Chapter 7.20
ALARM SYSTEMS

Sections:

7.20.010    Intent.

7.20.020    Definitions.

7.20.030    Administration and funding.

7.20.040    Responsibilities of alarm users.

7.20.050    Alarm installation companies required to have a valid City business registration.

7.20.060    Verified response required in certain circumstances.

7.20.070    Differentiation and reporting of alarm activations.

7.20.080    Alarm dispatch requests.

7.20.090    Duties of alarm installation company and/or monitoring company.

7.20.100    Alarm dispatch request cancellations.

7.20.110    Prohibited devices.

7.20.120    Violations.

7.20.130    Appropriating public police services for private purposes subject to false alarm response cost recovery fees.

7.20.140    Authorization to issue citations and assess service fees.

7.20.150    Fee processing.

7.20.160    Suspension.

7.20.170    Mitigation and appeals.

7.20.180    Authority of alarm administrator.

7.20.190    Alarm administrator selection – Qualification and removal.

7.20.200    Improper influence, conflict of interest, appearance of fairness.

7.20.210    Exceptions.

7.20.220    Special rules applicable to public schools.

7.20.230    Confidentiality of alarm information.

7.20.240    Scope of police duty – Immunities preserved.

7.20.250    False alarm response cost recovery fees.

7.20.010 Intent.

A. The City regulates security alarm businesses to ensure that responses to false alarms do not diminish the availability of police services to the general public and to ensure 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 Chapter 7.20 SVMC 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 Chapter 7.20 SVMC 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 Chapter 7.20 SVMC. Chapter 7.20 SVMC 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 Chapter 7.20 SVMC, 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. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 12, 2009).

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, hear and decide appeals, and levy false alarm response cost recovery fees pursuant to Chapter 7.20 SVMC.

“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”).

“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 a security alarm system in an alarm site.

“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 user” means any person, firm, partnership, corporation, or other entity who/which:

1. Controls a security alarm system at an alarm site; and

2. Is financially responsible for the operation of a security alarm system.

“Alarm user” may mean more than one person, if more than one person has accepted financial responsibility for operation of a security alarm system.

“Burglary 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 E911 system or to any other police telephone.

“Chief” means the chief of police of the City 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.

“Enhanced call verification” means an independent method whereby the alarm monitoring company attempts to determine that a signal from an automatic security alarm system reflects a need for immediate police assistance or investigation. This verification process shall be conducted by the security alarm system monitoring personnel and shall consist of making at least two phone calls to the responsible party or parties prior to requesting a police dispatch.

“False alarm response” means police department response to an alarm dispatch request by a commissioned officer of the police 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 having 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:

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.

“False alarm response cost recovery fee” means the cost for police responding to an alarm call in which the alarm is determined to be a false alarm. The fee is revenue neutral and recovers only costs associated with responding to the call, invoicing, payment processing, and program administration. This fee is not punitive.

“Government facility” means any alarmed location where the primary owner, operator, renter, or lessee is the City, county of Spokane, state of Washington, or agency of the United States government. A public school facility is not a government facility.

“Monitoring” means the process an alarm business uses to:

1. Keep watch on security alarm systems;

2. Receive alarm activation signals from security alarm systems;

3. Verify alarm activations;

4. Relay alarm dispatch requests to the police 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” if entered as “123X” – where “X” is not “4” – automatically activates the duress alarm feature).

“Person” means an individual, corporation, partnership, association, organization or similar entity.

“Police department” means the Spokane Valley police department.

“Protective/reactive alarm system” means a security 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” 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 which have specialized units or subsidiaries that monitor only their own security alarm systems.

“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 is being attempted at the alarm site.

1. It includes only the equipment located at the alarm site when a system is connected to an alarm system monitoring company.

2. It does 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. It does not include personal alert devices worn on a person’s body that are primarily designed as an alert of a medical condition or other types of alarms such as car alarms.

“Subscriber” means an alarm user who is a customer of an alarm monitoring company.

