable to determine if evidence of a criminal offense or attempted criminal offense is present because the alarm site is inaccessible(e.g., where the alarm site is located: 1. within a locked structure, such as an apartment building or business complex with a common entry; or 2. behind a locked gate and no person is present to provide access to the officer; or 3. contains a dog and no person is present to remove the dog so the officer can inspect the site; or 4. contains any type of"protective/reactive"device or contrivance). "Government facility" means any alarmed location where the primary owner, operator, renter or lessee is the City of Spokane Valley, County of Spokane, State of Washington; or agency of the United States government. "Holdup alarm." (See "Robbery alarm.") "Intrusion alarm."(See"Burglary alarm.") "Monitoring"means the process an alarm business uses to: 1. keep watch on alarm systems; 2. receive alarm activation signals from alarm systems; 3. verify alarm activations; 4. relay alarm dispatch requests to the department for the purpose of summoning police response to an alarm site; and 5. to cancel alarm dispatch requests(when appropriate). "Multi-unit complex" means any building or group of buildings located/co-located on the same real property and comprised of two or more separately occupied units. "One-plus duress alarm" means a security alarm system which permits the manual activation of an alarm signal by entering on a keypad a code that either adds the value of "1" to the last digit of a normal arm/disarm code (e.g., the normal arm/disarm code "1234" if entered as "1235" automatically activates the duress alarm feature) or that involves entering any incorrect final digit to a normal arm/disarm code (e.g., the normal arm/disarm code "1234" is entered as "123X"—where "X" is not "4"—automatically activates the duress alarm feature). "Panic alarm."(See"Robbery alarm.") "Person," for purposes of this chapter, means an individual, corporation, partnership, association, organization or similar entity. Ordinance 09-020 False Alarm Page 4 of 19 "Property alarm."(See "Burglary alarm.") "Protective/reactive alarm system" means an alarm system that is equipped and prepared to produce any temporary disability or sensory deprivation through use of chemical, electrical or sonic defense, or by any other means, including use of vision obscuring/disabling devices. "Robbery alarm" (also "duress alarm", "hold-up alarm" or "panic alarm") means an alarm signal generated by the manual or automatic activation of a device, or any system, device or mechanism, on or near the premises intended to signal that a robbery (refer to RCW 9A.56.190) or other crime is in progress, and that one or more persons are in need of immediate police assistance in order to avoid injury, serious bodily harm or death at the hands of the perpetrator of the robbery or other crime. "Security alarm monitoring business" means any person, firm or corporation which is engaged in the monitoring of security alarm systems and the summoning of police officer response to activations thereof. This includes all businesses that are engaged in alarm monitoring for profit and businesses that have specialized units or subsidiaries that monitor only their own alarm systems. "Subscriber" means an alarm user who is a customer of an alarm monitoring company. "Suspend"("suspension"), for purposes of this chapter, means the temporary Toss for an alarm user of the privileges associated specifically with the registration of a security alarm system in the City(specifically police response). "Unmonitored alarm system" means an alarm system (see"Alarm system")that is not actively monitored by an alarm business and whose function it is to evoke police response solely by means of a generally audible and/or visible signal. "Verified response" ("independent reporting") means a police response that is based on information received from a person physically present at a location (e.g., an alarm site) or from real-time audio or video surveillance positively verifying that there is evidence either of a crime or an attempted crime at the location. The verified response by the alarm system monitoring company may not take more than five minutes from the time the alarm signal has been accepted. Section 14. Adopting Spokane Valley Municipal Code section 7.20.030: SVMC 7.20.030 is adopted as follows: Section 7.20.030 Administration and Funding A. Responsibility for administration of this chapter is vested with the chief of police. B. The chief of police designates an alarm administrator to carry out the duties and functions described in this chapter. C. The chief of police designates one or more persons to serve as alarm appeals officer(s)to carry out the duties and functions related to appeals described in this chapter. D. Moneys generated by false alarm service fees and registration fees assessed pursuant to this chapter shall be paid into the City's General Fund. Ordinance 09-020 False Alarm Page 5 of 19 E. The alarm administrator conducts an annual evaluation and analysis of the