HomeMy WebLinkAbout3356ORDINANCE NO. '5356
AN ORDINANCE of the City of Port Angeles, Washington, regulating
emergency alarms, establishing fees for monitoring emergency
alarms, and adding a new Chapter 9.50 to the Port Angeles Municipal
Code.
WHEREAS, the Port Angeles City Council finds that false emergency alarms occurring
within the City cause an unnecessary expenditure of valuable resources and that administrative
fees for false alarms should be imposed to cover the City's response costs and lessen the number
of such alarms, as well as to encourage alarm owners to maintain alarms in proper working
order; and
WHEREAS, the Port Angeles City Council further finds that it is necessary to recover
the costs incurred in monitoring emergency alarms; and
WHEREAS, this Ordinance is in the interest of the public health, safety and welfare.
NOW, THEREFORE, the City Council of the City of Port Angeles do ordain as follows:
Section 1. There is hereby added to the Port Angeles Municipal Code a new Chapter
9.50 entitled "Emergency Alarms" to read as follows:
Chapter 9.50
EMERGENCY ALARMS
Sections:
9.50.010 Purpose.
9.50.020 Definitions.
9.50.030 Emergency Response Card.
9.50.040 Audible Alarms - Nuisance.
9.50.050 Fees - Corrective Actions - Disconnection.
9.50.060 Assessment of Fees.
9.50.070 Hearing - Default.
9.50.080 Payment of Fees Required.
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9.50.090
9.50.100
9.50.110
9.50.120
Automatic Dialing Device - Certain Interconnections Prohibited.
Automatic Reset Required.
Tampering with Alarm Systems.
False Alarms - Penalties.
9.50.010 Purpose. It is the intent of this chapter to reduce the number of false alarms
occurring within the City of Port Angeles and the resulting waste of City resources, to reduce
the dangers inherent in emergency response, and to provide for corrective administrative action,
including fees and potential disconnection and criminal penalties.
9.50.020 Definitions.
A. "Automatic dialing device" means a device which is interconnected and is
programmed to select predetermined telephone number and transmit by voice message or code
signal an emergency message indicating a need for an emergency response.
B. "Emergency alarm / emergency alarm system." An emergency alarm system is
an alarm system incorporated into a residence or commercial structure that delivers some kind
of message indicating an emergent situation, whether that be an intrusion, a crime in progress,
a fire, or some other event requiring an immediate public safety response. Emergency alarm
characteristics typically include some or all of the following: The system may comprise a central
control unit which is directly or indirectly connected to every other component of the emergency .
alarm system. The central control unit may trigger and stop a visual, audible, or electronic alarm
enerator, either simultaneously or separately, upon receiving signals from other components of
the emer enc alarm s stem. A . ortable control element and a si nal- eneratin detection ma
be used for starting and stopping the central control unit, which in turn triggers a power supply
means to cause a change, through the visual alarm generator, in color of a visible outdoor board
and to commence, through the audio alarm generator, an alarm. A hidden sensing circuit can
serve as the signal - generating detection means.
C. "False alarm" means the activation of an emergency alarm at a time when no
event involvin a foreseeable risk of rievous bodil harm is occurrin or about to occur u . on
the premises. "False alarm" further includes the activation of an other emer enc assistance
re . uest device at an
time when there is no foreseeable risk of
rievous bodil harm to an
person upon the premises or property damage upon the premises from which said alarm is
activated. Lifeline alarms and similar medical alert devices designed to allow persons living
alone to summon medical assistance are specifically exempted.
D. "Fire Chief" includes the Fire Chief of the City of Port Angeles and /or designee.
E. "Interconnect" means to connect an alarm system, including an automatic dialing
device, either directly or through a mechanical device for the purpose of transmitting a messa ' e
upon the activation of an alarm system.
F. "Owner" means the . erson havin or maintainin ' the alarm on
and/or occupied by that person.
G. "Person" means an natural . erson
uninco • orated association or socie
or
co
artnershi
oint
remises owned
stock com
an
oration of
an
character whatsoever.
H. "Police Chief" includes the Police Chief of the City of Port Angeles and /or
designee.
