Chapter 9.70
FALSE ALARMS1
Sections:
9.70.030 Fees and corrective action.
9.70.040 Interest charged on late fees.
9.70.050 Administrative decisions, notice.
9.70.060 Appeal from administrative decision, finality.
9.70.010 Purpose.
It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including fees and criminal penalties. [Ord. 1468 § 1 (Att. A), 2014.]
9.70.020 Definitions.
In this chapter, unless a different meaning plainly is required:
A. “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.
B. “False alarm” includes the activation of a fire, burglary and/or robbery alarm by other than a fire, forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery on the premises and at the time when no fire, robbery, burglary or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises. [Ord. 1468 § 1 (Att. A), 2014.]
9.70.030 Fees and corrective action.
A. Police. Each and every burglary alarm requiring a response within the city of Leavenworth shall be allowed two false alarms during any calendar year. Thereafter, each false alarm shall be assessed a $75.00 service fee.
B. Fire. Each and every false alarm requiring a response within the city of Leavenworth shall be allowed one false alarm during any 30-day period. Thereafter, each false alarm in said 30-day period shall be assessed a service fee of $75.00.
C. Audible Alarm. Any alarm audible upon abutting property for a period in excess of 20 minutes is declared to be a public nuisance and may be summarily abated by the police or fire department.
D. After the third false alarm within any calendar year the chief law enforcement officer at their discretion may order the person having or maintaining the 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.
E. Ten days prior to installation, testing and/or maintenance of an alarm system which may trigger a false alarm, the property owner shall provide notice to the chief code enforcement officer of Leavenworth. Double fees for every false alarm shall be assessed for failure to provide such notice. [Ord. 1468 § 1 (Att. A), 2014.]
9.70.040 Interest charged on late fees.
Payment of service fees is due within 30 days. If payment of any fee due under this chapter is not received by the city of Leavenworth finance department by the due date, the unpaid balance shall bear interest thereon from the date such payment was due to the date of receipt of payment at the rate of 12 percent per annum. [Ord. 1468 § 1 (Att. A), 2014.]
9.70.050 Administrative decisions, notice.
Notice of imposition of any administrative sanction, including the imposition of a fee, under the provisions of this chapter shall be given to the person having or maintaining a burglary, fire, and/or robbery alarm on premises owned or occupied by him; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises. [Ord. 1468 § 1 (Att. A), 2014.]
9.70.060 Appeal from administrative decision, finality.
Any person subject to the imposition of a fee or other administrative sanction under the terms of this chapter shall have a right of appeal therefrom to the city hearing examiner. Unless notice of appeal is filed with the city clerk within 10 days of receipt of notice of imposition of an administrative sanction, said sanction is deemed to be final. [Ord. 1468 § 1 (Att. A), 2014.]
Code reviser’s note: Section 2 of Ordinance 1468 provides: “This ordinance shall be in effect on July 1, 2014 in accordance with law.”