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HomeMy WebLinkAbout6216ORDINANCE NO. 6 2 1 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 9.30 OF THE AUBURN CITY CODE RELATING TO FALSE ALARMS WHEREAS, approximately 99% of alarm systems to which the Auburn Police Department responds are False Alarms which are reported to the Police Department by alarm companies; and WHEREAS, most False Alarms are the result of improper maintenance or improper or careless use of an Alarm System; and WHEREAS, alarm companies are able to control the number of False Alarms to which police response agencies must respond by appropriately and diligently screening alarms before calling them in to police response agencies; and WHEREAS, police response agencies must needlessly gear up to address alarm incident dangers when they respond to what is ultimately determined to be a False Alarm; and WHEREAS, all police response agencies and the public suffer the consequences that police officers responding to False Alarms are not available to carry out other police duties; and WHEREAS, in the interest of using limited police resources most effectively and efficiently, the number of False Alarms can and must be reduced; and WHEREAS, it is appropriate to adopt code provisions addressing alarm requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. That Chapter 9.30 of the Auburn City Code is amended to read as follows: Ordinance No. 6216 January 12, 2009 Page 1 of 25 Chapter 9.30 FALSE ALARMS Sections: 9.30.010 Bef+ned Definitions. 9.30.020 U^l°,~4ul whe;-Tenal#-y--#ee-. Administration; Fundinq; Increases in fees: Annual Evaluation. 9.30.030 Alarm Permits Required; Terms; Fees and Fee Collection. 9.30.040 Permit Application; Contents. 9.30.050 Transfer of Permit Prahibited. 9.30.060 Duties of Alarm Users. 9.30.070 Audible Alarms: Restrictions Disconnects 9.30.080 Duties of Alarm Installation Companies and Monitoring Companies. 9.30.090 Special Licensing of Alarm Installation and Monitorinq Companies. 9.30.100 Duties and Authority of the Alarm Administrator. 9.30.110 False Alarm Fees: Service Fees~ Late Fees. 9.30.120 Notice to Alarm Users of False Alarms and Suspension of Police Response. 9.30.130 Violation of Makinq Alarm Dispatch Request for Suspended Alarm Site. 9.30.140 Appeals of Determinations Regardinq Alarm Permits, Security Alarm License and Fees. 9.30.150 Reinstatement of Suspended Alarm Permits. 9.30.160 Suspension of Palice Response to an Alarm Site. 9.30.170 Revocation of Security Alarm License. 9.30.180 Police Department Response. 9.30.190 Confidentiality of Alarm Information. 9.30.200 Scope of Police DutV; Immunities Preserved. 930.210 Alternate Enfarcement. 9.30.010 ~efined Definitions. For the purpose of this chapter, and to the paint consistent with their context, the teFrn " " , nnmmit#ed or Qttpq~r~to_~~ ,n,,,rnri~s nrton nn firc ovic~tc~ nn tho .....r, r,. NTe.: ;„°ses-as-deteFrnan , GffnGer aF;+.~~ Qn t"° nr°m;°°°.following terms and definitions applv: A. Alarm Administrator means the representative af the private alarm consulting company engaged bv the Citv pursuant to an aqreement appraved by the Chief of Police to administer the provisians of this Chapter. Ordinance No. 6216 January 12, 2009 Page 2 of 25 B. Alarm Aqreement means the leqal cantract or agreement by and between the Alarm Installation Company andlor Monitorinq Company and the Alarm User. C. Alarm Agreement haldinq campany means the comeany, whether the Alarm Installation Company and/or Manitoring Companv holding the Alarm Agreement with the Alarm User. D. Alarm Installer Checklist means a check off list provided by the Alarm Administrator to the alarm installer to complete at each Alarm Site after the installation of an Alarm System and prior to its activation. E. Alarm Installation Company means a Person in the business of sellinq providing maintaininq servicing repairinq alterinq replacinq movinq or installinq an Alarm Svstem at an Alarm Site for compensation and includes individuals or firms that install and service Alarm Systems used in a private business ar praprietary facilit rL. F. Alarm Dispatch Request means a notification to the Police Department that an alarm, either manual or automatic has been activated at a particular Alarm Site. G. Alarm Response Manager (ARM) means a Person desiqnated by an Alarm Installation Company and MonitoringCompany to handle alarm issues for the company and act as the primarv paint of contact for the City's Alarm Administrator. H. Alarm Permit means a permit and Permit Number issued by the Alarm Administrator to an Alarm User which authorizes the operation af an Alarm S sv tem. 1. Alarm Site means a location served bv one or more Alarm Systems. In a multi-unit building or complex, each unit shall be considered a separate Alarm Site if served by a separate Alarm System. In a sin le unit buildinq that hauses two or more separate businesses with separate Alarm Svstems, each business will be considered a separate Alarm Site. J. Alarm System means a device or series of devices which emit or transmit an audible or remote visual or electronic alarm signal which is intended to summon police response. The term includes hardwired svstems and systems intercannected with a radio frequency method such as cellular or private radio siqnals, and includes Local Alarm Systems, but does not include an alarm installed in a mator vehicle, on one's Person or a system which will not emit a siqnal either audible or visible from the outside of the building, residence or beyand, but is designed solely to alert the occupants of a building or residence. K. Alarm User means any Person who has cantracted for monitorinq, repair, installation or maintenance service for an Alarm System from an Alarm Installation Company or Manitorin Company, or who owns or operates an Alarm Svstem which is not monitored, maintained or repaired under agreement. L. Alarm User Awareness Glass means a class conducted by the Alarm Administrator far the purpose of educating Alarm Users about the Ordinance No. 6216 January 12, 2009 Page 3 of 25 responsible use, operation, and maintenance of Alarm Systems and the problems created bv False Alarms. M. Alarm User List means a list provided by the Alarm User's Alarm Installation Company or if no Alarm Agreement exists between the Alarm User and an Alarm Installatian Companv, the Alarm User's Monitorinq Company. N. Arminq Station means a device that controls an Alarm Svstem. 0. Automatic Voice Dialer means any electronic, mechanical or other device which, when activated, is capable of beinq programmed to send a prerecorded voice message to a law enforcement agencv requestinq a police dispatch to an Alarm Site. P. Burglar Alarm means an alarm intended to identifv the presence of an intruder in either a business or residence. Q. Burglar Alarm Confirmation means a method by which an alarm Monitorinq Company shall verify a Burglar Alarm call prior to makinq a Burglar Alarm Dispatch Request. This _method requires at least one of the following types of acceptable verification for a Burglar Alarm call. 1. WITNESS AT SITE; who indicates criminal or suspicious activity_ 2. AUDIO VERIFICATION; that indicates criminal activitv. 3. VISUAL VERIFICATION (LIVE-TIME VIDEO); that indicates criminal activitv 4 SEQUENTIAL VERIFICATION (Two zone/device activation); The Sequential Verification allows far a variety of configurations that are acceptable as burglar alarm confirmation. It is the most common verification that is used. For residential systems, the Sequential Verification requirement only applies to alarm signals initiated from motion sensors. Single alarm signals from devices other than mation detectors will be eligible for a police response after Enhanced Call Verification, as defined herein, has been completed by the monitoring company." 