effectiveness of this chapter and identifies and implements system improvements, as warranted. Section 15. Adopting Spokane Valley Municipal Code section 7.20.040: SVMC 7.20.040 is adopted as follows: Section 7.20.040 Alarm Sites Must be Registered A. Police response to private alarm sites in the City, except as specified in SVMC 7.20.080, is a privilege available only to those alarm users who have alarm systems registered with the City. B.No alarm business providing monitoring service to security alarm sites in the City shall activate alarm monitoring service or initiate alarm dispatch requests relative to any alarm site in the City that is not properly registered. C. Failure by an alarm monitoring or installation company to provide its updated customer information at least once a month to the City in accordance with SVMC 7.20.110(A) is a class one civil infraction. Section 16. Adopting Spokane Valley Municipal Code 7.20.050: SVMC 7.20.050 is adopted as follows: Section 7.20.050 Registration Terms and Fees A. Alarm registration is valid for one year. B. Alarm registration is issued to a person or persons ("alarm user") having bona fide ownership or control of an alarm site (i.e., home owner, business owner, renter, leaseholder, etc.) and specifically for that alarm site or address. Alarm registration remains in the name(s) of the alarm user of record until a change of ownership or control of the alarm site occurs. C. Alarm registration is attached to the alarm user and the alarm site registration and is not transferable. A new alarm site registration must be issued whenever there is a change of ownership or control of an alarm site. D. The initial registration application shall be given to the alarm user at the time of alarm installation and shall be submitted to the alarm administrator or designee within thirty days. E. A signed copy of the disclosure statement required in SVMC 7.20.110 shall be submitted to the alarm administrator along with the initial registration application. Receipt of the disclosure statement is a precondition of registration. F. Registration information is determined by the alarm administrator and shall include, but not be limited to, the following: 1.Name and address of the alarm user (i.e., the person financially responsible for operation of the alarm system being registered). 2. Home, business and cellular telephone number(s)of the alarm user. 3.Name, address and telephone number of the alarm business providing monitoring service to the system. Ordinance 09-020 False Alarm Page 6 of 19 4. Alternate telephone number for verification (cell phone or other telephone designated by the alarm user). 5. Signature of the alarm user verifying that he has read and understood the City public disclosure statement and agrees to pay the fees associated with false alarms. G. On receipt of the application, fees and copy of the signed disclosure statement, the alarm administrator (or designee)shall issue a security alarm registration number to the alarm user. H. The security alarm registration number assigned to an alarm user remains the same for as long as the alarm user continuously maintains registration for the alarm site. I. Registration may be renewed under the following conditions: 1. The alarm site has no past-due fees. 2. The alarm site's registration is not suspended for excessive false alarms. 3. The alarm user either updates his registration information or verifies that the current registration information is still correct. 4. The appropriate annual registration fee is paid. J. Renewal information and fees are submitted to the alarm administrator (or designee) on or before the initial registration anniversary date each year. K. The rates for security alarm registration fees are set forth in the City's Master Fee Schedule, as set forth in SVMC 7.20.310. The established rates shall assure that the alarm administrator position and all other costs related to administration and enforcement of the security alarm ordinance are supported entirely by registration fees. Section 17. Adopting Spokane Valley Municipal Code 7.20.060: SVMC 7.20.060 is adopted as follows: Section 7.20.060 Responsibilities of Alarm Users A. Each alarm user is responsible, annually, for: 1. Registering his alarm system; 2. Paying the registration fee; and 3. Providing current registration information. B. Each alarm user is responsible for assuring that his alarm system is used properly and in accordance with the manufacturer's directions and the law. Inherent in this responsibility is assuring that all persons with access to the alarm system are properly trained on correct use of the system and are authorized to cancel accidental activations, and assuring that procedures and practices are followed that minimize the risk of false alarms. C. Each alarm user is responsible for keeping his alarm system properly maintained and in good working order. D. Each alarm user is financially responsible for paying service fees when police respond to false alarms from his alarm site. E. Failure to meet the responsibilities listed in