Chapter 13.05
REGULATION OF USE OF EMERGENCY SERVICES
Sections:
13.05.030 Unlawful activation or report of alarm.
13.05.040 Determination – Rebuttable presumption.
13.05.060 Violation – Civil penalties.
13.05.070 Misuse of 911 system or dispatch.
13.05.080 Harassment of a 911 operator or dispatcher.
13.05.010 Purpose.
The use of 9-1-1 and emergency dispatch services within Columbia County allows for fast and efficient response to health and safety emergencies for the citizens of Columbia County. 9-1-1 and emergency dispatch save the lives and preserve the property of Columbia County’s citizens every day. The efficacy of 9-1-1 and emergency dispatch services relies on tightly controlled and regulated use of those services, and unauthorized, abusive, harassing, or false communications to those services hinders, delays, and prevents the orderly and efficient delivery of the services that save lives and preserve property. Unchecked, such communications may result in lost lives and property for the citizens of Columbia County. [Ord. 2021-04 § 1 (Exh. A).]
13.05.020 Definitions.
A. “Alarm system” or “alarm device” means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an alarm system monitoring company, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle. An alarm system or alarm device may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm system monitoring company via telephonic, wireless, electronic, video, or other form of message.
B. “Alarm system monitoring company” means any individual, partnership, corporation, or other form of association that engages in the business of monitoring property, burglary, robbery, or panic alarms.
C. “Alarm system user” means the person having or maintaining a property, burglary, robbery, or panic alarm. It means only the subscriber when the system is connected to an alarm system monitoring company.
D. Burglary Alarm. See “Property alarm” below.
E. “Sheriff” means the Columbia County sheriff and/or his or her designee.
F. “Director” means the Columbia County emergency management director, or any officer, agent or employee of the county designated to act on the director’s behalf.
G. “Dispatch,” when used as a noun herein, means the Columbia County emergency management department dispatch service, the E911 system of Columbia County, and/or any employee or agent of the sheriff’s office or other emergency service acting in the capacity of directing emergency response. “Dispatch” when used as a verb shall have its ordinary meaning.
H. “Emergency service” means the Columbia County sheriff and/or his or her deputies, any ambulance or other emergency medical service, and/or the employees of any fire protection district.
I. “False alarm” means the notification to the Columbia County sheriff’s office, Columbia County emergency management, or any emergency service concerning the activation of an alarm system or alarm device when:
1. There is no evidence of a crime or other activity that warrants the assistance of the Columbia County sheriff or any other emergency service on the premises, as indicated by the investigation of a sheriff’s deputy or other emergency services provider on the scene or by the lack of a police report filed by the property owner, and no individual who was on or near the premises or who had viewed a video communication from the premises, called for the dispatch or confirmed a need for sheriff or emergency service response; or
2. The dispatch of sheriff’s office or other emergency service personnel was cancelled by the alarm system monitoring company or the alarm user, when the alarm was cancelled before the arrival of sheriff’s office or other emergency service personnel at the alarm site.
J. Panic Alarm. See “Robbery alarm” below.
K. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the state of Washington and any political subdivision or municipal corporation thereof.
L. “Property alarm” or “burglary alarm” means any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors or other techniques, and, when activated, automatically transmits a telephone message, emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the protected premises.
M. “Residence” means a building or structure or portion thereof designed to be used as a place of abode for human beings and not used for any other purpose.
N. “Robbery alarm” or “panic alarm” means any system, device, or mechanism, activated by an individual on or near the premises, to alert others that a robbery or any other crime is in progress, or that the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria:
1. The system is installed on real property (the “protected premises”);
2. It is designed to be activated by an individual for the purpose of summoning assistance to the premises;
3. It transmits a telephone message or emits an audible, visible, or electronic signal that can be heard, seen or received by persons outside the protected premises; and
4. It is intended to summon police assistance to the premises. [Ord. 2021-04 § 1 (Exh. A).]
13.05.030 Unlawful activation or report of alarm.
No person shall activate any robbery, panic, property, or burglary alarm for the purpose of summoning sheriff’s office or other emergency service personnel except in the event of an unauthorized entry, robbery or other crime being committed or attempted on the premises, or the user needs immediate assistance in order to avoid injury or serious bodily harm or damage to property.
Anyone who shall notify dispatch of an activated alarm and have knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system, shall at the same time notify the dispatch of such apparent malfunction. [Ord. 2021-04 § 1 (Exh. A).]
13.05.040 Determination – Rebuttable presumption.
For the purposes of this chapter, there is a rebuttable presumption that the following determinations made by the Columbia County sheriff, the fire chief of any fire district, the director, or made on behalf of the sheriff, fire chief, or director by a deputy dispatched to the premises, are correct:
A. There is no evidence of a crime, fire, or other activity that would warrant a call for sheriff or other emergency services assistance or investigation at the premises; and
B. No individual who was on or near the premises, or who had viewed a video communication from the premises, called for the dispatch or verified a need for sheriff or other emergency services response. [Ord. 2021-04 § 1 (Exh. A).]
