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HomeMy WebLinkAboutORD 4852Amends ORD #'s 2831, 4257 & 4298 Repealed by ORD 5509 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4852 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS); AND CHAPTER 3, ALARM SYSTEMS, OF TITLE VI (POLICE REGULATIONS); OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY CREATING DEFINITIONS, SETTING NEW LIMITS FOR THE NUMBERS OF FALSE ALARMS AND PENALTIES FOR FALSE ALARMS, IMPOSING A FEE SCHEDULE FOR EXCESSIVE FALSE ALARMS AND REQUIRING REGISTRATION FOR ALL PREMISES PROTECTED BY AN ALARM SYSTEM. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-1-2.G of Chapter 1, Fee Schedule, of Title V, Finance and Business Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: G. Miscellaneous Charges for Police Services: Police Reports (1-10 pages) 5.00 Over 10 pages to 20 pages 15.00 Over 20 pages 25.00 Certification of Copy of Report 1.00 Notarized Copy of Report 5.00 Record Checks (Written Response) 5.00 Letters of Clearance 5.00 Photographs (Blk/Whi or Color)/each 3.00 1 ORDINANCE NO. 4852 Fingerprint Cards (not classified) 5.00 Each additional card 1.00 Miscellaneous Special Requests 5.00 Daily Charge for Walk-In Conimitment 35.00 SECTION II. Chapter 1, Fee Schedule, of Title V, Finance and Business Regulations, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding a new section, 5-1-4, to read as follows: Schedule of Fines for False Alarms Amount First, second and third false alarms no charge Fourth and fifth false alarms in a registration year $ 50.00/each (Jan 1 through Dec 31 each year) Sixth false alarm and successive false alarms in a registration year $100.00/each (Jan 1 through Dec 31 each year) Registration Fee (One time only fee) per owner $ 0.00 Late Registration Penalty $ 50.00 Late False Alarm Payment Penalty $ 25.00 Appeal Hearing Cancellation Fee $ 10.00 SECTION III. Chapter 3, of Title VI (Pohce Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: CHAPTER 3 BURGLAR ALARMS Definitions Alarm Users Registration Required Service Charges for Excessive False Alarms No Response to Excessive False Alarms Additional Duties of Alarm User Alarm Business Duties Non-Permitted System and Uses Special Registrations Administrative Hearing SECTION: 6-3-1 6-3-2 6-3-3 6-3-4 6-3-5 6-3-6 6-3-7 6-3-8 6-3-9 2 ORDINANCE NO. 4852 6-3-10 6-3-11 6-3-12: Outside Audible Fire Alarm Systems Violations/Penalties Severability. 6-3-1: DEFINITIONS: Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter: A. Alarm Business: The business by any individual, partnership, corporation, or other entity of selling, leasing, mamtaining, monitoring, 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 on real property. B. Alarm Dispatch Request: Alarm dispatch request means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular alarm site. C. Alarm Site: Alarm site means a single fixed premises or location served by an alarm system or systems. Each tenancy, if served by a separate alarm system in a multi-tenant building or complex, shall be considered a separate alarm site. D. Alarm System: Any system, device or mechanism which, when activated, transmits a signal or message to a private monitoring company or to some other entity, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device or mechanism primarily protecting a motor vehicle, or a medical alarm. E. Alarm System Monitoring Company: Alarm system monitoring company is an alarm business that offers monitoring of an alarm system for purposes of notifying the Police or Fire Departments. F. Alarm User: Any person, firm, partnership, association, corporation, company, or organization of any kind from whom a registration is required under this chapter who/which uses or is in control of any alarm system at its alarm site. G. Automatic Dialing Device: A device that is interconnected to a telephone line 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. Such a device is an alarm system. H. Burglary Alarm System: An alarm system designed or used for detection and reporting of an unauthorized entry or attempted unauthorized entry upon real property protected by the system. I. Department. The City of Renton Police Department. 3 ORDINANCE NO. 4852 J. Department's Communication Center: The Department's dispatch center which receives requests for service for police and fire. K. Economically Disadvantaged Person: A person receiving pubhc assistance. L. Engaging in Business Activities: An alarm system monitoring company is engaging in business activities if it offers monitoring of an alarm system, for purposes of notifying the Police or Fire Departments, and the system being monitored is located within the City of Renton. An alarm business is engaging in business activities if it conducts any of the activities identified in RMC 6-3-1 A, within the City of Renton. M. False Alarm: The activation or attempted activation of any burglary and/or robbery alarm system when no crime is being committed or attempted on the premises. An alarm shall be presumed to be false if the pohce officers responding do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have caused the alarm to sound, but does not include alarms caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. N. Interconnect: To connect an alarm system including an automatic dialing device 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 the activation of the alarm system. O. No Response: Pohce officers will not be dispatched to investigate a report of an Alarm Dispatch Request. P. Panic/Trouble Alarm: An alarm system designed or used for alerting pohce of the need for immediate assistance or aid in order to avoid injury or serious bodily harm. Q. Person: A human being, business, corporation, partnership, or other business enterprise. R. Pohce Chief: The Chief of the City of Renton Pohce Department. S. Pohce Department: The City of Renton Pohce Department. T. Premises: Any area or building and any portion of any area or building protected by an alarm system. U. Registration Year: January 1 to and including December 31. V. Robbery Alarm System: An alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death. 