subsections (A), (B), (C)or(D)of this section may lead to suspension or revocation of alarm registration and loss of the privileges associated with that registration. Ordinance 09-020 False Alarm Page 7 of 19 F. If an alarm user has six false alarms within a calendar year the person/business responsible for the alarm site shall meet with the appeals officer and provide a false alarm abatement plan to the appeals officer. Section 18. Adopting Spokane Valley Municipal Code 7.20.070: SVMC 7.20.070 is adopted as follows: Section 7.20.070 Only Licensed Alarm Businesses may Initiate Alarm Dispatch Requests Effective January 1, 2010, and thereafter, the department shall respond only to alarm dispatch requests from alarm businesses that possess a valid City of Spokane Valley business registration and control number. Section 19. Adopting Spokane Valley Municipal Code 7.20.080: SVMC 7.20.080 is adopted as follows: Section 7.20.080 Verified Response Required in Certain Circumstances A. Effective January 1, 2010, and thereafter, the department shall respond to the activation of unmonitored security alarm systems, alarm systems monitored by unlicensed security alarm businesses, unregistered alarm systems, and alarm systems with a suspended registration only if independent reporting indicates that a crime is in progress or has been attempted at the involved alarm site (i.e., verified response). 13. No alarm user or alarm business shall presume, anticipate or expect that a police response will result solely from the activation of: 1. Any unmonitored security alarm system; 2. An alarm system monitored by an unlicensed security alarm business; 3. An unregistered alarm system; or 4. An alarm system with a suspended registration. Section 20. Adopting Spokane Valley Municipal Code 7.20.090: SVMC 7.20.090 is adopted as follows: Section 7.20.090 Differentiation and Reporting of Alarm Activations A. Effective January I, 2010, and thereafter, no person shall operate a security alarm system in the City that fails to differentiate burglary/property/intrusion alarm activations from robbery/hold-up/panic/duress alarm activations, or that fails to accurately report such activations independently. B. Effective January 1, 2010, and thereafter, no person shall operate a security alarm system in the City that fails to differentiate police incidents (i.e., burglary/property/intrusion alarm activations, robbery/hold-up/panic/duress alarm activations) from fire, medical or other non-police incidents, or that fails to accurately report such incidents independently. Section 21. Adopting Spokane Valley Municipal Code 7.20.100: SVMC 7.20.100 is adopting as follows: Ordinance 09-020 False Alarm Page 8 of 19 Section 7.20.100 Alarm Dispatch Requests A. Alarm dispatch requests shall be made in the manner prescribed by the alarm administrator and approved by 911 and police dispatch. B. Alarm dispatch requests may include, but are not limited to,the following information: 1. Alarm site registration number. 2. Location of the alarm activation. 3. Type of alarm activation (burglary/property/intrusion/robbery/ panic/hold-up/duress or roll- over/airbag deployment). 4. Alarm business' incident number(or other official incident identifier). 5. Alarm business' assigned control number. C. Alarm dispatch requests made to the department (or its designee) shall be for police incidents only, and shall accurately indicate the type of alarm activation (burglary/property/intrusion, robbery/hold- up/panic/duress)that is the proximate cause for the alarm dispatch request. D.No alarm business shall initiate an alarm dispatch request if it knows, or reasonably should know, that doing so would cause an employee of the City to respond to an alarm site containing a protective/reactive alarm system. E.No dispatch request and subsequent police response to a robbery alarm (as defined in SVMC 7.20.020 may be cancelled by the alarm user. In every case at least one officer shall respond to affirm that the alarm user is not under duress of any kind. Section 22. Adopting Spokane Valley Municipal Code 7.20.110: SVMC 7.20.110 is adopted as follows: Section 7.20.110 Duties of Alarm Installation Company and/or Monitoring Company A. All alarm installation and/or monitoring companies shall ensure that their customer information is updated with the alarm administrator or designee at least monthly. This information shall include: 1. Customer name and contact information(i.e.,all phone numbers); 2. Alarm site address and billing address; 3. Monitoring company name and contact information; and 4. Installation date or date the alarm monitoring ended. 13. All alarm installation and/or monitoring companies shall ensure that an on-site inspection of the operating systems for the alarm system shall occur at least once every three years. The records of these inspections shall be made available to the alarm administrator upon request. C. The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to prevent false alarms. D. Effective January 1, 2010, and thereafter, alarm installation companies shall not program alarm systems so that they are capable of sending one-plus duress alarms. 