13.05.050 Frequent false alarms – Process for disregarding automatic alarms – In-person verification.
A. In exercising discretion to make a dispatch in response to an automatic property or automatic burglary alarm, the director or sheriff may disregard a call for dispatch when:
1. The call comes from or is prompted by an automatic property alarm or automatic burglary alarm that has a record of sending four false alarms within a period of 12 months; and
2. The call is the only basis for making such a dispatch.
The director or sheriff may consider such a call as an additional factor in making a decision to order a dispatch when an in-person verification from an individual at the premises, or other independent evidence, shows a need for sheriff or other emergency service assistance at the premises.
B. To discourage false alarms, the director may adopt a process of sending a letter by regular mail informing the alarm system monitoring company or alarm user of record of the false alarm history, the need to take corrective action, and the prospect that four false alarms within a 12-month period shall result in the automatic signals being disregarded and an in-person verification being required or other independent information showing a need for such a dispatch before a dispatch will be made to the premises.
C. Before acting as authorized in subsection (A) of this section, the director shall send or deliver a notice to the alarm system monitoring company or alarm user that:
1. Four false alarms have been received within a 12-month period;
2. The remedy authorized in subsection (A) of this section may be taken;
3. The alarm system monitoring company or alarm user may request a hearing before the director or the director’s designee and explain why the director should not take the proposed action; if no hearing is requested, the director will after 10 days disregard automatic signals from the premises without a verification from an individual or other independent information showing a need for such dispatch; and
4. A requirement of an in-person communication or verification may remain in effect for a period of 365 days.
D. If a hearing is requested, the director shall schedule the hearing within 10 days. Both the alarm user and a representative from the alarm system monitoring company (if applicable) are required to attend. The director may take into consideration such factors as the steps that the alarm system user or alarm system monitoring company has taken or is taking to correct the problem; the incidence of crime in the area; the facts and circumstances of the false alarms; and other relevant information presented by the user or the monitoring company.
E. The director may suspend or cancel the remedy under subsection (A) of this section if the director determines that the automatic alarm system has been corrected to prevent the recurrence of false alarms. [Ord. 2021-04 § 1 (Exh. A).]
13.05.060 Violation – Civil penalties.
A. Any alarm user or alarm system monitoring company having more than four false alarms within a 12-month period shall be issued a civil infraction as contemplated by Chapter 7.80 RCW and subject as a Class 1 civil infraction under RCW 7.80.120(2) to a maximum monetary penalty and a default amount of $250.00 plus statutory assessments. Each false alarm after the fourth false alarm within a 12-month period shall be a separate violation, and the monetary penalties shall accumulate.
B. The violation of or failure to comply with any other provisions of this chapter shall be a civil infraction as contemplated by Chapter 7.80 RCW and subject as a Class 1 civil infraction under RCW 7.80.120(c) to a maximum penalty and a default amount of $250.00 plus statutory assessments.
C. The alarm user or alarm system monitoring company issued a civil infraction pursuant to this section may also be assessed the actual cost of any sheriff’s office or other emergency services response to the false alarm.
D. There shall be a maximum penalty and default amount of $250.00 plus statutory assessments as contemplated by RCW 7.80.160(3), for a failure to pay a penalty imposed pursuant to subsection (A), (B), or (C) of this section.
E. One-half of the amount of any monetary penalty imposed under this section retained by the county shall be distributed to the fire district or other emergency service responding to the false alarm. [Ord. 2021-04 § 1 (Exh. A).]
13.05.070 Misuse of 911 system or dispatch.
A. A person misuses the 911 system or dispatch when:
1. With knowledge that the information reported, circulated, or conveyed is false, he or she reports, circulates, or conveys a false report or warning or an alleged occurrence or impending occurrence to an employee of the Columbia County 911 system, or Columbia County dispatch; and/or
2. He or she contacts the 911 system with the intent to report, circulate, or convey information which he or she knows or should know does not constitute a good faith emergency.
B. A person is guilty of misuse of 911 system or dispatch in the first degree when he or she misuses the 911 system or dispatch, and an emergency service is dispatched to respond to false information. Misuse of the 911 system or dispatch is a gross misdemeanor, punishable by a fine of up to $5,000 and/or up to 364 days in the county jail.
C. A person is guilty of misuse of 911 system or dispatch in the second degree when he or she misuses the 911 system or dispatch. Misuse of 911 system or dispatch in the second degree is a misdemeanor, punishable by a fine of up to $1,000 and/or up to 90 days in the county jail. [Ord. 2021-04 § 1 (Exh. A).]
13.05.080 Harassment of a 911 operator or dispatcher.
A. A person harasses a 911 operator or dispatcher when he or she contacts the 911 system or Columbia County dispatch, with intent to harass, intimidate, torment or embarrass the 911 operator or dispatcher, and:
1. Uses any lewd, lascivious, profane, indecent, or obscene words or language, or suggests the commission of any lewd or lascivious act; or
2. Anonymously or repeatedly contacts the 911 system or dispatch without a good faith belief that an emergency has occurred or is about to occur, whether or not conversation ensues; or
3. Threatens to inflict injury on the person or property of the 911 operator or dispatcher called, the 911/dispatch communications center, or any member of the 911 operator’s or dispatcher’s family or household;
B. Harassment of a 911 operator or dispatcher is a gross misdemeanor, punishable by a fine of up to $5,000 and/or up to 364 days in the county jail. [Ord. 2021-04 § 1 (Exh. A).]