5. TWO INDEPENDENT DETECTORS ACTIVATION 6. TWO ALARM SIGNALS WITHIN A 10 MINUTE TIME PER14D R. Burqlary Alarm Crime in Progress means a burglar Alarm Dispatch Re_guest reported by a Monitoring Campany that indicates a crime is in proqress based upon an audio, video or similar verification device installed at the Alarm Site. S. Business License means a Business License issued by Auburn Business License division to an Alarm Installation Company or Monitorinq Company to sell, install, monitar, repair, or replace Alarm Systems. The term Business License does not include a Securitv Alarm License issued bv the Police Department. T. Cancellatian means the termination af a police response to an Alarm Site after a dispatch request is made but before an officer's arrival at the Alarm Site. U. Conversion of Alarm User means the transactian or process which ane Alarm Installation Company or Monitoring Companv beqins the Ordinance No. 6216 January 12, 2009 Page 4 of 25 servicinp or monitoring of a previouslY unmonitored Alarm System or an Alarm Svstem that was previously serviced or monitared by another alarm compan rL. V. Customer False Alarm Prevention Checklist means a check off list provided by the Alarm Administrator to the Alarm Installer to provide to the Alarm User to complete prior to the activation of an Alarm System. W. Duress Alarm means a silent Alarm System signal qenerated by the entry of a designated code into an Arminq Station in order to signal that the Alarm User is beinq forced to turn off the svstem and requires an officer's response. X. Enhanced Call Verification means an attempt by the Monitoring Company, or its representative, to contact the Alarm Site and/or Alarm User and/or the Alarm User's desiqnated representatives by telephone and/or other electronic means whether or not actual contact with a Person is made to determine whether an alarm signal is valid before requestinq a police dispatch, in an attempt to avoid an unnecessary Alarm Qispatch Request. For the purpose of this Ordinance, telephone verification shall require, as a minimum, that a second call be made to a different number if the first attempt fails to reach an Alarm User who can properly identify themselves to determine whether an alarm signal is valid before requesting an officer dispatch. Names and numbers ar those contacted or attempted to contact, shall be pravided when requested. Y. False Alarm means an Alarm Dispatch Request to the Police Department which results in the respondinq officer finding no evidence of a criminal offense or attempted criminal offense after completinq an investigation of the Alarm Site. Z. Holdup Alarm means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in proqress. AA. Local Alarm System means an unmonitored Alarm System that annunciates an alarm onlv at the Alarm Site. BB. Monitarinq means the process by which a Monitaring Company receives siqnals from an Alarm Svstem and relays an Alarm Dispatch Request to the Police Department. CC. Monitorinq Company means a Person in the business of providinq Monitorinq services. DD. One Plus Duress Alarm means the manual activation of a silent alarm signal bv enterinq a code that adds one number to the last diqit of the normal arm/disarm code (e.q., normal code = 1234, one plus duress code = 1235). EE. Panic Alarm means an Alarm System signal generated by the manual activation of a device intended to signal a life threateninq or emeryency situation requiring an officer's response. FF. Permit Number means a unique individual number assiqned to an Alarm User as part of the reqistration of their Alarm Permit issued by the Police Department. Ordinance No. 6216 January 12, 2009 Page 5 of 25 GG. Person means an individual, corporation, limited liability companv partnership, assaciation, orqanization or similar entity. HH. Police, unless the context indicates otherwise, or Police Department means the Auburn Palice Department,. II. Protective or Reactive Alarm System means an Alarm System that produces a temporarv disability or sensory deprivation through use of chemical, electrical, sonic or other means, including use of devices that obscure or disable a Persan's vision. JJ. Responsible Partv means a Person capable of appearing at the Alarm Site upon request who has access to the Alarm Site, the cade to the Alarm System and the authoritv to apprave repairs to the Alarm Svstem. KK. Robbery Alarm means an alarm signal generated by the manual or automatic activatian of a device, or any system, device ar mechanism on ar near the premises intended to siqnal that a robbery is in proqress and that a Person is in need of immediate police assistance in order to avoid bodily harm, ingury or death. The term has the same general meaning as "Holdup Alarm or Duress Alarm." LL. Security Alarm License means the license issued bv the Police Department to an Alarm Installation Company or Monitaring Company to sell, install, monitar, repair or replace Alarm Svstems. The term does not include a Business License issued by City of Auburn. MM. SIA Gontrol Panel Standard CP-01 means the ANSI - American National Standard In stitute-a pp roved Security Industry Association - SIA CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system contral panels and their associated arming and disarming devices to reduce the incidence of False Alarms. Control panels built and tested to this standard bv Underwriters Laboratary (UL), or other nationally recognized testincorganizations are marked as follows: "Desiqn evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction." NN. Takeover means the transaction or process bY which an Alarm User takes aver control of an existinq Alarm System which was previously cantrolled by anather Alarm User. 00. Zones mean a division of devices inta which an Alarm System is divided to indicate the qeneral location from which an Alarm System si nq al is transmitted. (Ord. 5716 § 1, 2002; Ord. 5682 § 1, 2002.) 9.30.020 U„,^'°~A,~~l wh°^ °°R°'+y fAdministration; Funding; Increases in fees; Annual Evaluation. , , the#, , Ordinance No. 6216 January 12, 2009 Page 6 of 25 . A. Responsibilitv for administration of this section is vested with the Chief of Police. B. The Chief of Police shall desiqnate an Alarm Administrator to carry out the duties and functions described in this section C. Monies qenerated bv False Alarm fees and permit fees assessed pursuant to this chapter shall be dedicated for use by the Police Department for the administration of the provisions af this chapter. D. The fees set forth in this chapter shall be included in the City of Auburn Fee Schedule and mav thereafter be modified by City Council amendment to the Citv of Auburn Fee Schedule For purposes of this subsection, "fees" include any tvpe or class of fee and includes late fees E. The Alarm Administratar shall conduct an annual evaluation and analvsis of the effectiveness of this section and identify and implement administrative svstem improvements as warranted and shall recommend to the Chief of Police, Mavor and City Council suqgested chanqes to the Auburn City Code as warranted. (Ord. 5716 § 1, 2002; Ord. 5682 § 1, 2002.) 