1. Monitoring companies may continue to report one-plus duress alarms received from alarm systems programmed with one-plus duress alarms prior to January 1, 2010. Ordinance 09-020 False Alarm Page 9 of 19 2. Effective January 1, 2010, and thereafter, when a takeover or conversion occurs, or if an alarm user requests an alarm system inspection or modification pursuant to SVMC 7.20.050, an alarm installation company must remove the one-plus duress alarm capability from such alarm systems. E. Effective January 1, 2010, and thereafter, alarm installation companies shall not install a device to activate a holdup alarm, which is a single action, non-recessed button. F. Effective April 1, 2010, the alarm installation companies shall, on new installations, use only alarm control panel(s)which meet SIA Control Panel Standard CP-01. G. An alarm company shall not use automatic voice dialers which call 911 or the police department. H. After completion of the installation of an alarm system, an alarm installation company employee shall review with the alarm user the customer false alarm prevention checklist established by department policy. I. The monitoring company shall make an alarm dispatch request for a police officer response to a burglar alarm signal, including panic, duress and hold-up signals. A residential alarm user is provided one false alarm response during the first sixty days following an alarm system installation without any charge. J. A monitoring company shall: I. Report alarm activations or signals by using the telephone numbers designated by the alarm administrator; 2. Attempt to verify every burglar alarm signal prior to requesting a police dispatch by making at least two phone calls to the responsible party or parties. This procedure does not apply to duress or hold-up signals; 3. Communicate alarm dispatch requests to the Spokane Valley police in a manner and form determined by the alarm administrator; 4. Communicate cancellations to the Spokane Valley police in a manner and form determined by the alarm administrator; 5. Ensure that all alarm users of alarm systems equipped with duress, hold-up or panic alarm(s) are given adequate training as to the proper use of the duress, hold-up or panic alarm(s). Alarm system training should be provided to every alarm user and/or additional training provided in situations where the alarm user has established a high incident rate of false alarms resulting from unintentional or accidental activation; 6. Communicate any available information (north, south, front, back, floor, etc.) about the • location on all alarm signals related to the alarm dispatch request; 7. Communicate type of alarm activation(silent or audible, interior or perimeter); 8. Provide an alarm user registration number when requesting an officer dispatch; 9. After an alarm dispatch request, promptly advise the Spokane Valley police if the monitoring company knows that the alarm user or the responder is on the way to the alarm site; 10. Attempt to contact the alarm user or responder within twenty-four hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and 11. Effective January 1, 2010, monitoring companies must maintain for a period of at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests. a. Records must include the: i. name, address and telephone number of the alarm user; ii. alarm system zone(s)activated; iii. time of alarm dispatch request; and iv. evidence of an attempt to verify. Ordinance 09-020 False Alarm Page 10 of 19 b. The alarm administrator may request copies of such records for individually named alarm users. c. If the request is made within sixty days of an alarm dispatch request, the monitoring company shall furnish requested records within three business days of receiving the request. d. If the records are requested between sixty days to one year after an alarm dispatch request, the monitoring company shall furnish the requested records within thirty days of receiving the request. K. An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide details as may be reasonably requested by the alarm administrator. Section 23. Adopting Spokane Valley Municipal Code 7.20.120: SVMC 7.20.120 is adopted as follows: Section 7.20.120 Compliance with Monitoring Standards Required All alarm businesses engaged in monitoring alarm systems in the City shall comply with the monitoring standards set forth in SVMC 7.20.110. Section 24. Adopting Spokane Valley Municipal Code 7.20.130: SVMC 7.20.130 is adopted as follows: Section 7.20.130 Alarm Dispatch Request Cancellations A. An alarm dispatch request may be canceled only by the alarm business initiating the request prior to the point the responding police officer reports arrival at the alarm site. B. Alarm dispatch requests may be canceled in accordance with the procedures established by the alarm administrator and approved by 911, police dispatch and by the alarm business making the original request. C. Alarm dispatch requests canceled prior to the police officer's