ORD 2003-05 FALSE ALARM ORDINANCE NO. 2003-05
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to false alarms; repealing Chapter 9.08 and adding a new
Chapter 8.08 to the Bainbridge Island Municipal Code.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 9.08 of the Bainbridge Island Municipal Code is repealed.
Section 2. A new Chapter 8.08 is added to the Bainbridge Island Municipal
Code to read as follows:
Chapter 8.08
FALSE ALARMS
8.08.110 Purpose.
The purpose of this chapter is 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 the imposition of fees.
8.08.20 Definitions.
As used in this chapter, "false alarm" means the activation of a burglary and/or
robbery alarm at a time during which no forced entry, attempted forced entry,
unlawful entry, robbery, attempted robbery, or an actual duress situation is
occurring on the premises, or during which no foreseeable risk of grievous bodily
harm or property damage is present at the premises. A false alarm shall include
the incorrect, reckless, or careless use of any burglary and/or robbery alarm
system, including operator error.
8.08.30 False alarm - Unlawful.
No person shall intentionally, recklessly, or negligently activate or cause to be
activated any burglary and/or robbery alarm for the purpose of summoning the
police, except in the event of an actual or attempted burglary and/or robbery, or in
other duress situations involving a foreseeable risk of bodily harm or property
damage.
8.08.40 False Alarm - Registration.
It shall be unlawful to have or maintain on any premises a burglary, robbery, or
panic alarm unless there is on file with the Bainbridge Island Police Department, a
current emergency response reg/stration containing the name(s) and current
telephone number(s) of person(s) authorized to enter such premises and mm off
any such alarm at all hours of the day and night, and a registration fee has been
paid in an amount set by resolution.
8.08.050 Duty to maintain alarm systems.
Each person who owns, operates, uses, or maintains a robbery and/or burglary
alarm system shall maintain the alarm system in satisfactory operating condition
such that it will not generate false alarms.
8.08.060 Violation -- Civil Infraction.
A violation of any provision of this chapter shall constitute a civil infraction
punishable by a civil fine not to exceed $250.00, which shall be enforced as
provided in Chapter 1.26. In addition to any fine imposed by the city for a
violation of this chapter, the city may also charge a fee for costs incurred in
responding to a false alarm, in accordance with Section 8.08.070.
8.08.070 False alarms -- Fees and corrective action.
For police response to any false alarm, the city shall charge the person owning
or operating the premises upon which the robbery and/or burglary alarm system
is maintained or used the following fees:
A. For a response to a false alarm at a premises at which no other false
alarm has occurred within the preceding six-months, hereinafter referred to as a
"first response," no response fee shall be charged to the owner or operator of
the premises. Upon a first response, notice of conditions and requirements of
this chapter shall be provided to the owner or operator of the premises on which
the false alarm occurred.
B. For a second response to a false alarm at a premises within six months
after the first response, a response fee in an amount to be established by
resolution shall be charged to the owner or operator of the premises upon which
the false alarm occurred. The chief of police may also require that the owner or
operator take corrective action to prevent the occurrence of additional false
alarms.
C. For a third response to a false alarm at a premises within six months
after a second response, a response fee in an amount to be established by
resolution shall be charged to the owner or operator of the premises upon which
the false alarm occurred. The chief of police may also require that the owner or
operator take corrective action as provided in subsection B of this section. If the
third false alarm, or any succeeding false alarm, occurs as a result of failure to
take necessary corrective action required by the chief of police, the chief of
police may order the person having or maintaining the burglary and/or robbery
alarm system to disconnect such alarm until the prescribed corrective action is
taken and certification of such corrective action is provided to the police
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department; provided, that no disconnection shall be ordered for any premises
required by law to have an alarm system in operation.
D. For a fourth response to a false alarm at a premises within six months
after the third response, and for all succeeding responses within six months of
the last response, a response fee in an amount to be established by resolution
shall be charged. The chief of police may also require that the owner or
operator take corrective action as provided in subsection B of this section, or
order a disconnection of the alarm system, as provided in subsection C of this
section.
E. In addition to the requirements set forth in this section, the owner or
operator of the premises at which more than one false alarm has occurred within
a six-month period shall, within ten working days after written notice to do so,
make a written report to the chief of police on a form provided by the city,
setting forth the cause of the false alarm, the corrective action taken, whether
and when such alarm has been inspected by authorized service personnel and
such other information as the chief of police may reasonably require to
determine the cause of the false alarm, any mitigating circumstances, and the
corrective action necessary.
8.08.080 Notice.
Written notice of the imposition of any administrative action taken pursuant to
Section 8.08.070, including the imposition of a fee or order of disconnection,
shall be provided to the owner or operator of the premises upon which the false
alarm(s) occurred by personal delivery or by certified mail, return receipt
requested. The notice shall include a statement of the violation, the fee
imposed, any required corrective action, and/or terms of the disconnection
order, if any. The notice shall further notify the owner or operator of the
premises upon which the false alarm(s) occurred of the owner's or operator's
right to appeal the administrative action, pursuant to Section 2.16.130.
For the purposes of this section, for business premises, the owner, manager or
chief administrative agent regularly assigned or employed on the premises at the
time of the false alarm shall be presumed to be the person having or maintaining
the alarm on the business premises.
8.08.090 Appeal from administrative decision.
Any owner or operator subject to an administrative action pursuant to Section
8.08.080 shall have a right to appeal the administrative action to the hearing
examiner, pursuant to Section 2.16.130.
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Section 3. This ordinance shall take effect and be in full force from and after
its passage, approval and publication, as required by law, on May 5, 2003.
PASSED by the City Council this 12th day of February, 2003
APPROVED by the Mayor this 13th day of February, 2003.
DARLENE KORDONOWY, M~/j]
ATTEST/AUTHENTICATE:
SPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: February 7, 2003
PASSED BY THE CITY COUNCIL: February 12, 2003
PUBLISHED: February 19, 2003
EFFECTIVE DATE: May 5, 2003
ORDiNANCE NO. 2003-05