9.30.030 Alarm Permits Required; Terms: Fees and Fee Callectian. , , . . A. An Alarm User shall not aperate or cause to be operated any Alarm System without a valid Alarm Permit. A separate Alarm Permit is required for each Alarm Site havinq a distinct address or business name No Alarm System shall be activated until a Permit Fee and a completed Alarm Permit application for that Alarm Svstem has been received and approved by the Alarm Administrator. B. Owners of Local Alarm Systems are required to adhere to all sections of this ardinance and are subject ta all fees service fees suspensions penalties or other requirements that are applicable C. The fee for a new initial Alarm Permit shall be collected by the Alarm Installation Company and an Alarm Permit renewal fee shall be collected bv the Alarm Aqreement holdinq company and remitted to the City. D. Existinq Security Alarm Systems: 1. Anv securitv Alarm Svstem which has been installed before the effective date of this Ordinance shall be reqistered and a permit fee collected bv the Alarm Aqreement holdinq company within sixty (60) days after such effective date. Ninety days prior ta the effective date of this chapter, each alarm companv Ordinance No. 6216 January 12, 2009 Page 7 of 25 with monitored accounts shall pravide the Alarm Administrator with a complete list of active customers in the City of Auburn to assist the Alarm Administrator with creatinq and maintaining trackinq data. The customer data shall be provided electronicallv in a format acceptable to the Alarm Administrator and shall include the customer name, alarm site address billinq address and phone number. Addresses must be in a Coding Accuracy Support Svstem (CASS) Certified format, 2. The Alarm Aqreement holdinq company may throuah a mutual written aqreement have another Alarm Company provide the Alarm User's list and collect the Permit fee. 3. Failure to comqlv within thirtv (30) days after being notified in writinq from the Alarm Administrator will result in a fee of $50.00 per business dav until the Alarm Agreement holding company camplies with this requirement Failure to comply after ten (10) business davs will result in the suspension of the company's Securitv Alarm License. The City shall assess a reinstatement fee of $100.00 and an additional fee of $10.00 per permitted Alarm User, if users have been notified of the suspension in accardance with Sections 9.30.090 and 9.30.120 of the Cit rCode. E. New Security Rlarm Systems: 1. Anv Alarm Installation Company that installs a security Alarm Svstem on premises located within the City limits of Auburn shall notify the Alarm Administrator that a security Alarm System has been installed and send the Alarm Administrator the required information as listed in the Alarm Permit Application pursuant to Section 9.30.040 of this Chapter, includinq the appropriate reqistration permit fee collected from the Alarm User. 2. Failure of an Alarm Installation Companv to notify the Alarm Administrator of a new security Alarm System installation prior to the system's activation shall result in a$1QO.Q0 fine to the Alarm Installation Company. 3. The initial Alarm Permit Reqistration fee must be submitted to the Alarm Administrator at the same time as the reqistration application or an Alarm System Takeover. 4. It shall be the responsibility of the Alarm Installation Company to forward to the Alarm Administrator the application completed by the Alarm User, the notice of a new svstem and the appropriate Permit fees within seven (7) days of installation. F. Alarm Reqistration, Permit and Renewal Fees: 1. An Alarm Registratian shall expire one year from the date of issuance, and must be renewed annually by the Alarm Aqreement holdin~ company by submittinq an updated application and a registration permit renewal fee to the Alarm Administrator. The Alarm Administrator shall notify the Alarm Aqreement holdinq companv of the need to renew their registered customers within a reasonable timeframe, as determined by the Alarm Administrator, prior to the expiration of the reqistration on a monthly basis. It is the responsibility of the AI_arm Aqreement holding campany to submit the updated infarmation and Ordinance No. 6216 January 12, 2009 Page 8 of 25 renewal fees prior to the reqistration expiration date. Failure to renew shall be classified as use of a non-reqistered security Alarm System and subiect the Alarm Site to a suspension and late fees. 2. Reqistration Permit Fees shall be collected annually based on a one year permit period. Annual Permit and Renewal Fees required are as follows: Residential $24.00 Commercial $24.00 Residential Low Income Senior CitizenlDisabled Citizen $12.00 3. In order to qualify for the Residential Low Income Senior Citizen/Disabled Citizen rate, applicants shall meet the criteria called for to gualify for the Citv's Low Income Senior Citizen/Disabled Citizen utility discount per Section 13.24.010 of the City Gode be listed as the property owner ar lessee, and shall have the Alarm Agreement in his or her name. This Residential Low Income Senior Citizen/Disabled Citizen rate option applies only to residential Alarm Sites. G. Late fee. Alarm Agreement holding companies who fail to make pavment for an Alarm Permit prior to the registration expiration date will be assessed a late fee in the amount of $25.00. H. Refunds. No refund of a permit or permit renewal fee will be made. 1. Any Alarm Instal{ation Company that installs or activates an Alarm Svstem on premises within the City after the effective date of this ordinance shall have the Alarm User complete a Customer False Alarm Prevention Checklist and the installer shall complete an Alarm Installer Checklist. The Alarm Installation Company shall keep on file the completed checklist for up to one year after the activation of the Alarm System. Failure to complete the required checklists shall result in a$100.Q0 administrative fee qer incident against the Alarm Installation Campany. J. Upan receipt af a completed Alarm Permit application form and the Alarm Permit fee, the Alarm Administratar shall issue a permit or permit renewal to the applicant unless: 1. The applicant has failed to pay any fee assessed under this chapter; or 2. An Alarm Permit for the Alarm Site has been suspended, and the condition causinq the suspension has not been carrected; ar 3. The Alarm Installation Company and/or the Monitoring Company listed on the permit application do not have a current valid Securitv Alarm License issued by the Police Department. 4. Anv false statement of a material fact made by an applicant for the purpose af obtaininq an Alarm Reqistration shall be sufficient cause far refusal ta issue a registration Alarm Permit. K. Upon receipt of the permit application form and fee, the Alarm Administrator shall issue a permit and Permit Number to the Alarm User and their Ordinance No. 6216 January 12, 2009 Page 9 of 25 Monitorinq Companv which is valid one year. Renewal permits are valid for a one year period. L. Permit Number. A valid Permit Number for the Alarm Site is required for each request for a burglar alarm dispatch A burqlar alarm request without a valid Permit Number shall not be accepted for a police dispatch M. Exceptions. 1. Government entities, includinq but not necessarily limited to the Gitv of Auburn, County, State Federal and School District entities must obtain permits for all alarm systems on property under their cantrol within the corporate baundaries of the Citv of Auburn but are exempt from payment of permit and renewal fees. 2. All permit fee exempted alarm sites are required to obtain and maintain a valid Alarm Permit for police response and are subjected to all other fees and suspension enforcements. (Ord. 5716 § 1, 2002; Ord. 5682 § 1, 2002.) 