4 ORDINANCE NO. 4852 W. Special Alarm User: A person who is required by federal, state, county, or municipal law, regulation, rule or ordinance to install, maintain and operate an alarm system. X. System Subscriber: Person, corporation, firm, partnership, association, company, organization or other business entity who purchased or contracted for any alarm system. Y. Verification: An attempt by an alarm company, or its representative, to contact the alarm site by telephonic or other electronic means, whether or not actual contact with a person is made, before an alarm dispatch request is made. 6-3-2: ALARM USERS' REGISTRATION REQUIRED: A. No person shall operate or use an alarm system on any premises under that person's control, within the City of Renton, without first having obtained from the Pohce Department a separate registration for each premises protected by an alarm system. B. The Pohce Department may not respond to any caU to an alarm from an alarm system for which a registration has not first been obtained. Except: the pohce may respond to one such call and thereafter notify the alarm user that there may be no future pohce response until registration is first obtained. C. For the purposes of this section, a person shall be deemed to be an operator or user of an alarm system if: 1. The person controls both the alarm system and the premises upon which it is installed, or 2. The person controls the premises and is the subscriber, client or tenant of the system subscriber, or 3. The person is the system subscriber or alarm user. D. All persons required to obtain a registration must complete a registration apphcation form which is provided by the Pohce Department Information required to be provided on the registration apphcation form includes, but is not limited to: 1. Name, address and telephone number(s) of subscriber and/or alarm user; 2. Names and telephone numbers of three (3) additional persons who may be able to respond in the event of alarm activation in the absence of the alarm user and said persons may provide access to the premises and be able to deactivate alarm, or said persons may provide information on who to contact for access; 3. The electrical inspection permit number, where apphcable; 5 ORDINANCE NO. 4852 4. The name of the alarm business responsible for maintenance; 5. The information required in paragraph 3 of this subsection shall not apply to alarms which are installed in residential units; 6. The information required in paragraph 3 of this subsection shall not apply to (a) existing alarms or (b) alarms which are installed in multiple-tenant buildings. E. Failure to complete the required information will result in denial of the registration. F. Each registration shall be given a number which shall not be transferable. G. Completed applications for an alarm user's registration and a fee as set forth in the Fee Schedule shall be filed with the Pohce Department, except that no fee shall be charged for alarms installed prior to enactment of this chapter if a registration apphcation for such existing alarm system is filed within ninety days after enactment of this chapter. H. A late registration penalty as set forth in the Fee Schedule will be charged, in addition to the fee provided in subsection G, to a user who fails to obtain a registration v^thin 30 days after the system becomes operative, or to a current user who fails to obtain a registration as provided in subsection G. I. Registration fees shall be payable to the City of Renton and deposited into the City's General Fund to be used exclusively for the direct or indirect support of law enforcement activities. J. Any person who owns, operates, or possesses any alarm system within the City of Renton, which does not conform to the requirements of this chapter, shall disconnect that alarm and render it inoperable or alter it in accordance with this chapter no later than Dec. 31, 2000. K. If a residential alarm user is over the age of 62, or is an economically disadvantaged person and is a resident of the residence, and if no business is conducted in the residence, a registration may be obtained from the Pohce Department according to City Code Section 6-3-2.D without the payment of a fee. L. The fohowing shall be required to obtain a registration under this article, but shall not be required to pay any registration fee: Businesses which are non-profit organizations, including but not limited to religious, civic, charitable, benevolent, non-profit, cultural, governmental or youth organizations. M. Alarm user shall notify Pohce Department, within ten days, of any change of information from that contained on the registration apphcation. 6 ORDINANCE NO. 485? 6-3-3: SERVICE CHARGES FOR EXCESSIVE FALSE ALARMS: A. Service charges will be assessed by the Pohce Department for excessive false alarms during the registration year according to the schedule of fines found at RMC 5-1-4. B. The Pohce Department shall notify the alarm user and the alarm business by regular mail of the fourth false alarm, the fine and the consequences of the failure to pay the fine. The Pohce Department shall also inform the alarm user of the right to attend an Alarm User's class OR appeal the validity of the false alarm determination, as provided in City Code Section 6-26-9E. If the fine has not been received in the Pohce Department and the alarm user has not registered for an "Alarm User" class or there is no appeal pending on the vahdity of the false alarm, the Pohce Department shall send the notice of fine by certified mail along with a notice of late fee as set forth in the Schedule of Fines. If payment is not received within fifteen days of the day the notice of late fee was mailed, the pohce chief may initiate the No Response process. The pohce chief shall provide notice as required by § 6-3-4.B. C. The fine for the fourth false alarm shall be waived for any alarm user who registers and successfuUy completes an Alarm User class. Subsequent false alarm fines will remain the same for false alarms received after the Alarm User class. 