arrival on scene are not subject to false alarm service fees. Section 25. Adopting Spokane Valley Municipal Code 7.20.140: SVMC 7.20.140 is amended as follows: Section 7.20.140 Prohibited Devices A. Effective January 1, 2010, and thereafter, no person shall operate a security alarm system in the City that has a siren, bell or other signal audible from any property adjacent to the alarm site that sounds for longer than five consecutive minutes after the alarm is activated, or that repeats the five-minute alarm cycle more than three consecutive times without resetting. B. Effective January 1, 2010, and thereafter, no person shall operate a security alarm system in the City that is programmed for"one-plus"duress alarms. Ordinance 09-020 False Alarm • Page 11 of 19 Section 26. Adopting Spokane Valley Municipal Code 7.20.150: SVMC 7.20.150 is adopted as follows: Section 7.20.150 Violations A. The following actions constitute unlawful use of a security alarm system: 1. Any person who activates a security alarm system with the intent to report: a. Suspicious circumstances,or b. Any non-criminal incident, or c. A need for fire, medical or other non-police services; or 2. Any person who violates the provisions of SVMC 7.20.090(A) or (B) or SVMC 7.20.140(A) or(B) is subject to cost recovery fee for the improper activation of the security alarm system. B.Nothing in this section shall prevent the installation of a single reporting device for both types of security alarms, fire alarms and medical alarms, provided that such device complies with SVMC 7.20.090 and fire code requirements. Section 27. Adopting Spokane Valley Municipal Code 7.20.160: SVMC 7.20.160 is adopted as follows: Section 7.20.160 Appropriating Public Police Services for Private Purposes Subject to Cost Recovery Fees A. Causing police to engage in a false alarm response constitutes an appropriation of public police services for private purposes and is subject to a cost recovery fee. B. The alarm user is responsible for payment of his registration and cost recovery fees. C. When, in the opinion of the responding officer(s), an alarm dispatch request can be reasonably associated with an actual or attempted criminal offense at the involved alarm site, the alarm is valid and the response is considered a basic police service not subject to cost recovery fees. D. When, in the opinion of the responding officer(s), an alarm dispatch request can be reasonably attributed to an earthquake, hurricane, tornado or other unusually violent act of nature, no cost recovery fee shall be assessed. E. When, in the opinion of the responding officer(s), an alarm dispatch request cannot be reasonably attributed to the conditions described in subsection(C) or(D) of this section, the incident is a false alarm and the police officer response is considered an appropriation of public police services for private purposes that is subject to cost recovery. F. When the responding officer(s) is (are) unable to determine if an alarm is valid or false because of inaccessibility of the alarm site, the response is presumed to be a false alarm response, and is subject to cost recovery fees as set forth in the Master Fee Schedule. Section 28. Adopting Spokane Valley Municipal Code 7.20.170: SVMC 7.20.170 is adopted as follows: Ordinance 09-020 False Alarm Page 12 of 19 Section 7.20.170 Fees for Appropriating Public Police Services for Private Purposes A. The cost recovery fees for appropriating public police services for private purposes are in the City's Master Fee Schedule, pursuant to SVMC 7.20.310. 1. Separate rates may be established for commercial properties and residential properties responses to false burglary/property/intrusion alarms and to false robbery/hold-up/panic/duress alarms. 2. The established rates shall assure that the full cost of police response to false security alarms is recovered by the City. B. Cost recovery fees are assessed based on the response requested. An alarm dispatch request reporting a robbery alarm, for example, is subject to the false alarm penalty fee applicable to robbery false alarm responses, even if the alarm activation should properly have been reported as a burglary alarm. Section 29. Adopting Spokane Valley Municipal Code 7.20.180: SVMC 7.20.180 is adopted as follows: Section 7.20.180 Authorization to Issue Citations and Assess Service Fees A. The alarm administrator is granted a special commission by the chief of police to issue citations pursuant to this chapter. B. The alarm administrator is authorized by the city council to assess costs pursuant to SVMC 7.20.170. Section 30. Adopting Spokane Valley Municipal Code 7.20.190: SVMC 7.20.190 is adopted as follows: Section 7.20.190 Fee Processing A. Alarm businesses contracting with customers to provide monitoring services (or their agents) shall assure that customers residing in the City complete initial registration forms and remit the required registration fee to the City(or its designee) prior to activation of monitoring service. B. All fees are due and payable on receipt. Fees that are unpaid for