“Suspend” (“suspension”) means the temporary loss for an alarm user of police response to an alarm activation.

“Unmonitored alarm system” means a security alarm system that is not actively monitored by an alarm business which has a function to evoke police response solely by means of a generally audible and/or visible signal.

“Verified response” means a police response that is based on information received from a person physically present at 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. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 13, 2009).

7.20.030 Administration and funding.

A. The chief of police shall be responsible for administration of Chapter 7.20 SVMC.

B. The chief of police shall designate an alarm administrator to carry out the duties and functions described in Chapter 7.20 SVMC.

C. Money generated by false alarm response cost recovery fees shall be paid into the City’s general fund.

D. The alarm administrator shall conduct an annual evaluation and analysis of the effectiveness of Chapter 7.20 SVMC and identify and implement appropriate system improvements. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 14, 2009).

7.20.040 Responsibilities of alarm users.

A. Each alarm user shall be responsible for ensuring that his security alarm system is used properly and pursuant to the manufacturer’s directions and the law. Inherent in this responsibility is ensuring that all persons with access to the security alarm system shall be properly trained on correct use of the system and are authorized to cancel accidental activations, and ensuring that procedures and practices are followed that minimize the risk of false alarms.

B. Each alarm user shall be responsible for keeping his security alarm system properly maintained and in good working order.

C. Each alarm user shall be financially responsible for paying false alarm response cost recovery fees when police respond to false alarms from his alarm site. If the alarm user does not want a police response for alarm activations, it shall be the alarm user’s responsibility to instruct the alarm monitoring company not to request police response without specific authorization by the alarm user.

D. Failure to comply with SVMC 7.20.040(A) through (C) may lead to suspension of police response to alarm dispatch requests.

E. If an alarm user has six false alarms within a calendar year, the person/business responsible for the alarm site may be required to meet with and provide a false alarm abatement plan to the alarm administrator. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 17, 2009. Formerly 7.20.060).

7.20.050 Alarm installation companies required to have a valid City business registration.

All alarm businesses shall have a current and valid City business registration. Companies that provide monitoring services, but which do not install systems and are not located within the City limits, are exempt from City business registration requirements. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 18, 2009. Formerly 7.20.070).

7.20.060 Verified response required in certain circumstances.

A. The police department may respond to the activation of unmonitored security alarm systems, and security alarm systems with a suspended status only if independent reporting indicates that a crime is in progress or has been attempted at the involved alarm site.

B. 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 alarm system; or

2. A security alarm system in suspended status. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 19, 2009. Formerly 7.20.080).

7.20.070 Differentiation and reporting of alarm activations.

A. No person shall operate a security alarm system in the City that fails to differentiate burglary alarm activations from robbery activations, or that fails to accurately report such activations independently.

B. No person shall operate a security alarm system in the City that fails to differentiate police incidents (i.e., burglary activations, robbery activations) from fire, medical, or other non-police incidents, or that fails to accurately report such incidents independently. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 20, 2009. Formerly 7.20.090).

7.20.080 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 shall include, but are not limited to, the following information:

1. Location of the alarm activation.

2. Type of alarm activation (burglary or robbery).

3. Alarm business’s incident number (or other official incident identifier).

4. Name and contact phone number of the alarm user.

5. Alarm zone information, including sensor type and location.

C. Alarm dispatch requests made to the police department (or its designee) shall be for police incidents only, and shall accurately indicate the type of alarm activation (burglary or robbery) 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 a law enforcement officer to respond to an alarm site containing a protective/reactive alarm system.

E. No dispatch request and subsequent police response to a robbery alarm pursuant to 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. (Ord. 17-001 § 1, 2017; Ord. 10-003 § 3, 2010; Ord. 09-020 § 21, 2009. Formerly 7.20.100).

7.20.090 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 at least monthly. This information shall include:

1. Customer name and contact information, including 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.

B. The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of their security alarm systems. Such instructions shall specifically include all instructions necessary to turn the security alarm system on and off and to prevent false alarms.

