HomeMy WebLinkAboutord1982-033r-
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;1
DATE: Mav (3. 1982 INTRODUCED BY : Cole
PROPOSED BY: Sheriff
ORDANA*:CE NO. S2 -33
AN ORDINANCE RELATING TO THE REGULATTON
OF PRIVATELY -OWNED BURGLARY OR ROBBERY
ALARM SYSTEMS; ESTABLISHING PERMIT RE-
QUIREMENTS•. AND PRESCRIBING FEES AND
PENALTIES
WHEREAS, the County permits installation of privately -
operated alarm systems in the Bellingham- Whatcom County Joint Law
Enforcement Communications Center in order to allow law enforcement
agencies to respond promptly to bona fide emergencies; and.,
WHEREAS, there is at present no comprehensive regulatory
ordinance that governs the installation, operation and maintenance
of burglary or robbery alarms; and,
WHEREAS, the Sheriff's Department experiences substantial
difficulties due to inadvertent false alarms and, as a result there f_,
the County expends valuable financial and police resources in re-
sponding to such alarms; and,
WHEREAS, there is a resultant need to establish a regu-
latory system, to authorize a method for recouping,the costs of
inadvertent false alarms, and to impose penalties for the inf_ractio
of the regulatory ordinance; and,
WHEREAS, the law enforcement agencies throughout Whatcom
County desire the enactment of a uniform ordinance governing the
operation of private alarm systems;
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES ORDAIN:
That a new chapter of the Whatcom County Code, to be
designated Chapter 5.60, Regulation of Privately -Owned Burglary or
,Robbery Alarm Systems, is hereby enacted, to read as follows:
ccnm'rnrT r_ r_ n nlrl - r,-- P4,- ,;4- ;.---
Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
IIORDINANCE - 1.
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A. "Alarm system" means any electric or electronic
device with one terminal in the protected premises and the other
terminal in either the Communications Center, or other alarm
monitoring location, that is intended to provide the emerqency
services personnel of the County with notice of a robbery, burglar,
unauthorized entry, fire, or other emergency condition.
B. "Audible alarm system" means any device that is in-
tended to provide the emergency services personnel of the County
with notice of a robbery, burglary, unauthorized entry, fire, or
other emergency condition by means of an external bell or other
noise - making device, whether or not the audible alarm system is
also connected to an electric or electronic device communicating
with the Communications Center.
C. "Communications Center" means the Joint Law Enforce
ment Communications Center operated by the City of Bellingham and
W7hatcom County serving the emergency services agencies of V,7hatcom
County.
D. "False Alarm" means the activation of an alarm
system at a time when no unlawful entry is being committed or
attempted.
SECTION 5.60.020 - Alarm Systems Permitted; Fees.
The County Sheriff Department is authorized to provide
services for alarm systems, as follows:
A. Alarm systems may be installed in, or terminate at
the Communications Center in accordance with reasonable written
policies established by the Center's Operation Committee and ad-
ministrated by the Dispatch Supervisor. Those alarms which shall
be given priority consideration for installation shall include:
1. Premises required by law to have an alarm system in
operation;
2. Financial institutions;
IORDINANCE - 2.
r
1 3. Any premises owned and operated by an agency of
2 government, including Washington :state Liquor. ;Mores
3 4. Armories, arsenals, or other public or private
4 premises at which firearms are stored or sold;
5 5. Commercial or medical premises �ahere controlled
6 substances and other drugs are stored or sold; and
7 6. Other commercial and industrial premises.
8 E. Alarm systems serving private residences are not
9 favored, and shall not be installed in the Communication Center
10 except in accordance with the written policies of the Center's
11 Operations Committee.
12 C. Each alarm system served by the Communications Center
13 shall be subject to an annual service and maintenance fee, in addi.-
14 tion to any other fee or penalty authorized by this chapter. The
15 fee is payable in advance, on January 1 of each year, to the
16 Whatcom County Treasurer. New alarm systems installed during the
17 year will be charged at a monthly rate, payable in advance, and
18 prorated to the end of the current vear.
19 D. The annual amount of the service and maintenance fee
20 shall be set by resolution of the County Council. At least annuall%,
21 the Communications Center Executive Board shall recommend an appr_o
22 priate fee to the County Council, based on the actual costs incurre
23 by the County.
24 SECTION 5.60.030 - Automatic Telephone Messages Not
Allowed -- Permits for existing
25 TeleF ono Message Systems.
26 A. Commencing with the effective date of this chapter_, no
27 person shall use or shall cause to be used any telephone device or
28 telephone attachment that automatically selects a public telephone
29 trunk line of the County or of the Communications Center and then
30 reproduces a pre- recorded message to report an emergencv, except as
31 provided by this section.