6-3-4: NO RESPONSE TO PROCESS: A. After the sixth false alarm in a registration year, or the failure to pay any outstanding fines, the Pohce Department shall send a notification to the alarm user by mail, which will contain the following: 1. That the sixth false alarm has occurred or that there is an unpaid fine; 2. That if any additional false alarms occur within the remainder of the registration year, or if the outstanding fine remains unpaid: the pohce will not respond to any subsequent alarms without the express approval of the pohce chief, and the Alarm User Registration may be revoked; 3. That the approval of the pohce chief can only be obtained by applying in writing for reinstatement. The pohce chief may reinstate the alarm user upon finding that reasonable effort has been made to correct the false alarms which includes consideration of a letter from user's alarm company, duly registered to do business in the City of Renton, which states the alarm system is operating properly and the alarm user's agents are properly trained in the alarm system operation, and full payment has been made for any outstanding fees due to the City of Renton for false alarms. The City of Renton shall not be responsible for any costs incurred by the user to qualify for reinstatement; 7 ORDINANCE NO. 4852 4. That reinstated users will be billed for any false alarm responses after reinstatement, and the registration may be subject to further revocation after any additional false alarm responses during the remainder of the registration year. Registrations will not be reinstated if there are any outstanding fees or service charges due; 5. That the alarm user has the right to contest the vahdity of a false alarm determination through an appeal hearing as set forth in City Code Section 6-3-9; and 6. In the event the No Response process has been initiated solely due to non-payment of fines, the pohce chief will reinstate the alarm user upon finding that all outstanding fines have been paid. B. After the sixth false alarm within a registration year, there will be no pohce response to subsequent alarms without approval of the pohce chief. After the sixth false alarm, the pohce chief shall send a notification of the suspension to: 1. The Department's Communications Center; 2. The Department; 3. The alarm user, by certified mail; and 4. The persons listed on the alarm user's registration who are to be contacted in case of an emergency, by certified mail. C. The suspension of pohce response to an alarm shall begin no sooner than ten days after the date of dehvery of the notice of suspension of service to the alarm user unless a written request for a False Alarm Vahdity Hearing has been made in the required time period as set forth in City Code Section 6-3-9. 6-3-5: ADDITIONAL DUTIES OF ALARM USER: A. The premises shall display the street address at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible and readable from the exterior of the premises. B. If requested to do so by the Department, the alarm user or his or her designee shall respond to a premises fohowing activation of an alarm system for which a registration has been issued within a reasonable time, and in any event, within one hour after said notification. 6-3-6: ALARM BUSINESS DUTIES: A. Every alarm business engaging in business activities in the City of Renton shall: 1. Be registered to do business in the City of Renton. 8 ORDINANCE NO. 4852 2. Submit standard user form instructions to the pohce chief. If the pohce chief finds the instructions are incomplete, unclear, or inadequate, the pohce chief will require the alarm business to revise the instructions to comply with City Code Section 6-3- 6.A.3, and then to distribute the revised instructions to its alarm users. 3. Provide the pohce chief information about the nature of its property alarms, burglary alarms, robbery alarms and panic alarms, its method of monitoring, its program for preventing false alarms and its method of disconnecting audible alarms. 4. Furnish the user with instructions that provide information to enable the user to operate the alarm system at any time. The alarm business shall also inform each alarm user of the requirement to obtain a registration and where it can be obtained, and the consequences of the failure to register. B. Every alarm system monitoring company engaging in business activities in the City of Renton shall: 1. Estabhsh a process for alarm verification. The verification process shall not take more than five minutes, calculated from the time that the alarm signal has been accepted by the alarm business monitoring the system, until a decision is made whether to call for a police dispatch. The means of verification may include one or more of the fohowing: a. The establishment of voice communication with an authorized person at or near the premises who will indicate whether or not the need for immediate pohce assistance or investigation exists; b. A feature that permits the alarm system user or a person authorized by the user to send a special signal to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company from calling for a pohce dispatch; c. The installation of a video system that provides the alarm system monitoring company, when the signal is received, with the ability to ascertain that activity is occurring which warrants immediate pohce assistance or investigation; d. A confirmation that a signal reflects a need for immediate pohce assistance or investigation either by the alarm system user or a person at or near the premises before dispatching pohce; or e. An alternate system that the pohce chief determines has, or is likely to have, a high degree of reliability. 