HomeMy WebLinkAbout5716ORDINANCE NO. 5 7 I 6
AN ORDINANCE of the City Council of the City of Auburn,
Washington, amending Chapter 9.30 and Section 15.56.030
of the Auburn City Code, relating to False Alarms
WHEREAS, among the responsibilities imposed on the City of Auburn are those
involving enforcement of ordinances proscribing violations of laws enacted and adopted
as a part of the Auburn City Code; and,
WHEREAS, there are a number of instances when a poorly maintained or
improperly operating alarm system causes the Auburn Police Department, Fire
Department or other law enforcement response resources to be needlessly expended,
including potentially calling police officers or other emergency response personnel away
from what may otherwise be (may ultimately be determined to be) more serious police
or emergency matters; and,
WHEREAS, in order to place the responsibility for improper maintenance and
improper operation of private alarm systems, and in order to address the financial
impacts of poorly maintained or improperly operating alarm systems that affect the
City's law enfomement and fire department resources, it is appropriate to amend the
City Code to hold those responsible for false alarms, rather than the general taxpayers,
responsible for the financial impacts and resultant costs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION ONE. AMENDMENT TO CITY CODE.
Chapter 9.30 of the Auburn City Code is amended to read as follows:
Sections:
9.30.010
9.30.020
9.30.030
Chapter 9.30
False Alarms
Defined.
Unlawful when--Penalty fee.
Fee payment responsibility- Failure to pay - Infraction.
9.30.010 Defined.
For the purpose of this Chapter, the term "false alarm" means the activation of a
burglary and/or robbery or fire alarm by other than a forced entry or attempted forced
entry to the premises, or by other than a fire and at a time when no burglary or robbery
is being committed or attempted on the premises, or when no fire exists on the
premises, as determined by the officer arrivinq on the premise~.
Ordinance No. 5716
December 11, 2002
Page 1
9.30.020 Unlawful when--Penalty fee.
It is unlawful for any person, business or legal entity having or conducting a private
alarm system for fire, theft, burglary or other protection to have th,me-er--mere-any
repeat false alarms w!th!r. 3 ,",!,",et~.'-.d~,, period within any calendar year- occurring in the
same system. The owner of any residence, business or premises in which said alarm
system exists shall pay a twenty-fwefifty dollar ~$50) false alarm fee for t~
°~'"~ ~" ~ ."."'~+" '~ ....... '~ ~"'~ ~"- cach and every subsequent false alarm ,n ~ .".!Rcty
day-I~-iedfollowin.q an initial (first) such false alarm within said calendar year.
9.30.030 Fee payment responsibility - Failure to pay - Infraction.
The City shall notify the party responsible for paying the false alarm penalty fee by
written notice, indicatinq that the payment is due within twenty (20) calendar days of th,;
notice. , ~.".d if It shall be a civil infraction punishable pursuant to Chapter 1.25 of tho,
City Code to fail to pay said penalty fee is ncr ~"id to the City within ten-twenty (20)
calendar days of the notice, ~ summc"s ~nd .... ,,.~,,+ oh,., h ....... *"'~ by *h~ r,;~,.
............. ] ...... = ................ J .......................
or
!!m!t~d jur!sd!ct!cR !r. v:h!ch veRue !!cu. In any prosecution of such infraction, it shall b~
prima facie evidence of the violation that the same Warm system, at the same addre~,~
and with the same owner or occupant, had a prior false alarm as indicated by tho
police, fire or other emergency response records of the prior false alarm.
SECTION TWO. AMENDMENT TO CODE SECTION
Section 15.56.030 of the Auburn City Code, relating to Service Charges for False
Alarms, Registration and Late Registration Fees and Appeal Hearing Cancellation Fee
is amended as follows.
15.56.030 Fees~e~.
A. ~ Fees will be assessed by the ' ~,-- _ ..............
...... = ...... = .......... ]~., as follows:
Type of Fee Amount
No ch:rga
· ~n nn e3ch
¢~nn nn a:ch
Ordinance No. 5716
December 11, 2002
Page 2
Registration fee (one time fee)$15.00
Late registration fee penalty $50.00
L=t: felt: clarm pcyment penclty $25.00
Appeal hearing cancellation fee $10.00
........ , ............ , ........... user ........................ , ......... ~ cno
· Thc
,...,~,, ~h~, .~,....,.,., ....... '~ *~'" "~"""" ~"'"~ .... by ..... ' ....~' cf the ¢'-'"~-
................. COC ....... ~'~,,
.v ~._j .......... ent
re.qistration fee, late re.qistrat on fee penalty or the appeal hearin.q cancellation fee is not
received within 30 days of the day the notice of a late fee is mailed, the city may initiatR
the enforcement of penalties and/or be(lin the collection process. The police
department shall 3!cc inform the alarm user of the right to appeal the validity of the false
alarm determination, as provided in ACC 15.56.080..~.? ~^'-o ~rc '~ ...... ;,h;,, 30 '~ .... '
""~ .......* cf .... '= .... ~/,,, ~...,i, ,h,, ,,,,.,,,~ ......... t--/n d 5224
SECTION THREE. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION FOUR. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
SECTION FIVE. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication
of the Ordinance Summary, and on January 1, 2003.
INTRODUCED:
PASSED:
APPROVED:
DEC ! 8 ZOOZ
DE6 ] 6 2002
DEC I 6 200Z
PETER B. LEWIS, MAYOR
O~inance No. 5716
December11,2002
Page 3
ATTEST:
D'ani~le E. Daskam, City Clerk
D~f~eTB. Heid,"Ctty A"ftorne'y
PUBLISHED:
Ordinance No. 5716
December 11, 2002
Page 4