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HomeMy WebLinkAbout110617_ca02JEFFERSON COUNTY BOARD OF COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: David Stanko, Sheriff Art Frank, Chief Criminal Deputy DATE: November 6, 2017 SUBJECT: HEARING NOTICE re: Proposed Ordinance Regarding Emergency Alarm Systems; add a new chapter in the Jefferson County Code entitled "Faulty Security Systems"; Hearing scheduled for Monday, November 20, 2017, at 10:45 a.m. Commissioners' Chambers STATEMENT OF ISSUE: The purpose of this chapter is to regulate the maintenance, installation and operation of alarms in Jefferson County to improve their effectiveness and reduce the number of false alarms. ANALYSIS: The ownership or operation of a faulty security system in the unincorporated areas of Jefferson County is a public nuisance. FISCAL IMPACT: There is no cost to the Sheriff's Office, or the County, to implement the proposed ordinance. Violations of this chapter are subject to civil infraction penalties. RECOMMENDATION: Approve and sign the hearing notice setting a public hearing date on Monday, November 20, 2017, at 10:45 a.m. in the Commissioners' Chambers. This notice will be published in the Leader on November 8, 2017. r*WI: VirL: I 7 YA Philip Morley, Count ministrator Date Please publish once: November 8, 2017 Bill: Jefferson County Sheriff's Office 79 Elkins Rd Port Townsend, WA 98339 NOTICE OF PUBLIC HEARING TO ESTABLISH AN ORDINANCE REGARDING EMERGENCY ALARM SYSTEMS Notice is hereby given that pursuant to RCW 36.18.040(3) and RCW 36.32.107(7), a public hearing will be held on Monday, November 20, 2017, at 10:45 a.m. in the Commissioners' Chambers, Port Townsend, Washington for the purpose of taking written/oral testimony regarding an Ordinance which would, if enacted, regulate the maintenance, installation and operation of alarms in Jefferson County to improve their effectiveness and reduce the number of false alarms. Written public comments will be accepted through the close of the public hearing, addressed to the BoCC at P.O. Box 1220, Port Townsend, WA 98368 or by email at ieffbocc@co.iefferson.wa.us The proposed Ordinance contains the following sections: 8.80.010 Purpose. 8.80.020 Definitions. 8.80.030 Registration of Alarm Systems. 8.80.040 Public nuisance declared. 8.80.050 Required Corrective Action for False Alarms. 8.80.060 Penalties. 8.80.070 State statutes. 8.80.080 Severability. The public can view the complete text of the ordinance on-line at www.co.iefferson.wa.us Signed this 611 day of November, 2017 Kathleen Kler, Chair Jefferson County Board of Commissioners STATE OF WASHINGTON County of Jefferson In the Matter of An Ordinance Regarding ) ORDINANCE NO. Emergency Alarm Systems ) Whereas, Security and alarm systems when properly installed and maintained by reputable companies are of important assistance to law enforcement and a great benefit to the peace of mind of the citizens of Jefferson County and the protection of their personal safety and security of property; and Whereas,_Security systems exist in Jefferson County that are poorly designed, installed, or maintained, resulting in false alarms or the failure to give proper alarms in an emergency; and Whereas, False alarms draw Jefferson County sheriff s deputies and other emergency services to premises where they are not needed because no there is no emergency; and Whereas, When law enforcement responds to false alarms, public safety is put at risk because law enforcement cannot respond timely to emergencies or breaches of the peace; and Whereas, False alarms put law abiding citizens at risk when law enforcement reasonably, but falsely, believes that the response is to a residential burglar or other intruder when no emergency exists; and Whereas, False alarms waste law enforcement resources in time, vehicle use, and money which are better spent serving the public and the taxpayer; and Whereas, It is in the public health, safety, and welfare to regulate such automatic or semi-automatic communication alarms so that false alarms are prevented or reduced and that Jefferson County's communications devices are not unjustifiably prevented from service; and Whereas, The burden of the costs of false alarms should be borne by those who own or maintain faulty security systems and not by the public at large. Now therefore, Based on the findings of fact listed above, the Jefferson County Board of Commissioners has determined that chapter 8.80 should be added to the Jefferson County Code in the form attached as Appendix A. APPROVED and ADOPTED this day of 2017. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair David Sullivan, Member ATTEST: Kate Dean, Member Carolyn Gallaway Deputy Clerk of the Board Approved as to form only: Philip Hunsucker, Deputy PA APPENDIX A TO ORDINANCE NO. EMERGENCY ALARM SYSTEMS Chapter 8.80 FAULTY SECURITY SYSTEMS Sections: 8.80.010 Purpose. 8.80.020 Definitions. 8.80.030 Registration of Alarm Systems. 8.80.040 Public nuisance declared. 8.80.050 Required Corrective Action for False Alarms. 8.80.060 Penalties. 8.80.070 State statutes. 8.80.080 Severability. 8.80.010 Purpose. The purpose of this chapter is to regulate the maintenance, installation and operation of alarms in Jefferson County to improve their effectiveness and reduce the number of false alarms. 