thirty days or more after the date of initial invoice are considered past due for purposes of this chapter. C. A late fee of ten dollars per month or ten percent of the outstanding balance per month, whichever is greater, may be imposed on past due accounts to cover the cost of processing and collection. Section 31. Adopting Spokane Valley Municipal Code 7.20.200: SVMC 7.20.200 is adopted as follows: Section 7.20.200 Suspension of Registration A. Any alarm user having more than three false alarm responses in any calendar year may, on the event of the fourth such incident, have his alarm registration suspended for ninety days or the balance of the year for which the registration is valid, whichever is greater. B. Any alarm user having annual registration and/or false alarm cost recovery fees past due in any year shall have his registration suspended until all outstanding fees have been paid in full. Ordinance 09-020 False Alarm Page 13 of 19 C. Furnishing false information on an alarm registration application is prohibited. 1. On the first offense of furnishing false information, the alarm administrator shall suspend the alarm user's registration for thirty days. 2. On the second offense of furnishing false information, the alarm administrator shall suspend the alarm user's registration for the remainder of the registration period. Section 32. Adopting Spokane Valley Municipal Code 7.20.210: SVMC 7.20.210 is adopted as follows: Section 7.20.210 False Alarm Awareness Classes A. The alarm administrator shall ensure that the on-line false alarm awareness class is available for those alarm users having four or more false alarm activations in any calendar year. 1. Each alarm user eligible for the class shall by contacted by mail or by phone and asked to take the class. 2. The letter sent in these cases will specify the web page address and the user password to be used that will show that the user has read and passed the class. B. Completion of the false alarm awareness class conducted by the alarm administrator by an alarm user (i.e., the person responsible for operation of a registered alarm system) may serve in lieu of a registration suspension one time per registered alarm site. This shall apply only in cases of the number of false alarm activations, not for non-payment of any assessed registration fees or cost recovery fees for police response to a false alarm. Section 33. Adopting Spokane Valley Municipal Code 7.20.220: SVMC 7.20.220 is adopted as follows: Section 7.20.220 Appeals Cost recovery fees may be appealed to the alarm appeals officer, as follows: A. The appeal process is initiated by the alarm user sending a letter to the alarm appeals officer requesting an appeal conference, that the cost recovery fee be waived, and specifying the reasons for the appeal and submitting the scheduled appeal fee. This letter and appeal fee must be received by the alarm appeals officer within thirty working days after mailing of the initial invoice to the alarm owner. B. Service fees may be appealed only on the grounds that the incident cited as the basis for the service fee was, in fact, not a false alarm response. The alarm user must, in his letter requesting an appeal, describe detailed, credible evidence in his possession that supports the contention that the involved incident was a valid alarm, as described in SVMC 7.20.160(C)or(D). C. The alarm appeals officer may reject requests for appeals that are not supported by detailed, credible evidence of criminal activity or for one of the listed reasons in the City of Spokane Valley false alarm appeal guideline form by the appellant. Notice of rejection of a request for this initial appeal shall be sent to the appellant in writing within ten working days following receipt of the appeal request by the alarm appeals officer. D. Whenever the first appeal is denied, the alarm user may then file a second written appeal requesting an in-person hearing. 1. This request must be received within thirty days from the mailing of the denial of the first level of appeal. Ordinance 09-020 False Alarm Page 14 of 19 2. All hearings shall be heard by an appeals officer appointed by the chief of police. 3. The alarm administrator shall serve as the City's representative in these hearings. The filing of a request for an appeal conference with an alarm appeals officer sets aside any pending service fee or related service suspension/revocation until the alarm appeals officer either rejects the appeal request, as described in subsection (C) of this section, or renders a final decision. E. The alarm appeals officer, on receipt of a request for a hearing, shall conduct an appeal conference within thirty working days after receiving the appeal request. The alarm administrator may also contact the appellant and offer a resolution or modification of the cost recovery fees prior to the scheduled hearing. F. At the conference, the alarm administrator shall present evidence of the City's behalf supporting the case that the applicable cost recovery fees are based on police response to an actual false alarm. The alarm appeals officer shall consider this evidence and any information presented by any interested person(s). 