9 ORDINANCE NO. 4852 3. Coordinate with the Department's Communication Center to develop a process to cancel an alarm dispatch that is consistent with the Communication Center's standard operating procedures. 4. When requesting an alarm response, provide the Department's Communication Center with the registration number for that premise. The Department need not respond if the registration number is not provided. 6-3-7: NON-PERMITTED SYSTEM AND USES: A. No person shall operate or use an alarm system which emits an audible sound where such emission does not automatically cease within 5 minutes. Nothing in this section shall limit the duration of a fire or other evacuation alarm during a bona fide emergency when the sound may assist in saving life or avoiding injury. B. No person shall use an alarm system to protect more than one business and/or private residence without receiving a separate registration for each business and/or private residence to be protected. C. No person shall operate or use any alarm system for which the registration has been revoked or has not been obtained. Except: where notification to the Fire Department is interconnected in the same alarm system, the alarm may be activated but there will be no pohce response until registration is obtained. D. No person shall operate or use any alarm system which automaticaUy dials the Department directly and delivers a prerecorded message. 6-3-8: SPECIAL REGISTRATIONS: A. An alarm user required by federal, state, county or municipal law, regulation, rule or ordinance to install, maintain and operate an alarm system shall be subject to the alarm system regulations, provided: 1. A registration shall be designated a Special Alarm User's Registration. 2. A Special Alarm User's Registration for a system that has five false alarms in a registration year shall not be subject to the no response procedure but is still required to pay the penalty fees and service charges. B. An alarm user that is a governmental political unit shall be subject to this chapter, but a registration shall be issued without payment of a fee and shall not be subject to service charges or the imposition of any penalty provided herein. 10 ORDINANCE NO. 4852 6-3-9: ADMINISTRATIVE HEARING: A. An alarm user may appeal the validity of a false alarm determination to the pohce chief. The appeal shall be in writing and shall be requested within ten days of the notice of penalty received from the Pohce Department or pohce chief. Failure to contest the false alarm determination in the required time period results in a conclusive presumption for all purposes that the alarm was false. B. If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the pohce chief, by certified mail, at least ten days prior to the date set for the hearing, which shall not be more than 21 nor less than ten days after the filing of the request for hearing. C. The hearing shah be before the pohce chief or his/her designee. The alarm user and a representative of the Pohce Department shall have the right to present written and oral evidence. If the pohce chief or his/her designee determines that the false alarms alleged have occurred in the same registration year, he/she will issue written findings waiving, expunging or entering the false alarm designation on an alarm user's record. If false alarm designations are entered on the alarm user's record, the Pohce Department shall pursue the coUection of the penalty fines. If the civil penalty is not found to be proper, then the alarm user shall bear no costs. D. If a hearing is canceled more than ten days after its request, then a cancellation fee, as set forth in the Fee Schedule, must be paid in addition to the amount of the civil infraction. E. The decision made by the Administrative Hearing Officer may be appealed to the King County District Court. The appeal must be filed within 30 calendar days from the date of the decision of the Administrative Hearing Officer. 6-3-10: OUTSIDE AUDIBLE FIRE ALARM SYSTEMS: A. No provision of this chapter shall in any way prohibit, curtail or limit the use of outside audible fire alarm systems now in use which are activated by heat or by lack of water pressure or similar means. B. No disconnection of any existing alarm system shall be ordered as to any premises which by law is required to have an alarm system in operation. 6-3-11: VIOLATIONS/PENALTIES: A. In addition to the penalties and regulations provided herein, any person who violates any provisions of this chapter shall be found to have committed a civil infraction. Except that conduct which violates the now existing RCW 9.40.100 or 9A.84.040, or as those sections may be amended hereafter, shall be punished as provided therein. 11 ORDINANCE NO. 4852 6-3-12: SEVERABILITY: A. If any provision of this chapter or its apphcation to any person or circumstance is held invalid, the remainder of the chapter or the apphcation of the provision to other persons or circumstances is not affected. SECTION IV. This ordinance shall be effective upon its passage, approval, and 30 days after its pubhcation. PASSED BY THE CITY COUNCIL this 7th day of Angn.t , 2000. APPROVED BY THE MAYOR this 7th day of August ^ 2000 Approved a^Up form: Lawrence J. Warren, City Attorney Date of Pubhcation: 8/11/2000 (Summary) ORD.757:3/22/2000:as. 12