9.30.040 Permit Application; Cantents. An application for an Alarm Permit must be on a form provided by the Police Department and must contain the followinq information: A. The name, complete address includinq apartment or suite number, and telephone numbers of the Person who will be the holder of the permit and be responsible for the proper maintenance and operation of the Alarm System and paYment of fees assessed under this subsection: B. The phvsical address and classification of the Alarm Site as either residential (includes apartment, condo mobile home etc.) or commercial; C. The classification of the Alarm System (i.e. burglaryholdup duress, Panic Alarm or other) for each Alarm System located at the Alarm Site and, for each classification, whether the alarm is audible ar silent; D. The applicant's mailing address, if different from the address of the Alarm Site; E. Anv danqerous or special conditions present at the Alarm Site such as guard doqs or Protective or Reactive Alarm System; F. A written notice from the Alarm User settinq farth the following: 1. Thedate of installation, conversion or takeover of the Alarm System, whichever is applicable; 2. The name, address, and telephone number af the Alarm Installation Companv or companies performinq the Alarm System installation conversion or takeover and of the Alarm Installation Company respansible for providinq repair service to the Alarm System; 3. The name, address, and telephone number of the Monitorinq Company if different from the Alarm Instaltation Company;. 4. That a set of written operatinq instructions for the Alarm System includinq written guidelines on how ta avoid False Alarms, have been left with the applicant by the Alarm Installatian Company; and Ordinance No. 6216 January 12, 2009 Page 10 of 25 5. That the Alarm Installation Company has trained the applicant in proper use of the Alarm SVStem includinq instructians on how to avoid False Alarms. G. An acknowledqement that the police response may be influenced by factors includinq, but not limited to the availability of afficers priority af calls traffic conditions, weather conditions emer ency conditions prior alarm historv, administrative actions and staffing levels 9.30.050 Transfer af Permit Prohibited. A. An Alarm Permit cannot be transferred to another Person or Alarm Site. An Alarm User shall inform the Alarm Administrator af an change to the information listed on the Alarm Permit application within ten (10) business davs after such change. B. Exceptions mav be made in the discretion of the Alarm Administrator when the transfer proposed is amonq members of the family of the oriqinal permit holder or successars in interest to the propertv for which the permit has been issued. 9.30.060 Duties of Alarm Users. A. An Alarm User shall: 1. Maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms; 2. Make everv reasanable effort to arrive at the Alarm System's location within 30 minutes after beinq requested bv the Monitoring Companv or Police Department in order to: (a) Deactivate an Alarm System• (b) Provide access to the Alarm Site; and/or (c) Provide alternative security for the Alarm Site. 3. Provide vour alarm company with the updated names and telephone numbers of at least two individuals who are able and have agreed to: (a) Receive natification of an Alarm System activation at any time; (b) Respond to the Alarm Site at anv time: and (c) Provide access to the Alarm Site and deactivate the Alarm System if necessarv. 4. Not activate an Alarm Svstem far anv reason other than an accurrence of an event that the Alarm System was intended to report B. No Person shall operate or cause to be operated any automatic dialinq device which, when activated uses a telephone device or attachment to automaticallv dial a telephone line leading into the Police Department or the City and then transmit anv pre-recorded message or signal. An administrative fee of $100.00 per incident will be accessed. C. An Alarm User shall keeq a set of written operatinq instructions for each Alarm Svstem at each Alarm Site. Ordinance No. 6216 January 12, 2009 Page 11 of 25 D. All Alarm Users shail aqree with their Alarm installation Companv or Manitorinq Companv to qo throuqh. an "acclimation period" for the first seven (7) davs after activation of a Burqlar Alarm System during which time the Alarm Installation Companv or Monitorinq Company will have no obligation to respond to, nor will it respond to any alarm signal from the Alarm Site or make an Alarm Dispatch Reauest to a police response agency, even if the alarm siqnal is the result of an actual alarm event. Exceptions to the "acclimation period" of non- response can be made by the Police Department in special circumstances includinq but not limited to domestic violence and stalkincL E. An alarm user shall have an alarm installation company inspect the alarm system after two false alarms in their one-year permit period ta modify the alarm svstem to be mare false-alarm-resistant or provide additional user traininq as appropriate. 9.30.070 Audible Alarms; Restrictions Disconnects. A. After the effective date of this Ordinance no Alarm System shall be installed, modified or repaired for use within the City of Auburn that has a siren bell or other audible siqnal that is audible from any property adjacent to the Alarm Site that sounds for lonqer than ten (10) consecutive minutes after the alarm is activated, or that reqeats separate audible cvcles more than three times from a sinqle alarm arminq event within any two-hour period. An administrative fee of $100.00 per incident will be assessed for each event of an alarm sounding for lonqer than ten (10) consecutive minutes after the alarm is activated or for repeated separate audible cycles of more than three times from a sinqle alarm arming event within any two-hour period. B. Audible alarm systems may be discannected by the City throuqh the use of anv means reasonable and necessary if the alarm does not autamaticallv shut off as described in subsection 9.30.070(A). The City or its emplovees or aqents shall not be responsible or liable for damage resultinq from such disconnection. 9.30.080 Duties of Alarm Installatian Companies and Monitorinq Companies A. Each Alarm Installation Company and Alarm Monitorinq Company must desipnate one individual as the Alarm Response Manager(ARM) for the company. The individual designated as the ARM must be knowledgeable of the provisions of this section, as well as have the knowledge and authority to deal with False Alarm issues and resaond to requests from the Alarm Administrator. The name, cantact number, and email address of the ARM shall be provided to the Alarm Administrator. Failure to desiqnate an ARM within thirtv (30) days after beinq notified in writinq from the Alarm Administrator may result in the suspension of the companv's Securitv Alarm License. The City shall assess a reinstatement fee of $100.00 and an additional fee of $10.00 per permitted user, if users have been natified of the suspension in accordance with Sections 9.30.090 and 9.30.120 of the City Code. Ordinance No. 6216 January 12, 2009 Page 12 of 25 B. Upon the installation or activatian of an Alarm System Alarm Installation Companies shall distribute to the Alarm User information summarizinq: 1. The requirements of this Ordinance relating to False Alarms; 2. The Permit Fee requirements and the potential for service fees and suspension of an Alarm Permit and 3. Strateqies on how to prevent False Alarms and proper operation of the Alarm Svstem. C. After the effective date of this Ordinance Alarm Installation Companies shall not proqram Alarm Systems so that they are capable of sending One Plus Duress Alarms. Monitorinq companies mav continue to report One Plus Duress Alarms received from Alarm Systems programmed with One Plus Duress Alarms installed prior to the effective date of this ordinance D. Upon the effective date of this 4rdinance Alarm Installation Companies shall not install modifv or repair "single action" devices for the activation of Duress, Hold-up Robberv or Panic Alarms New devices shall require two actians or an activation delay ta provide more positive assurance that the user intends to activate the device. E. Ninetv davs after the effective date of this ordinance an Alarm Installation Companv shall on new installations use only alarm control panel(s) which meet ANSI/SIA CP-01- Control Panel Standard - Features for False Alarm Reduction. F. An Alarm Company shall not use an automatic vaice dialer for anv Alarm Svstem which, when activated uses a telephone device or attachment to autamaticallv dial a telephone line leading into the Police Department or the 911 Dispatch Center or the Citv and then transmit any pre-recorded messaqe ar signal. An administrative fee of $100 00 per incident shall be accessed G. After completion of the installation of an Alarm System an emplovee of the Alarm Installation Companv shall review with the Alarm User the Customer False Alarm Prevention Checklist or an equivalent checklist approved bv the Alarm Administrator. The installer shall complete the Alarm Installer Checklist. H. Ensure that all Alarm Users of Alarm Systems eguipped with a duress, robberv, holdup or Panic Alarm has been provided adequate training as to the proper use of the alarm. 