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1797 - Ordinance - Repealing Ordinance 1171 and Reestablishing Use of Prively Owned Alarm Systemsc NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held July IO, 2000. ORDINANCE NO. 1797 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING ORDINANCE NO. 1171 AND REESTABLISHING THE USE OF PRIVATELY OWNED BURGLARY AND/OR ROBBERY ALARM SYSTEMS, DEFINING FALSE ALARMS AND OFFENSES IN CONNECTION WITH ALARM SYSTEMS, AND ESTABLISHING FEES AND PENALTIES. Copies of Ordinance No. 1797 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1797 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent July 19. 2000 Krusktihoundoub- ' I/' ORDINANCE NO. 1797 AN ORDINANCE OF THE CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON REPEALING ORDINANCE NO. 1171 AND REESTABLISHING THE USE OF PRIVATELY OWNED BURGLARY AND/OR ROBBERY ALARM SYSTEMS, DEFINING FALSE ALARMS AND OFFENSES IN CONNECTION WITH ALARM SYSTEMS, AND ESTABLISHING FEES AND PENALTIES. WHEREAS, the City Council of the City of Port Orchard provided the use of privately owned burglary and/or robbery alarm systems within the City of Port Orchard by adopting Ordinance No. 1171 on July 27, 1981. and WHEREAS, the City Council of the City of Port Orchard, desires to update the rules, regulations, and penalties for the use of privately owned burglary and/or robbery alarm systems within the City of Port Orchard, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 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. Ordinance No.1797 Page 2 of 3 (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. SECTION 2. 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. SECTION 3. 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 (1) hour after being notified by the Port Orchard Police Department to do so. SECTION 4. 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, tire 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 noti the Police of such apparent malfunction. SECTION 5, 9.22.030 Charges for false alarms. (1) In the case of a false alarm, in addition to any fines, penalties or other sanctions imposed pursuant to the provisions of Section 9.22.040 the owner of the business or residence upon which the alarm system is located shall pay to the City Clerk the response fee and provide the report set forth in this section. (2) In the case of the first false alarm response in any twelve (12) month period there will be no fee charged. Within 7 calendar days after the false alarm the owner of the business or residence shall file a report with the Chief of Police. 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 Chief of Police 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 (7) day period or to take the corrective action within 10 days after the false alarm. (3) Each subsequent false alarm in a twelve month period shall be a civil infraction. In addition to the civil penalty imposed by the Municipal Court, there shall also be a charge of $50.00 per incident response for the cost of the City response. The reporting requirement of section (2) above shall also apply to each false alarm. It is a civil infraction to fail to provide a complete report within the seven (7) day period or to take the corrective action within 10 days after the false alarm. Ordinance No.1797 Page 3 of 3 (4) In addition to the civil penalty and the incident response charge, if the written report is not timely provided, or after four (4) false alarms in any twelve (12) month period, the Chief of Police may order the disconnection of the alarm system unless the alarm system is required by law. Failure to disconnect the alarm system within ten (10) days afler notification by the Chief of Police to disconnect the system shall be a misdemeanor. SECTION 6. 9.22.040 Violation - Penalty. If a person is deemed to have committed an infraction, as identied 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. SECTION 7. SECTION 8. Ordinance No. 1171 is hereby repealed in its entirety. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. SECTION 9. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this day o July 2000. n - LESLIE J. WEATHERILL, MAYOR Sponsored by: - Councilman Stansbe