1. Because false alarm responses are based on the professional judgment of the responding officer using the facts known to the officer at the time of the incident, the burden of proof in appeals is on the appellant. 2. The appellant must establish with credible evidence that facts not considered by the officer existed at the time of the incident lead to the reasonable conclusion that the incident involved was a valid alarm, as described in SVMC 7.20.160(C) or(D). 3. The alarm appeals officer shall make his decision based on the presence of such facts and conclusions. G. The alarm appeals officer shall render a decision and notify the appellant and the alarm administrator thereof in writing within twenty working days after the appeal conference is held. The alarm appeals officer may affirm,waive, cancel, or modify the penalty fees or actions that are the subject of the appeal. H. If the alarm appeals officer affirms or modifies the amount of a service fee due, that amount becomes immediately due and payable. 1. Appeal decisions are reviewed and approved by the chief of police prior to becoming official. The official decision of the alarm appeals officer is final, and no further appeals or remedies are available. Section 34. Adopting Spokane Valley Municipal Code 7.20.230: SVMC 7.20.230 is adopted as follows: Section 7.20.230 Authority of Alarm Appeal Officers The following cases shall be within the jurisdiction of the alarm administrator and the alarm appeals officer(s) under the terms and procedures of this chapter: A. Any and all false alarm appeals governed by this chapter. B. Alarm license suspension of any system located within the City or its jurisdiction governed by this chapter. C. Administration of service fees and/or fines related, to or applicable to, any security alarm system authorized by this chapter. Ordinance 09-020 False Alarm Page 15 of 19 } D. Any and all other administrative alarm appeals as they may pertain to security alarm systems located within the City. Section 35. Adopting Spokane Valley Municipal Code 7.20.240: SVMC 7.20.240 is adopted as follows: Section 7.20.240 Alarm Appeals Officer Selection—Qualification and Removal A. The alarm appeals officer(s) shall be appointed by the chief of police. B. The alarms appeals officer(s) shall be appointed solely with regard to their qualifications for the duties of the office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge any other conferred functions. C. The alarm appeals officer(s) may be removed from office by the chief of police. Section 36. Adopting Spokane Valley Municipal Code 7.20.250: SVMC 7.20.250 is adopted as follows: Section 7.20.250 Improper Influence, Conflict of Interest,Appearance of'Fairness A.No City official, elective or appointive, shall attempt to influence the alarm appeals officer in any matter officially before him so as to constitute misconduct of a public office under chapter 42.20 RCW or a violation of the appearance of fairness doctrine. B. The alarm appeals officer(s) shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such conflicts or violations cannot be avoided in a particular case, the alarm appeals officer shall assign an alarm appeals officer as a pro tem to act in his absence. Section 37. Adopting Spokane Valley Municipal Code 7.20.260: SVMC 7.20.260 is adopted as follows: Section 7.20.260 Organization—Rules A. The alarm appeal officer(s) shall be empowered to adopt rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. 1. Such rules may provide for cross examination of witnesses. 2. Further, such rules shall provide for recording of the proceedings and for compliance with the state, federal and City laws which may govern such a proceeding. B. In rendering a decision, the alarm appeals officer(s) is hereby authorized to take judicial notice of all duly-adopted rules, ordinances, standards, plans, regulations and policies of the City and other public agencies. Section 38. Adopting Spokane Valley Municipal Code 7.20.270: SVMC 7.20.270 is adopted as follows: • Ordinance 09-020 False Alarm Page 16 of 19 Section 7.20.270 Exceptions A. The provisions of this chapter shall not apply to temporary alarm systems used by the department or other public law enforcement agencies for investigative or protective purposes. B. Government Facilities. 1. Government facilities as defined in SVMC 7.20.020 are subject to the following special rules: a. Fee Structure: i. Government facilities are subject to annual registration rules (i.e., providing • contact information for the alarm system), but are exempt from payment of the annual registration fees established pursuant to SVMC 7.20.310. ii.No cost recovery fees shall be charged for police response(s)to false alarms at government facilities. b. Government facilities are exempt from having police response suspended. 2. To qualify for the special rules and exemptions under this section, an alarm site must meet the following criteria: a. The site is located within the municipal boundaries of the City; and b. The site meets the criteria as defined in SVMC 7.20.020 "Government Facility." 