Chapter 9.22
ALARM SYSTEMS

Sections:

9.22.003    Definitions.

9.22.005    Alarms covered by this chapter.

9.22.010    Telephone number of person authorized to turn off or reset alarm.

9.22.020    False alarms.

9.22.030    Charges for false alarms.

9.22.040    Violation – Penalty.

9.22.003 Definitions.

(1) “Alarm” means any signal (audible, visual, electronic) intended to indicate to the operator at its termination point that a burglary or attempted burglary, robbery or attempted robbery, or fire is occurring on the premises where the alarm system is installed and that the summoning of an emergency response agency is required. In the event of a system that is self-contained on a premises, an alarm is any signal (audible, visual, electronic) intended to indicate to a person noting such signal that an emergency response agency should be notified and summoned to the premises where the signal is located.

(2) “Burglar alarm” means any mechanical or electronic system designed and installed for the purposes of detecting unlawful entry or attempted entry into a premises.

(3) “False alarm” means the activation of an alarm or alarm system by other than a forced entry or attempted forced entry to the premises and at a time when no burglary, robbery or other felony is being committed or attempted on the premises; or the activation of a fire alarm by other than a forced entry or attempted forced entry to the premises and when there is no fire on or in the premises, whether such alarm is manually activated, activated by the presence of smoke or heat, or activated by the flow of water through a fire-suppression system on the premises; provided, however, a false alarm shall not include the purposeful activation of an alarm in order to test the alarm system when the police department and fire department have been notified in advance that the alarm system is going to be tested at a time certain.

(4) “Fire alarm” means any mechanical or electronic system, however activated, intended to indicate that there is a fire at a premises and that the response of a fire department is required to the premises.

(5) “Robbery alarm” means any mechanical or electronic system, however activated, installed to indicate to an operator, at its termination point, that a robbery or attempted robbery is in progress and the emergency response of a law enforcement agency is required at the premises where the robbery or attempted robbery is taking place. (Ord. 1797 § 1, 2000).

9.22.005 Alarms covered by this chapter.

The provisions of this chapter shall apply to all alarms and alarm systems installed on premises for the purpose of summoning an emergency response agency in the event of burglary, attempted burglary, robbery, attempted robbery, or fire. (Ord. 1797 § 2, 2000).

9.22.010 Telephone number of person authorized to turn off or reset alarm.

It is an infraction to have or maintain on any premises within the city any type of burglary, robbery, or fire alarm or alarm system unless there is on file with the Port Orchard police department a notice of the telephone numbers of at least two persons authorized to enter such premises and turn off such alarm and who can be reached at all times. It is an infraction for any person to fail to appear and turn off any such alarm within one hour after being notified by the Port Orchard police department to do so. (Ord. 1797 § 3, 2000).

9.22.020 False alarms.

It is unlawful to activate any alarm or alarm system for the purpose of summoning any emergency response agency except in the event of an actual or attempted robbery, burglary, fire or other felony. It is also unlawful for anyone notifying the police of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other alarm system malfunction to fail at the same time to notify the police of such apparent malfunction. (Ord. 1797 § 4, 2000).

9.22.030 Charges for false alarms.

(1) In the case of a false alarm, the owner of the business or residence upon which the alarm system is located shall pay to the city finance director the response fee and provide the report set forth in this section.

(2) In the case of a false alarm response to a business or residence at which no other false alarm has occurred in the previous 12-month period, there will be no fee charged. Within seven calendar days after the false alarm the owner of the business or residence shall file a report with the police chief. The report shall be prepared on a form available from the police department. The report shall be completed in its entirety. The report, at a minimum, shall contain the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service technician, and such other information as the police chief may reasonably require to determine the cause of such false alarm and corrective action necessary. It is a civil infraction to fail to provide a complete report within the seven-day period or to take the corrective action within 10 days after the false alarm.

(3) For each subsequent false alarm in a 12-month period, the owner of the business or residence upon which the alarm system is located shall be charged a response fee as an administrative sanction. The response fee shall be $50.00 for the second false alarm in a 12-month period, $100.00 for the third false alarm in a 12-month period, and $150.00 for the fourth and all subsequent false alarms in a 12-month period. The reporting requirement of subsection (2) of this section shall also apply to each false alarm. It is a civil infraction to fail to provide a complete report within the seven-day period or to take the corrective action within 10 days after the false alarm.

(4) If the fees imposed in accordance with this section are not paid to the city finance director within 30 days from the date of billing, a penalty of five percent shall be assessed for every 30 days payment is delinquent. (Ord. 017-23 §§ 4, 7 (Exh. A); Ord. 029-05 § 1; Ord. 1839 § 1, 2001; Ord. 1797 § 5, 2000).

9.22.040 Violation – Penalty.

If a person is deemed to have committed an infraction, as identified in this chapter, the court shall have the authority to impose a civil penalty of not more than $200.00. Any knowing violation of any of this provisions of this chapter or knowingly failing to comply with the requirements of this chapter, except where identified as an infraction, is a misdemeanor. (Ord. 1797 § 6, 2000).