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HomeMy WebLinkAbout04 1120 17CS STATE OF WASHINGTON County of Jefferson In the Matter of An Ordinance Regarding ) ORDINANCE NO. 04-1120-17 Registration and Regulation of 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 alarm 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, with fees to be added to the Jefferson County Code Appendix Fee Schedules. APPROVED and ADOPTED this 20th day of November, 2017. . _,_ . ,.y 'r i, w J/it r N ATTEST: arolynt allaway Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF Kate Dean, Approved as to form only: Philip Hunsucker, Deputy PA APPENDIX A TO ORDINANCE NO. 04-1120-17 EMERGENCY ALARM SYSTEMS Chapter 8.80 REGISTRATION AND REGULATION OF ALARM 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 alarm 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 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 alarm 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 alarm system shall incur a charge of $100.00. (4) Each false alarm response after the second response to a faulty alarm 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 alarm system within a 6 -month period shall make the faulty alarm 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 alarm 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. Regular Agenda —10:45 a.m. JEFFERSON 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 20, 2017 SUBJECT: PUBLIC HEARING re: Proposed Ordinance Regarding Emergency Alarm Systems; add a new chapter in the Jefferson County Code entitled "Faulty Security Systems" 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: Take public comments on the proposed ordinance. Approve ordinance to establish a New Chapter in the Jefferson County Code entitled "Faulty Security Systems" REVIEWED BY: Pflip Mori County Administrat r Date