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Ordinance 03-070 Establishes Alarm Regulations CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO.03-070 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, ESTABLISHING ALARM REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, false alarms require fire and police agencies to use limited financial and personnel resources in an inefficient manner; and WHEREAS, the City Council desires to establish an alarm ordinance to reduce the number of false alarms to which fire and police personnel must respond; NOW THEREFORE, the City Council of the City of Spokane Valley, Washington,ordains as follows: Section 1. Intent. The City of Spokane Valley declares that response to false alarms to be an unnecessary, inefficient use of the limited manpower and other resources of the City Police Department. Therefore, the intent of this Ordinance is to promote more effective and efficient law enforcement services to the public through reduction of the number of responses to false alarms. Section 2. Definitions. In construing the provisions of this Ordinance, except where otherwise plainly declared or clearly apparent from the context, words used in this Ordinance shall be given their common and ordinary meaning and in addition,the following definitions shall apply: (1) "alarm system" means any assembly of equipment, mechanical or electrical, designed to alert law enforcement agencies, the public or any person of the commission or attempted commission of a crime. (2) "alarm user" means any person, business or others entity, which owns or has control over any building,structure or facility where an alarm system is maintained. (3) "authorized service personnel" means those persons who, by reason of their experience, training or occupation, can demonstrate to the City Police that they are qualified to inspect and repair alarm systems. (4)"false alarm" means the intentional or unintentional activation of any alarm system that elicits a response from the City Police Department when no criminal act has been committed or attempted. The causes of false alarms include, but are not limited to, the following: 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. (5) "intentional" means an act done by intention. A person acts with intent or intentionally when he or she acts with the object or purpose to accomplish a particular result. Section 3. Prohibited equipment--Automatic dialing device. Any alarm system designed to alert any law enforcement agency of an emergency by providing unattended automatic dialing to 911 or any public telephone number of a law enforcement agency for the purpose of transmitting a preprogrammed signal, message or code shall be prohibited. - 1 - • Section 4. Required equipment —Standby power backup source. All alarm systems shall have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the backup source must occur in a manner that does not activate the alarm. Section 5. Audible alarms — Time limit. It shall be unlawful to operate an audible alarm system which does not shut off within a maximum of thirty minutes from the time of activation. Shutoff may be accomplished either with an automatic cutoff or by manual operation. If the alarm system has an automatic cutoff with a rearming phase, the rearming phase must be able to distinguish between an open and closed circuit and if the circuit is broken,the system will not rearm. Section 6. Emergency response information. (I)No person or business shall maintain an alarm system unless: (A) There is a list filed with the City Police Department of the telephone numbers at which the person or persons authorized to enter the premises where the alarm is located and turn off the alarm can be reached at all times;or (B) Such a list is filed with a monitoring service and a twenty-four hour telephone number for that service is provided to the City Police Department or clearly displayed outside the premises where the alarm is located. (2) Upon notification by the City Police Department that a person's presence is required, the alarm user or their representative shall promptly proceed to the scene of the alarm within a reasonable period of time and render necessary service. Such service, when necessary, shall include turning off the alarm and/or opening the alarmed premises so a search can be made. (3) Circumstances that may require the alarm user's presence include, but are not limited to: continual malfunction of an alarm system which causes repeated false alarms over a short period of time; evidence at the alarmed premises indicating a crime was committed or attempted and further investigation is necessary; or the premises is not or cannot be, properly secured. Section 7. False alarms prohibited—Penalties. (1)No alarm user shall cause or allow a false alarm. (2) The intentional activation of a burglary or robbery alarm system for the purpose of summoning the City Police Department for other than an actual burglary or robbery or a life-threatening emergency situation, shall be punishable as a misdemeanor. (3) False alarms from the same location within a six-month period shall be subject to the fees schedule set forth in the Spokane Valley Master Fee Schedule, Fire Code Fees. This ordinance provides new regulatory authority in Spokane Valley. Therefore, upon the adoption of this ordinance, no alarm user will be considered to have any previous violations subject to increased penalty levels under the Master Fee Schedule. (4) Hearing on notices of infraction issued pursuant to Section 8(3) shall be heard by the Spokane County District Court pursuant to RCW 7.80.010. The procedures for issuance of a notice of infraction, hearings, assessment and payment of monetary penalties, shall be in accordance with the provisions of RCW 7.80. - - Section 8. Enforcement—Policies. (1) The provisions of this Ordinance shall be administered and enforced by the City Police Department. The City Police Department is authorized to make and enforce such rules and regulations as are necessary to implement the provisions of this Ordinance. Copies of the rules and regulations promulgated under this Ordinance shall be available to the public at the City Police Department and/or at City Hall. (2) In addition to imposing the penalties set forth in Section 7, the City Police Department may utilize the following procedures and practices to reduce false alarms: (a) On the first false alarm within a six-month period, the alarm user may be required to provide certain information when an alarm is received from an alarm system under his or her control.This information may include: (i)The cause of the alarm; (ii)Any corrective action taken; (iii) Whether or not the alarm system had been inspected and/or repaired and the name and address of the person performing the repairs. (b) On the second false alarm within a six-month period, the alarm user shall submit a written report as provided in the previous subsection. In addition, the City Police Department may require inspections of the alarm system by authorized service personnel at the alarm user's expense; and the City Police Department may prescribe corrective action to be taken as the result of the inspection. (c)On the third or subsequent false alarm within a six-month period,the alarm user shall submit a written report as provided in the previous subsections. The City Police Department may require inspections of the alarm system by authorized service personnel at the alarm user's expense; and the City Police Department may prescribe corrective action to be taken as the result of the inspection. In addition: (i) The City Police Department may assign a lower response priority or not respond at all, to alarms received from the alarm system; (ii) The City Police Department may order that an alarm system be disconnected; provided, that no alarm system required by law shall be ordered disconnected. Notice shall be given to the alarm user at least forty-eight hours prior to the required disconnection if the names) of the alarm user(s) have been provided to the City Police Department. Failure to furnish the name(s) of the alarm user(s) shall constitute a waiver of this notice requirement; and (d) If the policies of ordering alarm systems disconnected and/or no response by the City Police Department are implemented, provisions shall be made for allowing the alarm system to be reconnected and response reinstated if the alarm user satisfactorily shows that the cause(s)of the previous false alarms has(have)been identified and corrected. (i)Once reconnected,the alarm system shall be on probationary status for a set period of time not to exceed six months. - 3 - • (ii) If the repeated instances of false alarms continue during the probationary period, the alarm system may again be ordered disconnected and the policy of no response may be invoked. Section 9. Misdemeanor. The violation of subsection 7(2) shall constitute a misdemeanor, punishable by imprisonment in jail for up to ninety days or by a fine of not more than one thousand dollars or by both such fine and imprisonment. Section 10. Distribution of funds. All funds collected from fees imposed under this Ordinance shall be distributed the City General Fund. Section 11. Severability. If any provision of this Ordinance is held invalid, the remainder of the Ordinance is not affected. Section 12. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed on this 22nd day of July, 2003. Mayor,Michael DeVI ing ATT • i City Clerk, Christine Bainbridge I� Approved As To Form: lnteri 'City �'�or ey, Stanley► . Schwartz Date of Publication: 7-a.6 -L3 Effective Date: °7-* 3/-d - 4 -