HomeMy WebLinkAboutOrdinance No. 0926CITY OF MEDINA
ORDINANCE NO. 926
s.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MEDINA, WASHINGTON; UPDATING CHAPTER 8.12 HOUSE
S CUI TY" ALARMS TO REDUCE THE NUMBER OF FADE
ALARMS AND MINIMIZE WASTE OF CITY RESOURCES
WHEREAS, Medina Municipal Cade Chapter 8.12 House Security Alarms -- i
intended to reduce the number of false alarms occurring within the city and minimize the waste
of city resources; and
WHEREAS, Section 8.12.030 requires that home security systems must register with
the police department; This section is no longer necessary as security system providers
register with local 911 dispatch centers instead of police departments; and
WHEREAS, Section 8.12.030 should be removed as it creates an unnecessary process
for the police department and requires the police department to keep unnecessary records; and
WHEREAS, the City Council of the City of Medina desires to formally adopt the updated
language for this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA WASHINGTON,
DO ORDAIN AS FOLLOWS:
i .1 .010 Purpose,
It is the intent of this chapter to reduce the number of false alarms occurring within the city and
t
the resultant waste of city resources by providing for corrective administrative action including
fees. Home security alarm systems are encouraged as a valuable tool for homeowners, police
and fire personnel in preventing loss of life and property. But repeated false alarms are wasteful
of police and fire department time and resources. The prevalence of false alarms can also
endanger the lives of police personnel by creating an expectation that an alarm will be false.
1 For these reasons, testing and proper maintenance of home security systems is required y
this chapter. Following one false alarm, to which the police and/or fire department responded
within a six-month period, fines will be imposed by the city as established herein. (turd. 653 2,
2000; ?rd. 576 1, 1993)
3,
5
.1�2.020 Definitions.
{ In this chapter, unless a different meaning plainly is required, the definitions contained in this
section shall apply:
A. "Alarm business" means the business by any individual, partnership, corporation or other
entity of selling, leasing, maintaining, servicing, repairing, altering; replacing, moving or
installing any alarm system or causing to be sold„ leased, maintained, serviced, repaired,
altered, replaced, moved or installed any alarm system in or on any building, structure or
facility.
B. "Alarm system" means any assembly of equipment, mechanical or electrical, arranged to
signal the occurrence of an unauthorized or illegal entry or other activity requiring urgent
.' attention and to which police are expected to respond.
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Ordinance No. 926
C. "Alarm user" means the 'person, firm, partnership, association, corporation, company or
organization of any Find of control of any building, structure or facility wherein an alarm system
is maintained.
D. "Automatic dialing device" means a device which is interconnected and is programmed to
select a predetermined telephone number and transmit by voice message or code signal an
emergency message indicating a need for emergency response.
E. "Chief of police" includes his designee.
F. "False alarm's means an alarm signal, eliciting a response by police when situation
} requiring a response by police does not in fact exist. It does not include an alarm signal caused
by violent conditions of nature or other extraordinary circumstances not reasonably subject to
control by the alarm business operator or alarm user.
C. "interconnect'" means to connect an alarm system, including an automatic dialing service, to
a telephone line, either directly or through a mechanical device that utilizes a telephone, for the
purpose of using the telephone line to transmit a message upon activation of the alarm system.
H. `"Response" shall be deemed to have occurred when the police department begins to
proceed towards the premises as aresult of the activation of the alarm. (Ord. 576 § 2; 1993)
8.12.0030 Fees, corrective action.
For police response to any false alarm, the city shall charge and collect from the alarm user
such fees as are established herein. In addition to the imposition of fees, the 'city is authorized
to collect information as to the cause of the alarm and remedial steps taken.
A. For a response to premises at which no other false alarm has occurred within the preceding
six-month period, hereinafter referred to as a "first response", no civil penalty shall be charged.