1. Each Installation Company must maintain for a period of at least one vear after the date of installation or activation of an Alarm System both the completed Alarm Installer Checklist and the Customer False Alarm Prevention Checklist. The Alarm Administrator may request copies of such recards far any individual Alarm User. If the request is made within 60 days after the Alarm Svstem's activation, the Alarm Installation Company shall furnish requested records within three (3) business days after receivinq the request If the records are requested between sixtv (60) days and one (1) year after the Alarm System's activation, the Alarm Installation Company shall furnish the requested records Ordinance No. 6216 January 12, 2009 Page 13 of 25 within thirtv (30) davs after receivinq the request Failure to comply with this subsection will incur a$50.00 service fee J. Monitorina Companv Requirements The Monitorinq Company Reauirements include the followinq_ 1_ A Monitorinq Companv shall not make an Alarm Dispatch Request to a Burglar Alarm siqnal durinq the first seven-day "acclimation period" after a Burglar Alarm Svstem installation or activation A Monitoring Company may make an Alarm Dispatch Request for a Hold-up Duress RobbeN or Panic Alarm. Exceptians to the "acclimation period" of non-response can be made by the Police Department in special circumstances includinq but not limited to damestic violence and stalkinq 2. Report alarm siqnals by usinq telephone numbers designated bv the Alarm Administrator. 3. Emplov Enhanced Call Verificatian and Burglar Alarm Confirmation on all Burglar Alarm Dispatch Request The Auburn Police Deqartment may refuse to accept an Alarm Dispatch Request from a Monitorinq Company that has failed ta complv with the procedures required bv Enhanced Call Verification and Burqlar Alarm Confirmation For residential systems the Sequential Verification requirement onlv applies to alarm sig.nals initiated from motion sensors. Sinale alarm siqnals from devices other than motion detectors will be eliqible for a police response after Enhanced Call Verificatian has been eompleted bv the monitoring campanv " 4. Communicate Alarm Dispatch Requests to the Police Department in a manner and form determined bv the Alarm Administrator. (a) A valid Permit Number is required for all alarm requests Failure to provide a valid Permit Number shall result in the call request not being acceqted for a police dispatch. (b) Provide zone(s) activation infarmation as part of the Sequential Verificatian process within the Burglar Alarm Confirmation procedures 5. Communicate Cancellations to the Police Department in a manner and form determined by the Alarm Administrator. 6. Communicate anv available information (north south front back door, window etc.) about the lacation of an alarm siqnal(s) as part of an Alarm Dispatch Request. 7_ Communicate the tvpe of alarm activation (silent or audible interior or perimeter) if available on any Alarm Dispatch Reauest 8. Notifv Communications (Dispatch) of any Alarm Site that it knows or reasonablv should know has guard doq(s) or is fitted with a Protective or Reactive Alarm Svstem. Durinq any alarm at such a site a Responsible PartY must be contacted and confirm that he or she will respond to the Alarm Site to disarm the device ar take control of the quard doq(s) In all cases where a guard doq or a protective-reactive device is present at an Alarm Site the police dispatch request shall include a warning for officers not to enter the Alarm Site Ordinance No. 6216 January 12, 2009 Page 14 of 25 until the Responsible Partv is present and has disarmed the device or taken contral the quard doa(s). 9. After an Alarm Dispatch Request promptly advise the Police Department if the Monitoring Companv knows that the Alarm User or a Responsible Partv is an the way to the Alarm Site10. Each Monitoring Company must maintain for a period of at least one vear after the date of an Alarm Dispatch Request all records relating to the Alarm Dispatch Repuest. Records must include the name address and telephone number of the Alarm User, each Alarm System zone activated the time of Alarm Dispatch Request and evidence of all attempts to verify. The Alarm Administrator mav request copies af such recards for any individual Alarm User. If the request is made within sixty (60) davs after an Alarm Dispatch Request, the Monitoring Company shall furnish requested records within three (3) business days after receiving the reauest If the records are requested between sixtv (60) days and one (1) year after an Alarm Dispatch Request the Monitoring Companv shall furnish the requested records within thirty (30) days after receivinq the request. Failure to comply with this subsection will incur a $50.00 service fee per request. 11. Each Monitoring Companv shall upon request immediately provide the Police Department with the names and phone numbers of the Alarm User's emerqency contacts at the time of each Alarm Dispatch Request K. Conversion of Alarm Users. An Alarm Installation Company or Monitoring CompanY that converts the servicinq of any Alarm Svstem account from another company shall notify the Alarm Administrator of such conversion and shall provide to the Alarm Administrator, within thirty (30) days from the date of conversianz an Alarm User List of the converted accounts in a format acceptable to the Alarm Administrator, that includes the following: 1. Permit Number. 2. Customer name. 3. Customer billinq address. 4. Customer telephone number. 5. Alarm Site address. 6. Alarm Installation Companv license number. 7. Monitoring Company License number. L. The customer lists described in subsection 9.30.080(D) above mav include confidential infarmation that may be protected from disclosure pursuant ta state law. . M. Failure to provide Alarm User Lists to the Alarm Administrator, as required in subsection (4) above will result in a fee of $50 00 per business day until the Alarm Installation Campany or Monitoring Company complies with the requirement. Failure to comply after ten (10) business days will result in the suspension of the company's Security Alarm License. The City will assess a reinstatement fee of $100.00 and an additional fee of $10.00 qer permitted user Ordinance No. 6216 January 12, 2009 Page 15 of 25 if users have been notified of the suspension in accordance with Sections 9.30.090 and 9.30.120 af the City Code N. Disconnected alarm users. An Alarm Installation Companv or Alarm Monitoring Companv that holds the Alarm Aqreement shall notify the Alarm Administrator once a month af all alarm customers within the limits of the City of Auburn that have discontinued their alarm service with the comaan}, 9.30.090 Special Licensinq of Alarm Installatian and Monitoring Companies A. Everv Alarm Installation Company and every alarm Monitorinq Company shall abtain an Auburn Security Alarm License from the Police Department and pav an annual prorated fee of $10 00 per each of their reqistered Alarm Users in the City up to a maximum payment of $100 00 Failure to pav the annual fee