8.80.20 Definitions. (1) "Alarm" means a signal, transmission or other communication advising the Sheriff of an emergency to have Jefferson County dispatch emergency services. (2) "Automatic alarm" means a device of whatever nature capable of automatically, without human action, requesting (implied or directly) Jefferson County dispatch emergency services. (3) "Emergency" means a situation where there is a need or reasonable cause to believe there is a need, for emergency services. "Emergency" shall include, but is not limited to burglaries, robberies and fires. (4) "Emergency services" means services provided by Jefferson County or other agencies in response an immediate need for service to address public health and safety concerns. "Emergency services" includes law enforcement services, fire services, and medical services to address out-of-hospital acute medical care, transport to definitive care, and other medical transport to patients with illnesses and injuries that prevent the patient from transporting themselves. (5) "False alarm" means a signal, transmission or other communication to the Sheriff whether intentionally made or not, to which it can reasonably be expected that the Sheriff will dispatch emergency services when, in fact, there is no need for emergency services nor is there reasonable belief for need of emergency services. (6) "Faulty security system" means an alarm that automatically summons emergency services when no emergency exists more than once in any 6 -month period. The summoning of emergency services may be by automatic telephone call directly to a police agency or dispatch center, or Security Company that in turn contacts a police agency or dispatch center, or it may be by creation of loud sounds or noises that cause others to telephone police agencies. (7) "Person" means any natural person, firm, partnership, joint stock company, unincorporated association, society, or corporation of any character. (8) "Registrant" means the person who holds a permit issued pursuant to this chapter. (9) "Security Company" means any individual, corporation, partnership, firm, or other legal entity that designs, installs, maintains electronic alarms, or operates a private communication center for receiving and transmitting emergency calls from alarms. (10) "Semi-automatic alarm" means a device of whatever nature capable of requesting (impliedly or directly) Jefferson County to dispatch emergency services; such a device may require human activation but shall not include telephone communication where a non -recorded, human voice requests emergency services. (11) "Sheriff' means the elected sheriff of Jefferson County or designee. 8.80.30 Registration of Alarm Systems The Sheriff shall maintain a central registrar of all persons maintaining an alarm within the unincorporated areas of Jefferson County. (1) Registration required. It shall be unlawful for any person within the unincorporated areas of Jefferson County to have or maintain on their premises an alarm, whether an automatic alarm or a semi- automatic alarm, unless the alarm is registered with the Sheriff and the registration fees required by this chapter are paid. (2) Registration application. An application for registration of alarms shall be made to the Sheriff on forms provided by the Sheriff and shall include: (a) name of the registrant; (b) address and telephone number of the registrant; (c) location of the alarm system on the premises of the registrant; (d) type of alarm (fire or burglary) being registered; and, (e) such other information as the Sheriff deems advisable for the protection of public safety. (3) Registration fee. The fee for registration of an alarm shall be twenty dollars ($20.00) and shall be made payable to the Jefferson County Auditor by certified check, cash or money order. An additional fee of twenty dollars ($20.00) shall be charged every twenty-four (24) months for an alarm after the original initial registration. No registration fee may be charged for for changes or amendments in registration information. No registration fee shall be charged to any entity of the state, county or municipal government. 8.80.040 Public nuisance declared. The ownership or operation of a faulty security system in the unincorporated areas of Jefferson County is a public nuisance. 8.80.50 Required Corrective Action for False Alarms. (1) A registrant is required to submit a written report to the Sheriff setting forth the cause of each false alarm, whether such alarm has been inspected by a Security Company, the corrective measures taken and such other information as the Sheriff may reasonably require to determine the cause of such false alarm. (2) The Sheriff may require necessary corrective action to prevent false alarms. (3) After four or more false alarms from one alarm within a 6 -month period, the Sheriff may declare that no further service will be provided to that alarm for 6 -months thereafter. 8.80.060 Penalties. Violation of this chapter shall constitute a civil infraction. Penalties shall be imposed according to the following schedule: (1) The first false alarm response to an alarm registered pursuant to this chapter shall not be subject to penalty. (2) The first false alarm response to an alarm not registered pursuant to this chapter shall incur a charge of $50.00. (3) The second response to a false alarm at a faulty security system shall incur a charge of $100.00. (4) Each false alarm response after the second response to a faulty security system shall incur a charge of $200.00, if the false alarm is the result of failure to take necessary corrective action proscribed by the Sheriff. (5) Four or more false alarms from one faulty security system within a 6 -month period shall make the faulty security system subject to abatement by removal or permanent deactivation. (6) The nonpayment of penalties issued pursuant to this chapter shall make the system subject to abatement by removal or permanent deactivation. 8.80.070 State statutes. Nothing in this chapter shall limit the Sheriff s or Jefferson County's ability to enforce state criminal or civil nuisance statutes with respect to faulty security systems. 8.80.080 Severability. If any portion of this chapter is held invalid to any person or circumstance, the remainder of this chapter and its application to any other person or circumstance shall not be affected.