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I. "Response" shall be deemed to have occurred when the Police Department or
Fire Department begins to proceed towards the premises as the result of an activation of an
alarm. J. "Service," or its derivatives, shall be construed to mean personal service or
service by certified mail, return receipt requested.
9.50.030 Emergency Response Card. It is unlawful, and shall be declared a
misdemeanor, to have or maintain on any premises an emergency alarm or alarm system unless
there is on file with the Port Angeles Police Department an emergency response card containing
the name(s), address(es) and current telephone number or numbers of person(s) authorized to
enter said premises and turn off any alarm. Such emergency response card shall be in such form
as prescribed by the Chief of Police or Fire Chief.
9.50.040 Audible Alarms - Nuisance. Any alarm audible on abutting property is hereby
declared to be a public nuisance and may be abated by the Police Chief or Fire Chief. Either
Chief may abate an emergency alarm system as a public nuisance in any of the following
circumstances:
A. If the subscriber fails to disable or disconnect a emergency alarm system for
which a previous registration has been revoked or for which a previous registration has been
conditioned and the conditions have not been fulfilled.
B. An emergency alarm system which has not been registered under this ordinance.
C. An emergency alarm system which does not meet the operational standards for
alarm systems set forth in Sections 9.50.090 and 9.50.100, or any other standards mandated by
this ordinance.
D. An emergency alarm system which has given false alarms exceeding six (6) in any
given calendar year.
E. An emergency alarm system for which a registration has lapsed and the alarm
system is still in operation.
9.50.050 Fees - Corrective Actions - Disconnection. For City response to any false
emergency alarms, the City of Port Angeles is, at the discretion of the Police Chief or the Fire
Chief (as appropriate), entitled to recover fees from the owner as follows:
A. For a response to premises at which no other false alarm has occurred within the
. roceedin: one hundred eighty (180) day period, hereinafter referred to as a "first response," no
fee shall be charged.
B. U.on a second response to the .remises within 180 da
Ci shall be entitled to assess a
50.00 fee.
s after a first res
onse
the
The owner of the alarmed
remises shall re.ort to
the Police Chief or Fire Chief, as appropriate, in writing:
1. The cause for such false alarm;
2. The corrective action taken;
3. Whether and when such alarm has been inspected by authorized service
personnel; and
4. Such other information as the Chief of Police or Fire Chief may
reasonably require to determine the cause of the false alarm and corrective action taken. The
Chief of Police or Fire Chief ma also direct the owner to have authorized . ersonnel ins . ect and
correct defects in the alarm system, at owner's expense.
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C. For a third response to the premises within 180 days after a second response, the
City of Port Angeles shall be entitled to assess a fee of $100.00. If said third false alarm or any
succeeding false alarm occurs as a result of failure to take necessary corrective action, the Police
Chief or the Fire Chief may order the owner to disconnect such alarm until such time as
verification of corrective action is provided to the Police Chief or Fire Chief; provided, however,
that no disconnect shall be ordered for any premise required by law or regulation to have an
alarm system in operation.
D. In the event the Police Chief or Fire Chief determines that a false alarm occurred
as a direct result of an interruption of electrical power, a telephone line malfunction, or a
malfunction of the alarm equipment clearly beyond the control of the owner of the premises the
City may waive its claim for fees. Such waiver is at the sole discretion of the Police Chief or
Fire Chief, as appropriate.
E. After 4 or more false alarms in a 12 month period, the Police Chief or Fire Chieft
may suspend emergency response to alarms initiated by an automatic dialing device.
9.50.060 Assessment of Fees. A statement setting forth the fees due under this chapter
or an order of disconnection under the provisions of this chapter shall be served upon the person
having or maintaining the alarm on premises owned or occupied by them. With respect to
business premises, the owner, manager, or chief administrative agent regularly assigned and
employed on the premises at the time of the occurrences of a false alarm shall be presumed to
be the person having or maintaining said alarm on said business premises.
9.50.070 Hearing - Default. Unless a written request for hearing is served upon the City
Manager within fifteen (15) days of service of the statement described in Section 060 above, the
fees assessed in such statement shall become final.