Upon first response, notice of conditions and requirements of this chapter shall be given to the
alarm user or occupant of the premises on which the false alarm occurred.
B. For a second response to premises within six months after the first response, a civil penalty
of $50.00 shall be charged. The alarm user shall, within five working days after notice to die so,
r' make a written report to the city on prescribed forms setting forth.
1. The cause of such false alarm;
2. The corrective action taken;
3. Whether and when such alarm has been inspected by authorized service personnel; and
4. Such other information as may be reasonably required to determine the cause of such
} false alarm, and any mitigating circumstances that may permit the city to reduce the
penalty.
C. For a third response to premises within six months, after a second response, and for all
succeeding responses within six months of the last response, a civil penalty shall be charged as
follows:
1 st -'Free
2nd -- $50.00
fi 3rd $100.00
4th - 150M
5th -- 200.00
6th and subsequent 250.00
(turd. 653 4, 2000; turd. 576 4, 1993)
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OrdinanceNo. 926
8.12.0040 Administrative decisions Notice.
A. Notice of excessive alarms, including the imposition of a civil penalty under the provisions of
this chapter, shall be sent by mail or delivered personally to the alarm user or a person of
suitable age and discretion at the premises, provided, that with respect to business premises,
schools or churches, mailing or personal delivery to the manager or chief administrative went
regularly assigned and employed on the premises at the time of the occurrence of a false alarm
shall be presumed to be delivery to the alarm user.
B. The notice shall specify the sanctions imposed and shall advise the alarm user that unless a
hearing is requested with the city manager, as set forth in MMC 8.12.060, the sanctions will be
deemed final and nona peal ble. (Ord. 653 5,- 2000 Gird, 576 § 5, 1993)
8.12.060 Appeal from administrative decision — Finality.
A, Any person subject to the imposition of a civil penalty shall have a right of appeal there from
to the city manager upon filing a timely written notice.
B. The notice of appeal must be made in writing and filed with the city manager within 15 days
of the date of the notice of excessive alarms provided for in MMC &12,050 or the decision shall
4 be deemed final-. The notice shall describe all facts relied upon in support of the appeal. Upon
J receipt of a timely written notice the city manager shall consider the record of past false alarms,
z any corrective action taken and any inspection reports on the cause of the false alarm. If the
city manager determines that the false alarm user or alarm user's employees or agents have
established the cause of the; false alarm and that reasonable steps have been taken to correct
the problem, the civil penalty or other sanction may be suspended, in whole or in part. The city
manager shall keep a written report of the hearing including a statement of reasons for
whatever action is taken. Any appeal from the city manager's decision shall be to court having
jurisdiction and must be perfected by filing the same within 10 days of the issuance date of the
city manager's decision or be barred. The city manager may; delegate any of his or her
responsibilities under this section. (Ord. 653 § 6, 2000; Ord. 576 § 6, 1993)
4r 8,1 .0060Payment of civil penalties required.
The city manager may; authorize the city attorney to collect the fees by appropriate legal action.
The person responsible for payment of the civil penalties shall also be responsible for payment
of all costs incurred by the city, including reasonable attorneys° fees. (Ord. 576 § 7, 1993)
8.12.070 Automatic dialing device -Certain interconnections prohibited..
It is unlawful for any person to program an automatic dialing device to select any telephone line
assigned to the city. It is unlawful for any person to fail to disconnect or reprogram such device
within 12 hours of receipt of written notice from the chief of police to disconnect or reprogram
the automatic dialing device: Any person violating this section shall be guilty of a misdemeanor.
(Ord. 576 8„ 1 93)
8.12.080 Automatic reset required.
Within 180 days after the effective date of this section, all alarm systems maintained on any
premisesin the city shall have an automatic reset device which will cause the alarm to reset
after 10 minutes of continuous audible operation, Any alarm user failing to install such an
automatic reset device as required in this section shall be guilty of a misdemeanor. (Ord. 576
9, 193)
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