32 B. Continued use of any telephone device or attachment that
O-RDINANCE - 3.
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K
was installed and operative prior to the effective date of this cha to
shall not be permitted unless the owner or user of the attachment
or device obtains a permit subject to reasonable policies established
by the Communication Center's Operations Committee, designed to
prevent the device from seizing or interfering with public access
to emergency services telephone lines. "'he permit shall. be issued
on written application to the Sheriff Department.
C. Nothing in this section shall preclude law enforcement
agencies from the utilization of specialized alarm equipment for
investigative or surveillance purposes, when such equipment involve
the use of pre - recorded messages and d-ialing and the use of County
or Communications Center trunk lines, provided that such law en-
forcement use has been authorized by the Whatcom County Sheriff,
SECTION 5.60.040 - False Alarms; Fees; Corrective Pction.
It is the policy of the County to prevent inadvertent false
alarms. To this end the Sheriff shall administer this Chapter as
follows:
A. For the first false alarm in any six -month period gen-
erated at a premises served by an alarm system, no fee shall be
charged. The person owning or occupying the premises served by the
alarm system shall, within three working days after notice to do so
make a written report to the Sheriff on forms provided by the Sheri
setting forth: The cause of the false alarm, the corrective action
taken, whether the system has been inspected by a trained servicema
and such other information as the Sheriff may reasonably require
order to determine the cause of the false alarm and any necessary
corrective action.
B. For the second false alarm in any six -month period, no
fee shall be charged. A. written report shall be required of the
owner or occupant of the premises served. by the alarm system, as in
the case of the first false alarm. in addition, the Sheriff
is authorized to inspect the alarm system at the premises, and to
I OP_DINrNCE - 4.
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prescribe necessary corrective action by written notice to the owner
or occupant of the premises served by the alarm system.
C. For the third false alarm during any six - -month period,
and for any subsequent false alarm within six months of such third
false alarm, the Sheriff shall impose a fee in an amount set by
County Council resolution as reimbursement for the costs of respons,.
The fee shall be paid by the owner or occupant of the premises
generating the false alarm. Billings for the fees shall. be directed
through the Whatcom County Treasurer on a Quarterly basis, using an
itemized list showing the date and time of each false alarm for
which the fee is imposed.
D. Owners or occupants of premises causing false alarms
shall report all such false alarms to the Sheriff, whether or not
false alarm is directly received by the Communications Center, in
order that corrective measures may be taken.
C`Vf'T TnTT r, G!T 0C 0 _ TT-I - ,.., -F „l 7, -4-.-
It is a misdemeanor for any person to:
A. Have or maintain on any premises an audible alarm syst
unless there is posted at the main entrance to such premises a
prominent notice of the telephone numbers at which the person or
persons authorized to enter the premises and turn off the alarm ca
be reached at all times; or to
B. Fail to turn off any audible alarm system within one
hour of being notified to do so; or,
C. Upon notifying the Sheriff Department of an inadvertent
false alarm apparently caused by an electrical or other malfunction
of the alarm system, to fail to also notify the Sheriff. Department
of the apparent malfunction.
SECTION 5.60.060 - Nuisances declared - Pbatement.
A. The following are declared to be nuisances in violatio
of this chapter:
ORDINANCE - 5.
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1. Any alarm system for which the annual fee required
by Section 5.50.020 remains unpaid for more than six
months.
2. Any automatic telephone message device operated
without the permit required by Section 5.50.030.
3. Any alarm system for which a false alarm fee im-
posed pursuant to the provisions of Section 5.60.040 re-
mains unpaid for more than 30 days after its due date.
4. Any alarm system for which corrective action directed
by the Sheriff pursuant to the provisions of
Section 5.60.040 is not taken with 90 days.
B. Alarm systems declared to be nuisances under this secti n
shall be abated in the manner provided for abatement of nuisances
under the County or State law.
SECTION 5.60.070 - Severability.
If any provision of this chapter or its application to any
person or circumstance is held invalid, the remainder of the
Chapter or the application of the provision to other persons or
circumstances is not affected.
PASSED this 3rd day of June 1982.
uhAT O r COUNTY coUr
CIL
WHATCOM COUNTY, WASHIN (--TnN
ATTEST:
CLERK OF THE CO NCIL
APPRO�7ED AS TO FORM:
; =LIPP°. P. ROHEL ,
Council Chairperson
( APPP.O�7ED ( ) VFTCE:_
a
JOH LOWS,
County Executive
BRUCE_ L. DISEDT.D,
Date: Junec 7 , 1932
Deputy Prosecuting Attorney
Published May 23, and
This ordinance becomes effective on
ORDINANCE - 6.
June 11, 1982
June 17. 1.982