9.50.080 Payment of Fees Required. The City Manager may authorize the City Attorne
to collect the fees by appropriate legal action, and in connection with any proceeding to collect
fees, the owner, in addition to the fee imposed by this chapter, shall be responsible for reasonable
attorneys fees and court costs.
9.50.090 Automatic Dialing Device - Certain Interconnections Prohibited.
A. It is unlawful for an.erson to ro ram an alarm automatic dialin• device to
select an tele • hone line assi ned to the Cit
to fail to disconnect or re ro ram such device within twelve
of Port An
eles and it is unlawful for an
12 hours of recei
erson
t of written
notice from the Cit to disconnect or re
be
ro ram the automatic dialin
device. Automatic dialin
devices may pro g
to receive such calls.
B. Within sixty (60) days after the effective date of the ordinance codified in this
existin automatic dialin • devices • ro rammed to select a tele hone line assi ned
grammed to dial commercial or p
rivate entities who have
a reed in advance
cha
ter
all
in the City shall be reprogrammed and /or disconnected.
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9.50.100 Automatic Reset Required. Within sixty (60) days after the effective date of
the ordinance codified in this chapter, all alarms maintained on any premises in the City shall
have an automatic reset device which will deactivate the alarm after fifteen (15) minutes of
continuous operation. Any owner failing to install such an automatic reset device as required
in this section shall be guilty of a misdemeanor.
9.50.110 Tampering with Alarm Systems.
A. Tampering. It shall be unlawful and a misdemeanor for any person to tamper with
or to cut, break, deface, or actuate any alarm device, wires, wires support or appurtenances
thereto or to intentionally transmit an alarm knowing no emergency exists. A person violating
this section may be punished in such manner as provided for misdemeanors with a fine of up to
$1,000, or confinement to jail for up to 90 days, or both.
B. Exception. Subsection (A) of this section shall not apply to City employees
engaged in their official duties. Subsection (A) of this section further shall not apply to any
competent representative of a manufacturer of burglary alarm equipment or alarm service
company who, with the consent of the City, is modifying, adjusting, altering, or repairing, or
replacing an alarm system or any of its component equipment; provided, that notice shall have
first been provided to the City of Port Angeles.
C. Subsection (A) of this section shall further not apply to any competent insurance
rating engineer who is testing any system in discharge of his duties, with the consent of the City.
D. Any person doing any work on an alarm system or auxiliary alarm system that
may cause a signal to be transmitted to the City over any alarm system or network, shall notify
the City before such work stating the time and place thereof.
9.50.120 False Alarms - Penalties. Any person who shall intentionally give, make or
turn in a false alarm, or of the need for police, fire, ambulance, or other emergency assistance,
knowing such alarm to be false, or making the same with reckless disregard to the true
conditions, and any person aiding or abetting another in the commission of such act, shall be
guilty of a misdemeanor and may be punished in such manner as provided for misdemeanors
with a fine of up to $1,000, or confinement to jail for up to 90 days, or both.
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 3 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
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Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five days after its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 61-h day of January, 2009.
L4.,.4 A i `rd
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ATTEST: APP VED AS TO FORM:
r1
Becky J. . on, ity Cler William E. Bloor, City Attorney
PUBLISHED: January 1.1 , 2009
By Summary
G:\Legal_Backup \ORDINANCES &RESOLUTIONS \ORDINANCES.2008'31 - Security Alarms.090408.wpd
December 31, 2008
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on January 6, 2009
Ordinance No. 3355
This Ordinance of the City of Port Angeles, Washington, revises Chapter 3.42 of the Port
Angeles Municipal Code relating to Public Works and Utilities Department Treatment Plant
Operating and Maintenance Fund.
Ordinance No. 3356
This Ordinance of the City of Port Angeles, Washington, regulates emergency alarms,
establishes fees for monitoring emergency alarms, and adds a new Chapter 9.50 to the Port
Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days following the date of publication by summary.
Becky J. Upton, MMC
City Clerk
Publish: January 11, 2009