Chapter 9.16
FALSE ALARMS
Sections:
9.16.020 False alarms prohibited.
9.16.030 Unintentional false alarms – Law enforcement policies.
9.16.035 Unintentional false alarms – Fire department policies.
9.16.040 Notices of infraction – Hearings.
9.16.060 Distribution of funds.
9.16.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
“False burglary alarm” means the intentional or unintentional activation of a burglary and/or robbery alarm by other than forced entry or attempted forced entry to the premises at a time when no criminal act is being committed or attempted on the premises. The causes of unintentional false alarms include, but are not limited to, the following: equipment malfunction, improper installation or maintenance of the equipment, human error or negligence, or any cause other than the actual commission or attempted commission of a criminal act.
“False fire alarm” means the intentional or unintentional activation of an audio or visual alarm or signal from an automatic fire alarm device set off by causes other than the occurrence of a fire. The causes of unintentional false alarms include, but are not limited to, the following: equipment malfunction, improper installation or maintenance of the equipment, human error or negligence, or any cause other than the occurrence of a fire.
“Intentional” means an act done by intention. A person acts with intent or intentionally when he or she acts with the object or purpose to accomplish a particular result.
“Unintentional” means an act done unintentionally. When the alarm is activated by any other means than by an intentional act, the false alarm shall be defined as an unintentional false alarm. (Ord. 7-2004 § 1; Res. 149-1989. Formerly 9.40.010)
9.16.020 False alarms prohibited.
A. No alarm user shall cause or allow a false burglary alarm or false fire alarm.
B. In the event that a false burglary alarm or false fire alarm is reported to the County sheriff’s office by a firm purporting to be an alarm company, the owner of the alarm system shall bear full responsibility for said false burglary alarm or false fire alarm for the purposes of this chapter.
C. The intentional activation of a burglary and/or robbery alarm for the purpose of summoning the sheriff’s office for other than an actual burglary or robbery, or a life-threatening emergency situation, shall be deemed a misdemeanor. (Ord. 7-2004 § 2; Res. 149-1989. Formerly 9.40.020)
9.16.030 Unintentional false alarms – Law enforcement policies.
The provisions of this chapter shall be administered by the County sheriff. The sheriff may utilize the following procedures and practices to reduce false burglary alarms:
A. For a response to a premises at which no other unintentional false burglary alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” the person having or maintaining such burglary and/or robbery alarm may be required, within five working days after notice to do so, to complete a written report to the sheriff, or his designee, on forms provided by him, setting forth the cause of such false burglary alarm, the corrective action taken, whether such alarm has been inspected by a qualified serviceman and such other information as the sheriff or his designee may reasonably require to determine the cause of such false burglary alarm and the corrective action necessary to eliminate any repeat of the false burglary alarm.
B. For the second response to premises within six months after the first response, a written report shall be required as for a first response and the sheriff or his designee shall be authorized to inspect or cause to be inspected the alarm system at said premises, and any associated costs for such inspection to be borne by the owner of said alarm system, prescribe necessary corrective action, and shall give notice to the person or company having or maintaining such alarm system of the conditions and requirements of this section.
C. For the third response to a premises within six months of the first response, a written report shall again be required as for a first or second response and the sheriff or his designee shall be authorized to inspect or cause to be inspected the alarm system at such premises, with any associated costs for such inspection to be borne by the owner of said alarm system, prescribe necessary corrective action, and shall give notice to the person or company having or maintaining such alarm system of the conditions and requirements of this section. (Ord. 7-2004 § 3; Ord. 14-2000 § 10(C); Res. 149-1989. Formerly 9.40.030)
9.16.035 Unintentional false alarms – Fire department policies.
The provisions of this chapter shall be administered by the fire districts. The fire chief of the district in which the alarm system is located may utilize the following procedures and practices to reduce false alarms:
A. For a response to a premises at which no other unintentional false fire alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” the person having or maintaining such fire alarm may be required, within five working days after notice to do so, to complete a written report to the fire chief of the district, or his designee, on forms provided by him, setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by a qualified serviceman and such other information as the fire chief or his designee may reasonably require to determine the cause of such false alarm and the corrective action necessary to eliminate any repeat of the false alarm.
B. For the second response to a premises within six months after the first response, a written report shall be required as for a first response and the fire chief or his designee shall be authorized to inspect or cause to be inspected the alarm system at said premises, and any associated costs for such inspection to be borne by the owner of said alarm system, prescribe necessary corrective action, and shall give notice to the person or company having or maintaining such alarm system of the conditions and requirements of this section.
C. For the third response to a premises within six months of the first response, a written report shall again be required as for a first or second response and the fire chief or his designee shall be authorized to inspect or cause to be inspected the alarm system at such premises, with any associated costs for such inspection to be borne by the owner of said alarm system, prescribe necessary corrective action, and shall give notice to the person or company having or maintaining such alarm system of the conditions and requirements of this section. (Ord. 7-2004 § 4)
9.16.040 Notices of infraction – Hearings.
Hearings on notices of infraction issued pursuant to this chapter shall be held in the County district court. The procedures for issuance of a notice of infraction, hearings assessment and payment of monetary penalties, shall be in accordance with the provisions of Chapter 7.80 RCW. (Res. 149-1989. Formerly 9.40.040 (2))
9.16.050 Violation – Penalty.
The third false alarm and each subsequent false alarm, from the same location within a six-month period constitutes a civil infraction subject to monetary penalty as set forth below:
A. For the third false alarm, and each succeeding false alarm, a penalty not exceeding $500.00 shall be assessed. (Ord. 7-2004 § 5; Res. 149-1989. Formerly 9.40.040 (1))
9.16.060 Distribution of funds.
All funds collected from fines imposed by the County district court for violations of this chapter shall be distributed as provided in RCW 3.62.020. The clerk of the County district court in his/her monthly remittance of funds to the County treasurer, shall earmark those funds received as a result of fines imposed for a violation of this chapter. Thirty-two percent of those funds shall be remitted by the County treasurer to the state treasurer as required by RCW 3.62.020(2); and the remainder deposited in the County current expense fund as required by RCW 3.62.020(3). Funds in the County current expense fund resulting from fines imposed for the violation of this chapter shall then be used to reimburse the County sheriff or responding fire district for the costs of enforcing this chapter. (Ord. 7-2004 § 6; Res. 149-1989. Formerly 9.40.060)
9.16.070 Key boxes.
The County fire marshal shall require a key box to be installed in an accessible location where immediate access is necessary to verify the existence of a fire or other emergency in the buildings equipped with or required to be equipped with fire detection or fire suppression systems or equipment.
The key box shall be of a type approved by the fire chief of the district in which the property resides; shall contain keys to gain necessary access as required by the fire chief; and shall be installed in a manner approved by the fire chief. The County fire marshal shall require a key box tamper switch connected to the building’s fire alarm system.
Any building owner violating this requirement shall, after receiving due notice by the fire official, be subject to a fine up to $500.00.
Compliance shall be required within six months of the effective date of the ordinance codified in this chapter. (Ord. 7-2004 § 7)