within 30 davs after notice shall result in a late fee of 25.Q0. B. The Securitv Alarm License required by this section must be obtained prior to or contemporaneous with the issuance or renewal of a Business License for the qeriod of time covered bv the Security Alarm License if applicable. C. The Alarm Installation Company shall provide the name address and phone number of anv Monitoring Companv that thev are using to monitor their Alarm Sites within the City and Monitoring Companies shall do the same for Alarm Installation Companies that they monitor Alarm Sites far that are within the City. D. If an person, firm entity or company does not have or maintain a current, valid Securitv Alarm License issued pursuant to this section it shall be presumed that the person firm entity or campany does not have need of alarm responses from the Police Department Depending an the circumstances the Police Department mav or may not resqond to any Alarm Dis2atch Request from anv Alarm Installation Company or Monitorin Company that does not possess a current, valid Securitv Alarm License issued pursuant to this section E. The Alarm Administrator shall notify all known Alarm Users subscribinq to an unlicensed Alarm Installation Companv or an unlicensed alarm Monitoring Company that the company is unlicensed and that the Palice Department will no lonqer respand to the user's alarms The City will assess the Alarm Installation Company or Monitoring Company a reinstatement fee of $100.00 and an additional fee of $10.00 per permitted user, if users have been notified. F. The fee imposed by this Section shall be in addition to the Business License fee and all other applicable fees levied by the City. 9.30.100 Quties and Authority of the Alarm Administrator A. The Alarm Administrator shall: 1. Designate the manner and form of Alarm Dispatch Requests and the telephone numbers to be used for such requests; and Ordinance No. 6216 January 12, 2009 Page 16 of 25 2. Establish a procedure to accept Cancellation of Alarm Dispatch Requests. B. The Alarm Administrator shall establish a pracedure to acauire and record information on Alarm Dispatch Requests including the followinq information: 1. Identification af the Alarm Site by address, apartment number, unit number, suite number and Business name or last name; 2. The date and time Alarm Dispatch Request was received including the name of the Monitorinq Company and the Monitorinq operatar's name or number; 3 Date and time of an officer's arrival at the Alarm Site; and 4. The alarm zone(s) and zone description. C. The Alarm Administrator shall establish and implement a procedure to notifv the Alarm User of a False Alarm. The notice shall include the followinq: 1. The date and time of an officer's response to the False Alarm; and 2. A statement urginq the Alarm User to ensure that the Alarm System is properly operated, inspected, and serviced in order to avoid False Alarms and resultinq False Alarm fees. 3. Any False Alarm fees incurred. D. The Alarm Administrator may require that a conference be held with an Alarm User and the Alarm Installation Company or Monitoring Company respansible for repairing or Monitorinq of the Alarm System to review the circumstances af each False Alarm. The conference may be held in person or through a conference telephone call, at the Alarm Administrator's discretion. Failure to participate will result in suspension of the Alarm Permit or the Security Alarm License, or both as indicated by the facts of the case. Reinstatement after compliance will reguire payment of permit reinstatement fees in accordance with Sections 9.30.030, 9.30.080, 9.30.090 and 9.30.150 of the City Code. E. The Alarm Administrator mav establish an Alarm User Awareness Class. The Alarm Administrator may request the assistance of associations, alarm companies and law enforcement aqencies in developing and implementinq the class. The class shall inform Alarm Users of the Alarm Ordinance; problems created by False Alarms and teach Alarm Users how to avoid creatinq False Alarms. The Awareness Class can be an electronic on-line school. F. If a false Robbery, Holdup or Panic Alarm has occurred and the alarm was tricyqered using a sinqle action, non-recessed device, the Alarm Administrator may consider a waiver or partial waiver of the False Alarm fee, if action is taken bv the Alarm User to remove ar replace the single action, non- recessed device. G. The Alarm Administrator will make a copy of this ordinance and/or an ardinance summarv sheet available to each Alarm User. 9.30.110 False Alarm Fees; Service Fees; Late Fees. Ordinance No. 6216 January 12, 2009 Page 17 of 25 A. False Alarm Service Fees. An Alarm User shall pay the followinq fees to the Alarm Administrator for police response to anv False Alarm durinq their one year permit period: 1. Burqlar False Alarm Service Fee: $100.00 for each False Alarm except as provided in subsection 9.30.110(K) of this Section; and 2. Robberv, Panic and Burglarv Crime in Progress False Alarm Fees: $200.00 for each False Alarm except as provided in subsection 9 30 110fK) of this Section. B. If a False Alarm fee is not paid within thirtv (30) days after the invoice is mailed, a late fee in the amount of $25.00 will be impased C. Fees for False Alarms by Non-permitted Alarm Systems. In addition to the fees set forth in subsections 9.30.110(A) and (B) a supplemental fee shall be impased upon anv person, firm, entity or company operating a Non-permitted Alarm Svstem in the amount of $200.00 for each False Alarm. D. Any Monitorinq Companv reauestinq an Alarm Dispatch Request for a Non-permitted Alarm System shall pay an administration fee of $100.00 per incident. If the fee is nat paid within thirtv (30) davs after the invoice is mailed a late fee in the amount of $25.00 is herebv impased on the Monitoring Companv. E. If Cancellation of police respanse accurs prior to the Police (7fficer's arrival at the Alarm Site, the response is not considered a False Alarm and no fee will be assessed. F. The Alarm Installation Company shall be assessed a fee of $100.00 if the officer respondinq ta the False Alarm determines that an emplovee of the Alarm Installation Company directly caused the False Alarm. Such False Alarms are not included in the total number of False Alarms for the Alarm User. G. A fee of $100.00 is hereby imposed aqainst any Monitorinq Company that fails to verify Alarm System siqnals as required in subsection 9.30.080(C)(3). H. A fee in the amount of $200.00 is herebv imposed against an Alarm Installation Campany if the Alarm Administrator determines that an employee of the Alarm Installation Company knowingly or recklessly made a false statement concerninq the inspection of an Alarm Site or the performance of an Alarm S sy tem. 1. Notice of the right of appeal under this ordinance will be included with notice of any fee. J. All reqistration fees, renewal registration fees, service fees or fines accessed under this section are due within thirty (30) days of written notice unless otherwise noted. A late fee of $25.00 shall be accessed for each individual reqistration fee due and all other fees due that are nat paid within thirtx 30 da s. K. In order ta provide an educational period prior to the application of the fees for everv false alarm as set forth in subsections 9.30.110(A) (1) and (2) of this Section, the fees for such false alarms shall not be imposed for the first Ordinance No. 6216 January 12, 2009 Page 18 of 25 faise alarm for anv alarm svstem durinq the first twelve months following the adoption of this Ordinance. 