Ordinance 27000006.160.110
RPB/dj b
08/16/88
R:10/31/88
R:12/30/88
R:01/18/89
ORDINANCE NO. 2700
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADDING A NEW CHAPTER 5.20 TO THE EDMONDS CITY
CODE ENTITLED "FALSE ALARMS"; CONTAINING A
SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the Edmonds City Council finds that false
robbery and burglary alarms occurring within the City cause an
unnecessary expenditure of valuable resources and that
administrative fees for such alarms should be imposed to cover
the City's response costs and lessen the number of such alarms,
as well encourage alarm owners to maintain alarms in proper
working order; and
WHEREAS, this ordinance is in the interest of the
public health, safety and welfare, now therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. There is hereby added to the Edmonds City
Code a new Chapter 5.20, entitled "False Alarms," to read as
follows:
5.20.010 Purpose. This chapter is intended
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
fees and potential disconnection and criminal
penalties for violations.
5.20.020 Definitions. The following words
used in this chapter, shall be defined as set
forth in this section:
RPBO10180 -1-
(A) "Person" includes any natural person,
partnership, joint stock company,
unincorporated association or society, or a
corporation of any character whatsoever.
(B) "False alarm" includes the activation
of a burglary and/or robbery alarm by other
than an unlawful or attempted unlawful entry
(to the premises) or when no robbery or
burglary is being committed or attempted on
the premises.
5.20.030 Emergency contact card ---
Termination of False Alarm.
(A) It is unlawful to have or maintain on
any premises a burglary and/or robbery alarm
unless there is on file with the Edmonds
Police Department an emergency contact card
on a form provided by the police department
containing the name(s) and telephone
number(s) of person(s) authorized to enter
such premises and turn off any alarm and a
signed statement by the owner or occupier of
the premises authorizing police officers to
disconnect an alarm when required by this
chapter.
(B) It is also unlawful for any person
authorized to terminate a false alarm and
listed on the emergency contact card to
refuse to respond and turn off a false alarm
within one hour of being requested to do so
by the Edmonds Police Department.
(C) Any alarm audible upon abutting
property for a period in excess of one hour
is declared to be a public nuisance and may
be summarily abated by the police department.
5.20.040 False alarm --Unlawful Conduct.
(A) It is unlawful for anyone to activate
any robbery and/or burglary alarm for the
purpose of summoning police except in the
event of an actual or attempted unlawful
entry, burglary or robbery, or for anyone
notifying the police of any activated alarm,
and having knowledge that such activation was
apparently caused by an electrical or other
malfunction of the alarm system to fail at
RPB01018O -2-
the same time to notify the police of such
apparent malfunction.
(B) Every person who possesses any premises
with a burglary and/or robbery alarm shall
maintain the alarm system in good repair and
any person failing to do so is guilty of
failing to maintain an alarm system. Three
false alarms from any alarm system in any 12
month period shall be prima facie evidence of
failure to comply with this subsection by the
person having or maintaining such alarm.
5.20.050 False alarm --Fees.
(A) The city shall impose the following
administrative sanctions upon a police
response to any false alarm:
(1) Upon a first response to a premises at
which no other false alarm has occurred,
notice of the conditions and requirements of
this chapter shall be given to the person
having or maintaining such alarm system. The
notice shall also request that possible
causes of the apparent malfunction be
examined, and any corrective action be taken
to prevent future occurrences.
(2) If a second response to a premises
occurs as a result of a false alarm within a
six (6) month period, the person having or
maintaining such burglary and/or robbery
alarm shall, within three working days after
notice to do so, submit a written report to
the Chief of Police on a prescribed form
setting forth the cause of such false alarm,
the corrective action taken, and such other
information as the Chief of Police or his
designee may reasonably require to determine
the cause of such false alarm, any mitigating
circumstances and necessary corrective
action. The Chief of Police or his designee
shall be authorized to inspect or cause to be
inspected the alarm system at such premises,
prescribe necessary corrective action, and
shall give notice to the person having or
maintaining such alarm system of the
conditions and requirements of this
section. All costs of inspection and
corrective action shall be borne by the
individual having or maintaining the alarm on
the premises.
RPB01018O -3-
(3) If a third response to a premises
occurs within a six (6) month period, the
person having or maintaining such alarm
system shall, within 3 working days after
notice to do so, submit a written report to
the Chief of Police on prescribed forms
setting forth the cause of such false alarm,
as well as a written statement by a certified
alarm repair service, indicating the action
taken and a statement of reliability. In
addition, notice will be given that future
occurrences within the same six (6) month
period will result in a monetary assessment
of $50.
(4) If a fourth or subsequent response to a
premises occurs within the same six (6) month
period, a fee of $50 will be assessed with
respect to each and every response and the
Chief of Police may order the person having
or maintaining the alarm system to disconnect
such alarm provided that any business
required by law to maintain an alarm shall
not be subject to disconnection. Any alarm
which is disconnected shall not be
reconnected until the following conditions
have been satisfied:
(1) all monetary assessments have been
paid; and
(2) the alarm has been repaired, certified
and inspected by the police department,
and/or
(3) if training is required to prevent
future false alarms, such training has
been provided.
(B) Monetary assessments imposed in
accordance with this section shall be paid to
the City Clerk within fifteen days of the
date of the notice. The City Clerk shall not
renew the business license of any business
which fails to pay a monetary assessment
and/or otherwise comply with this chapter;
provided that such license may be reinstated
upon payment to the City Clerk of the
monetary assessments and compliance with all
other provisions of this chapter.
RPB01018O -4-
5.20.060 Notice. Notice of imposition of any
administrative decision or sanction,
including the imposition of a monetary
assessment or order of disconnection under
the provisions of this chapter shall be given
to the person having or maintaining a
burglary and/or robbery alarm on premises
owned or occupied by him or her; provided,
that with respect to business premises, the
owner, manager, or chief administrative agent
regularly assigned and employed on the
premises at the time of the occurrence of a
false alarm shall be presumed to be the
person having or maintaining the alarm on the
business premises and to whom notice shall be
given.
5.20.070 Penalty. Violations of this
Chapter shall be punished in accordance with
the penalty provisions contained in Edmonds
City Code 5.50.020.
Section 2. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 3. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the attached summary which is hereby
approved.
APPROVED:
MAYOR, CRY/S.JNAUGHTEN
RPB01018O -5-
ATTEST/AUTHENTICATED:
-�LrC- /
CI CLERK, JA QUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ti
FILED WITH THE C:� Y CLERK: January 3, 1989
PASSED BY THE CITY COUNCIL: January 17, 1989
PUBLISHED: January 23, 1989
EFFECTIVE DATE: January 28, 1989
ORDINANCE NO. 2700
RPB01018O -6-
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
The
will be
Of
sauP+mnrCyrdafn me
s- ardinonie,
the iF11C, araylde9
A SEV♦rRABILITY
b SETTING AN
ATE.
h of the ordlnon[e
upon requ?5f.
Is I7fh day of
INE G: PARRETT
Gory 23, 1989.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice.... .......................:............
..... S.umma.ry... of --- Ordinance --- No 2.7.00.....::................................._........I
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
.... January ... 3...... 19.8.9............................. :...:.-..........:...............
and that said newspaper .was.regulaply distributed to its subscribers
i
during all of said period.
Principal Clerk
Subscribed and sworn to before me, th23.rd..............
L day of.january............. ................ 19g�..
Notary )ulic in an for the State of Washington,
residing at)Everett, Snohomish County.
f.
B-2-1