3. Upon the fourth response to a false alarm in any calendar year, a responsible party for the government alarm site shall meet with the alarm and administrator and present a false alarm abatement plan. 4. The alarm administrator may make any other special rules and exceptions as are deemed necessary to assure that appropriate protection and accountability is maintained at government sites. Section 39. Adopting Spokane Valley Municipal Code 7.20.280: SVMC 7.20.280 is adopted as follows: Section 7.20.280 Special Rules Applicable to Public Schools A. Public schools are subject to the following special rules: 1. Public schools are subject to the following service fee structure: a. Public schools are subject to annual registration rules (i.e., providing information on the alarm system and contact information), but are exempt from paying the annual registration fees applicable to government facilities, as described in SVMC 7.20.270(B). b. No fee is charged for the first false alarm in any calendar year. c. The fee for the second false alarm in any calendar year is waived, provided the site administrator(or designee) successfully completes the on-line false alarm awareness class. d. The third and all subsequent false alarms in any calendar year are charged at the standard service fee rate. 2. Public schools sites are exempt from suspension. B. To qualify for the special rules and exemptions under this section, an alarm site must meet the following criteria: 1. The site is located within the municipal boundaries of the City; and 2. The site is a public school serving children in one or more of grades K-12, owned and operated by the East Valley School District, West Valley School District, Central Valley School District, or School District 81; or 3. The site is a public school site serving children in one or more of grades K-12, owned and operated by East Valley School District, West Valley School District, Central Valley School District, or School District 81. Ordinance 09-020 False Alarm Page 17 of 19 C. The alarm administrator may make any other special rules and exceptions as are deemed necessary to assure that appropriate protection and accountability is maintained at public schools. Section 40. Adopting Spokane Valley Municipal Code 7.20.290: SVMC 7.20.290 is adopted as follows: Section 7.20.290 Confidentiality of Alarm Information A. All information gathered through alarm registrations, activations of false alarms, submission of customer lists by alarm sales, installation or monitoring companies, and/or through the appeals process shall be held in confidence by all employees of the City and its third party administrator, if applicable. Such information is proprietary and is hereby declared confidential. B. Absent special circumstances or court order, no information gathered through alarm registrations, activations of false alarms, submission of customer lists by alarm sales, installation or monitoring companies, and/or through the appeals process shall be released to the public or any other person. C. This information may be released by the alarm administrator to another law enforcement agency, the applicable alarm user and/or his installation or monitoring company upon written request. Section 41. Adopting Spokane Valley Municipal Code 7.20.300: SVMC 7.20.300 is adopted as follows: Section 7.20.300 Scope of Police Duty—Immunities Preserved A. The issuance of an alarm registration does not create a contract between the City and any alarm user, alarm installation company, or monitoring company, nor does it create any duty or obligation, either expressed or implied, on the police department to respond to any alarm activation. B. Any and all liability and/or consequential damage or loss resulting from the failure of the police department to respond to an alarm dispatch request is hereby disclaimed and governmental immunity as provided by law if fully retained. C. By applying for an alarm registration, the alarm user acknowledges that police response to an alarm activation may be impacted by the availability of officers, priority of current calls for service, traffic, weather conditions and staffing levels. Section 42. Adopting Spokane Valley Municipal Code 7.20.310: SVMC 7.20.310 is adopted as follows: Section 7.20.310 Fees for Alarm Registration and False Alarm Enforcement The fees for registration and enforcement shall be determined by separate resolution. Section 43. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Ordinance 09-020 False Alarm Page 18 of 19 Section 44. Effective Date. This Ordinance shall become effective on January 1, 2010, following publication of the ordinance,or a summary thereof, in the official newspaper of the City. Adopted this 22nd day of September, 2009. City of Splig alley if rd M. Muns: , ayor ATTESTA ' / Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: id "0'e.)--.1 Jn Effective Date: January 1,2010 / Ordinance 09-020 False Alarm Page 19 of 19