9.30.12_0 Notice to Alarm Users of False Alarms and Suspension of Police Response. A. The Alarm Administrator shall notifv the Alarm User in writing after each False Alarm. The notice shall include either a warninq or the amount of the fee for the False Alarm the fact that response will be suspended after the third False Alarm durinq the one year permit period (excludinq Duress Robbery, Holdup and Panic Alarms) and a description of the appeals procedure available to the Alarm User. ' B. The Alarm Administrator shall notify the Alarm User in writing and the apprapriate alarm installation company ar monitoring company bv electronic mail thirtv (30) davs before an alarm response is to be suspended The right of appeal under this ordinance will be included with the notice Suspension of alarm response in this subsection does not applv to Duress RobberyHoldup and Panic Alarms. The notice of suspension must also include any fee due and a description of the appeals procedure available ta the Alarm User and/or the Alarm Installation Company or Monitaring Companv 9.30.130 Vialation of Makinq Alarm Dispatch Request for Suspended Alarm Site. A. The Alarm Administrator shall notify the Police Department of each Alarm User whose Alarm Permit warrants suspension under the terms of this Chapter. The Alarm Administrator shall suspend an Alarm Permit if it is determined that: 1. The Alarm User has had three ar more false burglary alarms within the one vear permit period except that the Alarm Administratar may waive a suspension of a permit upon receipt of documented work orders showinq reasonable attempts to repair the Alarm System prior to the notice of suspension The Alarm Administrator may impose a one (1) week acclimation period upon reinstatement of the permit. 2. There is a false statement af a material fact in the application for a permit; or 3. The Alarm User fails or refuses to pay a Permit or Permit Renewal fee, False Alarm fee or late fee assessed under this section. B. It is a violation of this section for any person firm entity or company to operate a Burqlar Alarm System durinq the period in which the Alarm Permit is suspended. It is a violation of this section for a Monitorinq Company to make an Alarm Dispatch Request to a Burqlar Alarm Site after the Monitoring Companv's Alarm Response Manager (ARM) has been notified by electronic mail by the Alarm Administrator that the permit for that Alarm Site has been suspended. After three (3) business days of the ARM's notification the Monitorinq Company shall be assessed a$100.00 fee for the first dispatch report Ordinance No. 6216 January 12, 2009 Page 19 of 25 and $200.00 for each dispatch request thereafter within the same suspension period. If the fee is not paid within thirty (30) days after the invaice is mailed a late fee in the amount of $25.00 is hereby imposed on the Monitoring Compan rL C. If a person, firm, entity or company allows his/her/its Security Alarm License to laps or be suspended, unless an appeal has been timely filed it shall be presumed that the person, firm, entity or company does not have need of alarm responses from the Police Department. Depending on the circumstances the Police Department mav or may not respond to any Alarm Dispatch Request from any Alarm Installation Company or Monitorinq Company where the Security Alarm License is lapsed or suspended unless there is a separate indication that there is a crime in progress. 9.30.140 Appeals of Determinations Regarding Alarm Permits, Security Alarm License and Fees. A. If the Alarm Administratar assesses a fee, suspends an Alarm Permit, Securitv Alarm License or denies the issuance, renewal or reinstatement of an Alarm Permit or Security Alarm License, the Alarm Administratar shall send written notice of the action and a statement of the right to appeal to the affected applicant, Alarm User, Alarm Installation Company or Alarm Monitoring Company. B. The Alarm User, Alarm Installation Campanv or Alarm Monitorinq Company or other interested party may appeal any action described in (1) above to the Chief af Police or desiqnee by setting forth in writinq the reasons far the appeal and deliverin tq he appeal to the Chief of Police or desiqnee within twenty (20) business days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal. C. The procedure for an appeal to the Chief af Police or desiqnee is as follows: 1. The applicant, Alarm User, Alarm Installation Company or Monitoring Campany may file a written request for appeal by paying an appeal fee of $25.00 to the Police Department and setting forth the reasons for the appeal. The appeal must be entitled "Appeal from Alarm Administratar's Action." Appeal fees will be returned to the appealinc~party if the appeal is successful. 2. The Chief of Police or designee shall conduct a hearinq within thirty (30) days after receipt of the request for review and shall consider the evidence submitted by the appealing party and the Alarm Administrator. The Chief of Police or designee must base the decision on the preponderance of evidence presented at the hearinq and must render a decision within fifteen (15) days after the date of the hearing. The decision shall affirm or reverse the decision or action taken bv the Alarm Administrator. 3. Any person aqgrieved by the decision of the Chief of Police or desiqnee maV appeal in accordance with the procedure set forth in Section 18.70.050 of the Auburn Citv Cade. Ordinance No. 6216 January 12, 2009 Page 20 of 25 4. Filina of an appeal stavs any action by the Alarm Administrator to suspend an Alarm Permit or require the pavment of a fee until the appeal process has been exhausted. This provision applies onlv to the action of the Alarm Administrator that is the subiect of the appeal This provision does not operate as a bar to enforcement action on violations of this section that occur thereafter. D. The Alarm Administrator or the Chief of Palice or their respective desiqnees, may adiust the count of False Alarms or assessed fees based on: 1. Evidence that a False Alarm was caused by action of a communications services provider (i e telephone cellular cable company); 2. Evidence that a False Alarm was caused by a power outaqe of more than faur (4) hours or severe weather such as a tornado or earthquake• 3. Evidence that an Alarm Dispatch Request was not a False Alarm• or 4. The accurrence of multiple alarms within in a 24 hour period which mav be considered as one False Alarm if the Alarm User has taken corrective actian, unless the False Alarms are directlv caused bv the Alarm User. E. The Alarm Administrator may waive all of a False Alarm fee or a parkial part of the fee due to extenuating circumstances or to encourac.e carrective actian. F. On review of fees assessed to an Alarm Installation Company or Monitorinq Companv the Alarm Administrator, or, if appealed Chief of Police or desiqnee, or the administrative hearing officer, may consider whether the Alarm Installation Company or Monitorinq Company has enqaqed in a consistent pattern of violations. 9.30.150 Reinstatement of Suspended Alarm Permits A. On the first suspension of a permit a person firm entity or companv whase Alarm Permit has been suspended may obtain reinstatement of the permit bv the Alarm Administrator if the person firm entity or company: 1. Submits a new applicatian and pays a$50 00 reinstatement fee• 2. Pavs, or otherwise resolves all outstandinq fees and penalties• 3. Submits a written notice from an Alarm Installation Companv statinq that the Alarm Svstem has been inspected and repaired (if necessary) by the Alarm Installation Company; and 4. The Alarm User successfully completes an electronic on-line alarm awareness class and test. B. On the second and every subsequent suspension af a permit reinstatement mav be obtained bv compliance with subsection 9 30 150(A) above and compliance with any of the following conditions that the Alarm Administrator may require: 1. Proof that an employee of the Alarm Installation Companv or Monitorinq Campany caused the False Alarm Ordinance No. 6216 January 12, 2009 Page 21 of 25 2. Upqrade the alarm cantrol panel to meet SIA Control Panel Standard CP-01. 