C. Installation or use of a robbery alarm which is a single action, nonrecessed button is prohibited.

D. Alarm installation companies shall, on new installations, use only alarm control panel(s) which meet SIA Control Panel Standard CP-01.

E. Automatic voice dialers which call 911 or the police department are prohibited.

F. After completion of the installation of a security alarm system, an alarm installation company employee shall review with the alarm user the customer false alarm prevention checklist established by police department policy.

G. A monitoring company shall:

1. 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 shall not apply to robbery alarm signals;

3. Communicate alarm dispatch requests to the police department in a manner and form determined by the alarm administrator;

4. Communicate cancellations to the police department in a manner and form determined by the alarm administrator;

5. Ensure that all alarm users of security alarm systems equipped with robbery alarm(s) are given adequate training as to the proper use of the robbery alarm(s);

6. Communicate any available alarm zone 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. After an alarm dispatch request, promptly advise the police department if the monitoring company knows that the alarm user or the responder is on the way to the alarm site;

9. Attempt to contact the alarm user or responder within 24 hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and

10. Shall maintain, for at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests.

a. Records include the:

i. Name, address, and telephone numbers of the alarm user;

ii. Security alarm system zone(s) activated;

iii. Time of alarm dispatch request; and

iv. Evidence of an attempt to verify.

b. The alarm administrator may request copies of such records for individually named alarm users.

c. If the request is made within 60 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 60 days to one year after an alarm dispatch request, the monitoring company shall furnish the requested records within 30 days of receiving the request. (Ord. 17-001 § 1, 2017; Ord. 10-003 § 4, 2010; Ord. 09-020 § 22, 2009. Formerly 7.20.110).

7.20.100 Alarm dispatch request cancellations.

A. An alarm dispatch request may be canceled only by the alarm business initiating the request prior to the time the responding police officer reports arrival at the alarm site.

B. Alarm dispatch requests may be canceled pursuant to 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 shall not be subject to false alarm service fees. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 24, 2009. Formerly 7.20.130).

7.20.110 Prohibited devices.

A. No person shall operate an 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. This limitation is subject to noise restrictions pursuant to SVMC 7.05.040(L).

B. No person shall operate an alarm system in the City that is programmed for one-plus duress alarms. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 25, 2009. Formerly 7.20.140).

7.20.120 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 noncriminal incident; or

c. A need for fire, medical or other non-police services.

2. Any person who violates SVMC 7.20.070(A) or (B), or SVMC 7.20.110(A) or (B), shall be subject to a cost recovery fee for the improper activation of the security alarm system.

B. Chapter 7.20 SVMC shall not 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 7.20.070 and applicable fire code requirements. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 26, 2009. Formerly 7.20.150).

7.20.130 Appropriating public police services for private purposes subject to false alarm response cost recovery fees.

A. Causing the police department to engage in a false alarm response constitutes an appropriation of public police services for private purposes and is subject to a false alarm response cost recovery fee.

B. The alarm user shall be responsible for payment of his false alarm response cost recovery fees.

C. When, in the opinion of the responding officer(s), an alarm dispatch request may 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 false alarm response cost recovery fees.

D. When, in the opinion of the responding officer(s), an alarm dispatch request can be reasonably attributed to an earthquake, tornado, wind storm, or other unusually violent act of nature, no false alarm response cost recovery fee shall be assessed.

E. During the first 60 days following a security alarm system installation, a residential alarm user shall be provided one false alarm response without any charge.

F. When, in the opinion of the responding officer(s), an alarm dispatch request cannot be reasonably attributed to the conditions pursuant to SVMC 7.20.130(C) or (D), the incident shall be deemed a false alarm and the police officer response shall be deemed an appropriation of public police services for private purposes that is subject to a false alarm response cost recovery.

G. 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 a false alarm response cost recovery fee pursuant to the master fee schedule. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 27, 2009. Formerly 7.20.160).

7.20.140 Authorization to issue citations and assess service fees.

A. The alarm administrator shall be granted a special commission by the chief of police to issue citations pursuant to Chapter 7.20 SVMC, but citations shall not be issued for false alarms as an alternative to false alarm response cost recovery fees.

B. The alarm administrator is authorized to assess costs pursuant to SVMC 7.20.250. (Ord. 17-001 § 1, 2017; Ord. 12-005 § 1, 2012; Ord. 09-020 § 29, 2009. Formerly 7.20.180).

7.20.150 Fee processing.

A. Alarm businesses contracting with customers to provide monitoring services, including their agents, shall ensure that customers residing in the City are provided information on the City’s false alarm response cost recovery fees in the event of a false alarm.

B. All fees are due and payable on receipt. Fees that are unpaid for 60 days or more after the date of initial invoice are considered past due and subject to suspension of police response to alarm activations. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 30, 2009. Formerly 7.20.190).

7.20.160 Suspension.

A. Any alarm user having more than three false alarm responses in any calendar year may, on the event of the fourth such incident, be suspended from receiving police response for alarm calls for service for 90 days.

B. Any alarm user having false alarm response cost recovery fees 60 days past due in any year shall be suspended from receiving police response for alarm calls for service until all outstanding fees have been paid in full. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 31, 2009. Formerly 7.20.200).

7.20.170 Mitigation and appeals.

A. Mitigation of Fees. False alarm response cost recovery fees may be mitigated in certain circumstances as follows:

1. The mitigation process shall be initiated by the alarm user contacting the alarm administrator in person, by mail, or by phone and identifying any mitigating circumstances pertaining to the incident resulting in the false alarm. This request shall be received by the alarm administrator within 30 calendar days after mailing of the initial invoice to the alarm owner. Failure to comply with this 30-day requirement shall render any mitigation request untimely and therefore void. A request to mitigate the fees shall not toll the 30-day appeal period pursuant to SVMC 7.20.170(B).

2. The alarm administrator is authorized to mitigate the false alarm response cost recovery fee by up to 25 percent if, in the alarm administrator’s discretion, the facts and circumstances warrant mitigation. If mitigation is approved, the alarm user waives any further right to appeal.

B. Appeals of False Alarm Response Cost Recovery Fees. False alarm response cost recovery fees may be appealed to the alarm administrator, as follows:

1. The appeal process shall be initiated by the alarm user sending a letter to the alarm administrator requesting that the false alarm response cost recovery fee be waived, and specifying the reasons for the appeal. This letter shall be received by the alarm administrator within 30 calendar days after mailing of the initial invoice to the alarm owner. Failure to comply with this 30-day requirement shall render any appeal untimely and therefore void.

2. False alarm response cost recovery fees may be appealed only on the grounds that the incident cited as the basis for the false alarm cost recovery fee was, in fact, not a false alarm response or that the alarm was activated due to an extreme weather event or a natural disaster. Human error or mechanical/electronic failure of the security alarm system are not valid reasons for appeal. The alarm user shall, in his letter requesting an appeal, describe detailed, credible evidence in his possession that supports the assertion that the incident was a valid alarm pursuant to SVMC 7.20.130(C) or (D) an alarm activation due to an extreme weather event or natural disaster.

3. The alarm administrator may reject requests for appeals that are not supported by detailed, credible evidence of criminal activity or extreme weather events or natural disasters. Notice of rejection of a request for this initial appeal shall be sent to the appellant in writing within 10 calendar days following receipt of the appeal request by the alarm administrator.

4. The alarm administrator may affirm or waive the false alarm response cost recovery fees or actions that are the subject of the appeal.

C. If the alarm administrator affirms or modifies the amount of a false alarm response recovery fee due, that amount becomes immediately due and payable. A record of the determination on each appeal and mitigation request shall be forwarded to the police chief and the city manager on a monthly basis.

D. The decision of the alarm administrator shall be final and not subject to further appeal. (Ord. 18-006 § 1, 2018; Ord. 17-001 § 1, 2017; Ord. 09-020 § 33, 2009. Formerly 7.20.220).

7.20.180 Authority of alarm administrator.

The following cases shall be within the jurisdiction of the alarm administrator:

A. False alarm appeals.

B. Alarm suspension of any system located within the City or under its jurisdiction.

C. Administration of false alarm response cost recovery fees related to, or applicable to, any security alarm system.

D. Any other administrative alarm appeals as they may pertain to security alarm systems located within the City. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 34, 2009. Formerly 7.20.230).

7.20.190 Alarm administrator selection – Qualification and removal.

A. The alarm administrator shall be appointed by the chief of police.

B. The alarms administrator(s) shall be appointed solely with regard to their qualifications for the duties of the office and shall have such training and experience as will qualify them to conduct the duties or responsibilities pursuant to Chapter 7.20 SVMC.

C. The alarm administrator(s) may be removed from office by the chief of police. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 35, 2009. Formerly 7.20.240).

7.20.200 Improper influence, conflict of interest, appearance of fairness.

A. No City official, elective or appointive, shall attempt to influence the alarm administrator in any matter officially before him so as to constitute misconduct of a public office pursuant to Chapter 42.20 RCW.

B. The alarm administrator(s) shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct. If such conflicts or violations cannot be avoided in a particular case, the alarm administrator shall assign an alarm administrator as a pro tem to act in his absence. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 36, 2009. Formerly 7.20.250).

7.20.210 Exceptions.

A. Chapter 7.20 SVMC shall not apply to temporary security alarm systems used by the police department or other public law enforcement agencies for investigative or protective purposes.

B. Government Facilities.

1. Pursuant to SVMC 7.20.020, government facilities are subject to the following special rules:

a. Fee Structure. No cost recovery fees shall be charged for police response(s) to false alarms at government facilities;

b. Government facilities shall be exempt from having police response suspended.

2. To qualify for the special rules and exemptions under SVMC 7.20.210, an alarm site shall meet the following criteria:

a. The site be located within the municipal boundaries of the City; and

b. Compliance with 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 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 ensure that appropriate protection and accountability are maintained at government sites. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 38, 2009. Formerly 7.20.270).

7.20.220 Special rules applicable to public schools.

A. Public schools shall be subject to the following special rules:

1. Service fee structure:

a. No fee shall be charged for the first false alarm in any calendar year.

b. The second and all subsequent false alarms in any calendar year shall be charged at the standard false alarm response cost recovery fee rate;

2. Public school sites are exempt from suspension.

B. To qualify for the special rules and exemptions pursuant to SVMC 7.20.220, a school alarm site shall meet the following criteria:

1. The site shall be located within the municipal boundaries of the City; and

2. The site shall be a public school site 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 Spokane Public Schools.

C. The alarm administrator may make any other special rules and exceptions as are deemed necessary to ensure that appropriate protection and accountability are maintained at public schools regarding use of a security alarm system. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 39, 2009. Formerly 7.20.280).

7.20.230 Confidentiality of alarm information.

A. All information gathered through activations of false alarms, and/or through the appeals process shall be treated as confidential by all employees of the City and its third party administrator, if applicable. Such information shall be proprietary and is confidential except as otherwise required by Chapter 42.56 RCW, the Public Records Act.

B. Absent special circumstances or court order, no information gathered through activations of false alarms, and/or through the appeals process shall be released to the public or any other person except as otherwise required by Chapter 42.56 RCW, the Public Records Act.

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 of one of those three entities. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 40, 2009. Formerly 7.20.290).

7.20.240 Scope of police duty – Immunities preserved.

A. Chapter 7.20 SVMC 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 is fully retained.

C. Police department 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. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 41, 2009. Formerly 7.20.300).

7.20.250 False alarm response cost recovery fees.

The fees for false alarm response cost recovery shall be determined by separate resolution. (Ord. 17-001 § 1, 2017; Ord. 09-020 § 42, 2009. Formerly 7.20.310).