3. A written statement from an independent inspector designated bv the Chief of Police or his desiqnee that the Alarm System has been inspected and is in qood workinq order. 4. Confirmation that all motion detectors are properly confi ured 5. Confirmation that the Alarm System reguires two independent zones ta triqqer before transmittinq an alarm signal to the Monitorina Company. 6. Confirmation that the Alarm System requires two independent detectors to triqqer before transmitting an alarm signal to the Monitorinq CompanV. 7. Certification that the Monitoring Company will not make an Alarm Dispatch Reauest unless the need for an officer is confirmed by a listen-in device. This condition does not apply to residential property. 8. Certification that the Monitoring Company will not make an Alarm Dispatch Request unless the need for an officer is confirmed by a camera device This condition does not apply to residential property. 9. Certification that the MonitorincLGompany will not make an Alarm Dispatch Request unless the need for an officer is confirmed y a person at the Rlarm Site. C. The Police Department shall reinstate its response to an Alarm Site as soon as is practicable after receiving notice of reinstatement from the Alarm Administrator. The Alarm User and Monitoring Company shall take notice that the Alarm Site has been officially reinstated onlv after receivinq notice from the Alarm Administrator af that fact. 9.30.160 Suspension of Police Response to an Alarm Site. A. In addition to the provisions in this Chapter relatinq to lapsed invalid and suspended Security Alarm License, followinq reasonable notice to the Alarm User, as determined bv the Chief of Police or desiqnee, the Chief of Police or desiqnee may suspend police responses to an Alarm Site if he/she determines that: 1. There is a violation of this chapter by the Alarm User; and/or 2. There is a false statement of a material fact in the application for a permit; and/or 3. The permitted Alarm System has qenerated more than 3 False Alarms during anypermit period; and/or 4. The Alarm User has failed to pav an Alarm Permit fee or late fee a late renewal fee or anv fee assessed under this section, more than thirtv (30) davs after the fee is due. This applies to all classifications of alarms including burqlarv, panic, duress, hold-up and robberv. 5. Dependinq on the circumstances, the Police Department may or may not respond to any alarm, where the Alarm Site is under suspension of police response. Ordinance No. 6216 January 12, 2009 Page 22 of 25 B. Actians made pursuant to this section are not subject to administrative review. C. The Chief of Police or desiqnee mav, for qood cause shown in his/her sole discretion reinstate police response that has been suspended pursuant to this sectian. 9.30.170 Revocation of Security Alarm License A. The Chief of Police ar designee may revoke a Security Alarm License of an Alarm Installation Company or Monitarinq Company if he determines that: 1. There is a violation of this chapter bv the Atarm Installation Companv or Manitorinq Company and/or: 2. The Alarm Installation Company or Monitoring Company has failed to pav anv fee assessed under this section more than sixty (60) days after the fee is due. B. Dependinq on the circumstances the Police Department may or mav not respond to anv alarm where the Alarm Installation Company or Monitorinq Company is under revocation C. A revocation made pursuant to this section is not subject ta administrative review. D. The Chief of Police or designee may, for qood cause shown reinstate a Securitv Alarm License that has been revoked pursuant to this section. An administrative fee of $100.00 shall be assessed as part of a Security Alarm License reinstatement. 9.30.1 &0 Police Department Response A. The Police Department will endeavor to respond to all alarm calls indicatinq that there is a Duress RobberyPanic or Burglar event "in progress" as promptly as possible, takinq into account pendinq calls for service and any policv establishinq prioritv of dispatched calls followinq natification of the receipt of the alarm from the Monitoring Company. Police supervisors maV cancel police response to anv or all alarms based on weather or other factors effectin olice service needs. B. The Chief of Police or designee maY re-prioritize assiqnment of burglar alarms and respanse time at anv time during a 24-hour period as may be necessary due to the service needs of the communit}. 9.30.190 Confidentiality of Alarm Information The Alarm Administrator and the Gity of Auburn and its/their employees shall endeavor to hold all information contained in documents gathered thrau_qh alarm reqistrations, customer lists and informatian in the alarm appeal process in confidence to the extent provided by law. Such information shall be deemed proqrietarv and confidential to the extent provided bv law. Absent special circumstances, such information must not be released to the public or any person Ordinance No. 6216 January 12, 2009 Page 23 of 25 other than a law enfarcement aqenc thirdparty administratar or the applicable Alarm User, Alarm Installation Company or alarm Monitorinq Companv except pursuant to court order or as required bv law. 9.30.200 Scope of Police Duty: Immunities Preserved The issuance of Alarm Permits does not create a contract between the Police Department and/or the Citv and any Alarm User Alarm Installation Companv or Monitorinq Company nor does it create a dutv or obligation either expressed or implied on the Police Department to respond to any alarm Any and all liabilitv and consequential dama e resultinq from the failure of the Palice Department to respond to an Alarm Dispatch Request is herebv disclaimed and full qovernmental immunitv as provided bv law is retained By applyin for an Alarm Permit, the Alarm User acknowledges that the Police Department response is influenced bv the availability of officers priarity of calls traffic conditions, weather conditions emergency conditions staffing levels prior response history and administrative actions 9.30.210 Alternate Enforcement. In addition to the specific violations fees and/or costs provided herein failure to comply with the requirements of this chapter shall constitute a civil infraction punishable pursuant to Chapter 1.25 of the City Code In anv prosecution of such infraction it shall be prima facie evidence of the violation that the alarm svstem, at the same address and with the same owner or occupant had a prior false alarm as indicated bv the palice fire or other emer ency response records of the prior false alarm Additionally failure to fail to pay the fees imposed as set forth herein within twenty (20) calendar davs of the notice shall constitute a separate civil infraction punishable pursuant to Chapter 1.25 of the City Cade. Section 2. Amendment to Fee Schedule. The City Clerk is directed and authorized to insert in the City of Auburn Fee Schedule the fees set forth herein and to delete their reference from the Sections herein to the extent reasonable and consistent herewith, replacing such fee references with references instead to the City of Auburn Fee Schedule. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6216 January 12, 2009 Page 24 of 25 Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Ordinances in conflict herewith are hereby repealed to the extent of such conflict. This Ordinance shall take effect 30 days from the date of publication after its second reading. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: JAN 2 O 2009 PASSED: JAN 2' 0 2009 APPROVED: JAN 2 O 2009 PETER B. LEWIS, MAYOR ATTEST: k / Danielle E. Daskam, City Clerk Published: 'z-'" Ordinance No. 6216 January 12, 2009 Page 25 of 25 APPROVED AS TO FORM: