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HomeMy WebLinkAboutITEM VIII-A-1 CITY OF * AGENDA BILL APPROVAL FORM ~ WASHINGTON Agenda Subject: Ordinance No. 6216 - Revision of false alarm code Date: Janua 13, 2009 Department: Attachments: Budget Impact: Police Ordinance No. 6216 Administrative Recommendation:. City Council introduce and adopt Ordinance No. 6216. Background Summary: The current provisions of the Auburn City Code include provisions addressing false alarms. However, these provisions are insufficient to address the significant problems caused by police, law enforcement, and other emergency response agencies to the significant number of false alarms. False alarms account for approximately 99% of alarm systems to which police and emergency services respond. This is not unique to the City of Auburn, and other agencies have joined together in the development of an ordinance similar to the proposed Ordinance No. 6216 to provide a uniform response to the problem of false alarms. Ultimately, false alarm fees will be charged for every false alarm, but during an initial education period, the fee for a first alarm will not apply, per the proposed ordinance. The proposed ordinance also imposes some requirements for those businesses or individuals having false alarms to promote operational effectiveness of the alarm systems and the police and emergency responses to them. P1215-2 01.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITfEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery p Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Cerino Staff: Kell Meetin Date: Janua 20, 2009 Item Number: VIII.A.1 AUBURN * MORE THAN YOU 1MAGINED ORDINANCE 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 Be#ir-edDefinitions. 9.30.020 -'°~•~~-„nen-Qefla'+~e. Administration; Fundmq; 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 Prohibited. 9.30.060 Duties af Alarm Users. 9.30.070 Audible Alarms: Restrictions Disconnects. 9.30.080 Duties of Alarm Installation Companies and Monitorinq Companies. 9.30.090 Special Licensinq 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 af Determinations Regarding 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 Revocatian of Security Alarm License. 9.30.180 Police Department Response. 9.30.190 Confidentialitv of Alarm Informatian. 9.30.200 Scope ofi Police Duty; Immunities Preserved. 9.30.210 Alternate Enforcement. 9.30.010 De#ined Definitions. For the purpose of this chapter, and to the point consistent with their context, the teFm " " , h~ ' n nnmmitted oF Qttcmr~~ed ~r r ~rT~,J~v , r~hon nn firn ovistc~ nn tho .~...r, r. ~6-as-deteFrn+ned--by-t-hp--effir-,Ae; ar~iw~~ a nr°mis° ,following terms and definitions applv: A. Alarm Administrator means the representative of the private alarm cansulting companv engaged by the Citv pursuant to an agreement approved by the Chief of Police to administer the provisions of this Chapter. Ordinance No. 6216 January 12, 2009 Page 2 of 25 B. Alarm Agreement means the leqal cantract or aqreement by and between the Alarm Installation Company and/or Monitoring Company and the Alarm User. C. Alarm Agreement holding company means the company, whether the Alarm Installation Company and/or Monitorinq Companv, holdinq the Alarm Aqreement with the Alarm User. D. Alarm Installer Checklist means a check aff 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 Persan in the business of sellinq providing maintaininq, servicing, repairinq, alterinq, replacinq, movinq or installinq an Alarm System at an Alarm Site for compensation, and includes individuals or firms that install and service Alarm Systems used in a private business ar proprietary facilitv. 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 bv an Alarm Installation Campanv and Monitoring Company to handle alarm issues for the company and act as the primarv point of contact for the Citv's Alarm Administrator. H. Alarm Permit means a permit and Permit Number issued by the Alarm Administrator ta an Alarm User which authorizes the operatian of an Alarm S s~C tem. 1. Alarm Site means a location served by one or more Alarm Svstems. In a multi-unit buildinq or complex, each unit shall be considered a separate Alarm Site if served by a separate Alarm System. In a sinqle unit building 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 ar series af devices which emit or transmit an audible or remote visual ar electronic alarm siqnal which is intended to summon police response. The term includes hardwired systems and systems interconnected with a radio frequency method such as cellular ar private radio siqnals and includes Local Alarm Systems, but does not include an alarm installed in a motor vehicle, on one's Person or a svstem which will not emit a signal either audible or visible from the outside of the buildinq, residence or beyond but is designed solelx to alert the occupants of a building or residence. . K. Alarm User means any Person who has contracted for monitorinq, repair, installatian or maintenance service for an Alarm System from an Alarm Installation Companx or Monitoring Company, or who owns or operates an Alarm Svstem which is not manitored, maintained or repaired under aqreement. L. Alarm User Awareness Class means a class conducted by the Alarm Administratar 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 bY False Alarms. M. Alarm User List means a list provided by the Alarm User's Alarm Installation Companv or if no Alarm Aqreement exists between the Alarm User and an Alarm Installation Campany, the Alarm User's Monitorinq Companv. N. Arminq Station means a device that controls an Alarm S sy tem. 4. Automatic Voice Dialer means any electronic, mechanical, or other device which, when activated, is capable of beinq programmed to send a prerecorded vaice message to a law enforcement aqency requesting a police dispatch to an Alarm Site. P. Burqlar Alarm means an alarm intended to identify the presence of an intruder in either a business or residence. Q. Burglar Alarm Confirmation means a methad by which an alarm Monitorinq Company shall verify a Burqlar Alarm call prior ta makinq a Bur_ylar Alarm Dispatch Request. This _methad reguires at least one of the followinq types of acceptable verification far a Burqlar Alarm call. 1. WITNESS AT SITE; wha indicates criminal or suspicious activity. 2. AUDIO VERIFICATION; that indicates criminal activity. 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. Sin Iq e alarm signals from devices other than motion detectars will be eligible for a police response after Enhanced Call Verification, as defined herein, has been completed by the monitarinq company." 5. TWO INDEPENDENT DETECT4RS ACTIVATION 6. TWO ALARM SIGNALS WITHIN A 10 MINUTE TIME PERIOD R. Burqlary Alarm Crime in Progress means a burglar Alarm Dispatch Request reported by a Monitorinq Company 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 ta sell, install, monitor, repair, or replace Alarm Systems. The term Business License does not include a Security Alarm License issued bv the Police Department. T. Cancellation means the termination of 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 transaction or process by which ane Alarm Installation Companv or Monitoring Companv begins the Ordinance No. 6216 January 12, 2009 Page 4 of 25 servicing or manitoring of a previouslv unmonitored Alarm System or an Alarm Svstem that was previouslv serviced or monitored by another alarm company. V. Customer False Alarm Prevention Checklist means a check aff list provided by the Alarm Administrator to the Alarm Installer to provide to the Alarm User to camplete prior to the activatian of an Alarm System. W Duress Alarm means a silent Alarm S rLstem signal generated bv the entry of a desiqnated code into an Arminq Station in order to signal that the Alarm User is being forced to turn off the system and requires an officer's response. X Enhanced Call Verification means an attempt by the Monitarinq Company, or its representative ta contact the Alarm Site andlor Alarm User and/or the Alarm User's desiqnated representatives by telephone and/or other electronic means whether ar 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 Dispatch Request. For the purpose of this Ordinance telephone verification shall require as a minimum, that a second call be made ta 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 afficer dispatch. Names and numbers or thase contacted or attempted to contact shall be provided when requested. Y False Alarm means an Alarm Dispatch Request to the Police Department which results in the responding officer findinq no evidence of a criminal offense or attempted criminal offense after completing an investiqation of the Alarm Site. Z Holdup Alarm means a silent alarm signal qenerated bv the manual activation of a device intended to signal a robberv in proqress. AA Local Rlarm System means an unmonitored Alarm Svstem that annunciates an alarm anly at the Alarm Site. BB Monitorinq means the process bv which a Monitorinq Company receives signals from an Alarm SYstem and relays an Alarm Dispatch Request to the Police Department. CC Monitorinq Company means a Persan 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 Svstem signal qenerated bv the manual activation of a device intended to signal a life threateninq or emergencv situation requirinq 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, association, orqanization or similar entitY. HH. Police unless the context indicates otherwise, or Palice Department means the Auburn Police Department,. II. Protective or Reactive Alarm Svstem means an Alarm Svstem 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 visian. JJ. Responsible Party means a Person capable af appearinq at the Alarm Site upan request wha has access to the Alarm Site, the cade to the Alarm System and the authority to approve repairs to the Alarm System. KK. Robbenr Alarm means an alarm signal generated by the manual or automatic activation af a device or any s rLstem, device or mechanism on or near the premises intended to signal that a robbery is in proqress and that a Person is in need of immediate police assistance in order to avoid bodily harm, iniury or death. The term has the same general meaning as "Holdup Alarm or Duress Alarm.° LL. Securitv Alarm License means the license issued by the Police Department to an Alarm Installation Companv or Monitorinq Companv to sell, install manitor, repair or replace Alarm Systems. The term does not include a Business License issued by City of Auburn. MM. SIA Control Panel Standard CP-01 means the ANSI - American National Standard Institute-approved Security Industry Association - SIA CP-01 Control Panel Standard as may be updated fram time to time, that details recommended design features far security system control panels and their associated arminq and disarminq devices to reduce the incidence of False Alarms. Control panels built and tested to this standard by Underwriters Labaratory (UL) or other natianally recagnized testing arganizations are marked as follaws: "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 over contral of an existinq Alarm System which was previouslv controlled by anather Alarm User. 00. Zones mean a division of devices into which an Alarm Svstem is divided to indicate the qeneral location from which an Alarm System siqnal is transmitted. (Ord. 5716 § 1, 2002; Ord. 5682 § 1, 2002.) 9.30.020 U^~~~~~~ ~l who., Donal+y foo Administration; Funding; Increases in fees: Annual Evaluation. , , theft, , 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 designate an Alarm Administrator to carry out the duties and functions described in this section. C. Monies qenerated by False Alarm fees and permit fees assessed pursuant to this chapter shall be dedicated far use by the Police Department for the administration of the provisions of this chapter. D. The fees set forth in this chapter shall be included in the City of Auburn Fee Schedule and may thereafter be modified by City Council amendment to the Citv of Auburn Fee Schedule. Far purposes of this subsection "fees" include anv type or class of fee and includes late fees. E. The Alarm Administrator shall canduct an annual evaluation and analvsis of the effectiveness of this section and identify and _implement administrative system improvements as warranted, and shall recammend to the Chief of Police Mayor and Citv Council suqgested changes to the Auburn Citv Code as warranted. (Ord. 5716 § 1, 2002; Ord. 5682 § 1, 2002.) 9.30.030 Alarm Permits Required; Terms; Fees and Fee Callection. , , , , fiFe . A. An Alarm User shall not aqerate or cause to be operated anv Alarm Svstem without a valid Alarm Permit. A separate Alarm Permit is required for each Alarm Site havinq a distinct address or business name. No Alarm Svstem shall be activated until a Permit Fee and a completed Alarm Permit application far that Alarm System has been received and appraved by the Alarm Administrator. B. Owners of Local Alarm Systems are required to adhere to all sectians af this ardinance and are subiect to all fees, service fees, suspensions, penalties or other requirements that are applicable. C. The fee for a new initial Alarm Permit shall be collected bv the Alarm Installation Company and an Alarm Permit renewal fee shall be coliected bv the Alarm Agreement holding comqanv and remitted to the City. D. Existinq Security Alarm Systems: 1. Any securitv Alarm System which has been installed before the effective date of this Ordinance shall be reqistered and a permit fee collected bv the Alarm Aqreement holding company within sixty (60) days after such effective date. Ninety davs prior to the effective date of this chapter, each alarm companv Ordinance No. 6216 January 12, 2009 Page 7 of 25 with monitored accounts shall provide the Alarm Administrator with a complete list af active customers in the Citv of Auburn to assist the Alarm Administrator with creatinc~and maintaininq tracking data. The customer data shall be provided electronically in a format acceptable to the Alarm Administrator and shall include the custamer name alarm site address, billinA address, and phone number. Addresses must be in a Coding Accuracv Support System (CASS) Certified format. 2 The Alarm Agreement holdinq company may throuqh a mutual written aqreement have another Alarm Company provide the Alarm User's list and collect the Permit fee. 3 Failure to complv within thirtv (30) davs after beinq notified in writing from the Alarm Administrator will result in a fee of $50.00 per business day until the Alarm Agreement holding campany complies with this requirement. Failure to complYafter ten (10) business days will result in the suspension of the company's Security Alarm License The City shall assess a reinstatement fee of $100 00 and an additianal fee of $10 00 per permitted Alarm User, if users have been notified of the suspension in accordance with Sections 9.30.090 and 9.30.120 of the City Code. E. New Security Alarm Systems: 1 Anv Alarm Installation Company that installs a securitv Alarm System on premises located within the Citv limits of Auburn shall notifv the Alarm Administrator that a securitv 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 notifv the Alarm Administrator of a new securitY Alarm System installation prior to the svstem's activation shall result in a$100 00 fine to the Alarm Installatian Campanv. 3 The initial Alarm Permit Reqistration fee must be submitted to the Alarm Administrator at the same time as the registration application or an Alarm System Takeover. 4 It shall be the responsibilitv of the Alarm Installation Companv to forward to the Alarm Administrator the application completed bv the Alarm User, the notice of a new system and the appropriate Permit fees within seven (7) davs of installation. F Alarm Registration Permit and Renewal Fees: 1 An Alarm Registration shall expire one year from the date of issuance and must be renewed annually bv the Alarm Aqreement holdinq companv by submitting an updated application and a registration permit renewal fee ta the Alarm Administratar. The Alarm Administrator shall notifv the Alarm Aqreement holdinq campany of the need to renew their reqistered customers within a reasonable timeframe as determined by the Alarm Administrator, prior to the expiration of the registration on a monthly basis. It is the responsibilitv of the Alarm Aqreement holdinq companv to submit the updated information and Ordinance No. 6216 January 12, 2009 Page 8 of 25 renewal fees prior to the registration expiration date. Failure to renew shall be classified as use of a non-registered securitv Alarm Svstem and subiect the Alarm Site to a suspension and late fees. 2 Registration Permit Fees shall be collected annuallv 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 Citizen/Disabled 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 qualify for the City's Low Income Senior Gitizen/Disabled Citizen utilitv discount, per Section 13 24 010 of the Citv Code be listed as the propertv owner or lessee and shall have the Alarm Aqreement in his or her name. This Residential Low Income Senior Citizen/Disabled Citizen rate optian applies onlv to residential Alarm Sites. G Late fee Alarm Aqreement holdinq 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. I Any Alarm Installation 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 Installatian Comparny shall keep on file the completed checklist for up ta one vear after the activatian of the Alarm Svstem Failure to complete the required checklists shall result in a$100.00 administrative fee per incident aqainst the Alarm Installation Companr. J Upan receipt af a completed Alarm Permit application form and the Alarm Permit fee the Alarm Administrator 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 causing the suspension has not been corrected; or 3 The Alarm Installatian Company and/or the Monitorinq Companv listed on the permit application do not have a current valid Securitv Alarm License issued by the Police Department. 4 Any false statement of a material fact made bv an applicant for the purpose of obtaining an Alarm Reqistratian shall be sufficient cause for refusal to issue a reqistratian 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 Monitarinq Company which is valid one year. Renewal permits are valid for a one year periad. L. Permit Number. A valid Permit Number for the Alarm Site is required for each request for a burglar alarm dispatch. A burglar alarm request without a valid Permit Number shall not be accepted for a police dispatch. M. Exceptions. 1. Government entities, includinq but nat necessarily limited to the City of Auburn, County, State, Federal and School District entities, must obtain permits far all alarm systems on property under their contral within the corporate boundaries of the City of Auburn, but are exempt from payment of permit and renewal fees. 2. All permit fee exempted alarm sites are required to abtain and maintain a valid Alarm Permit forpolice response and are subjected to all other fees and suspension enforcements. (Ord. 5716 § 1, 2002; Ord. 5682 § 1, 2002.) 9.30.040 Permit Application; Contents. An application for an Alarm Permit must be on a form provided bv the Police Department and must contain the fallowing information: A. The name, camplete address, includinq apartment ar suite number, and telephone numbers of the Person wha will be the holder af the permit and be responsible for the proper maintenance and operation of the Alarm System and payment af fees assessed under this subsectian; 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. burqlary, holdup, 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 mailinq address, if different from the address of the Alarm Site; E. Any dangerous or special conditions present at the Alarm Site such as quard dogs or Protective or Reactive Alarm System; F. A written notice from the Alarm User setting forth the followinq: 1. The date of installation conversion or takeover of the Alarm System, whichever is applicable; 2. The name, address, and telephone number af the Alarm Installation CompanY or companies performinq the Alarm Svstem installatian, conversion or takeover and of the Alarm Installation Company responsible for providinq repair service to the Alarm Svstem; 3. The name address, and telephone number of the Monitorinq Company if different from the Alarm Installation Company;. 4. That a set of written aperatinq instructions for the Alarm System, includinq written guidelines on haw to avoid False Alarms, have been left with the applicant bv the Alarm Installation 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 System, including instructions on how to avoid False Alarms. G. An acknowledqement that the police response may be influenced bv factors including, but not limited to, the availability of officers, priority of calls, traffic conditions weather conditions, emergencv conditions, prior alarm history, administrative actions and staffing levels. 9.30.050 Transfer of Permit Prahibited. A. An Alarm Permit cannot be transferred to another Person or Alarm Site. An Alarm User shall infarm the Alarm Administrator of any chanqe to the information listed on the Alarm Permit application within ten (10) business days after such change. B. Exceptions may be made in the discretion of the Alarm Administrator when the transfer propased is amonq members of the family of the original permit holder or successors in interest to the property 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 reasonable effort to arrive at the Alarm Svstem's location within 30 minutes after being requested by the Monitorinq Companv or Police Department in arder to: (a) Deactivate an Alarm Svstem; (b) Provide access ta the Alarm Site; andlor (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 aqreed ta: (a) Receive natification af an Alarm System activation at any time; (b) Respond to the Alarm Site at any time; and (c) Provide access to the Alarm Site and deactivate the Alarm Svstem, if necessarv. 4. Not activate an Alarm System for any 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 dialing device which, when activated, uses a telephone device or attachment to automatically dial a telephone line leading inta the Palice Department or the City and then transmit any pre-recorded message or signal. An administrative fee of $100.00 per incident will be accessed. C. An Alarm User shall keep a set of written operatinq instructions for each Alarm System at each Alarm Site. Ordinance No. 6216 January 12, 2009 Page 11 of 25 D All Alarm Users shail agree with their Alarm Installation Company or Monitorinq Company to go throuqh. an "acclimation period" for the first seven (7) days after activation of a Burqlar Alarm System durinq which time the Alarm Installation CompanY or Monitoring Company will have no obliqation to respond to nor will it respond to anv alarm signal from the Alarm Site, or make an Alarm Dispatch Request to a police response aqencv even if the alarm signal is the result of an actual alarm event Exceptions to the "acclimation period" of nan- response can be made by the Police Department in special circumstances, including but not limited to domestic violence and stalkinq. E An alarm user shall have an alarm installation campany inspect the alarm svstem after two false alarms in their one-vear permit period to modifv the alarm svstem to be more 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 Svstem 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 adiacent to the Alarm Site that sounds for longer than ten (10) consecutive minutes after the alarm is activated or that repeats separate audible cycles mare than three times fram a sinqle alarm arminc1event within any two-hour period. An administrative fee of $100 00 per incident will be assessed for each event of an alarm soundinq for lon^er than ten (10) consecutive minutes after the alarm is activated, or for repeated separate audible cvcles of more than three times from a sinqle alarm arminq event within any two-hour period. B Audible alarm svstems mav be disconnected bv the Citv throuqh the use of any means reasonable and necessary if the alarm does not automatically shut off as described in subsection 9.30.070(A). The City or its emploYees or aqents shall not be responsible ar liable for damaqe resultinq from such disconnection. 9 30 080 Duties of Alarm Installation Companies and Monitorinq Companies. A Each Alarm Installatian Company and Alarm Monitorinq Companv must desiqnate one individual as the Alarm Response Manaqer (ARM) for the company. The individual designated as the ARM must be knowledgeable of the provisions of this section as well as have the knowledqe and authoritv to deal with False Alarm issues and respond to requests fram the Alarm Administrator. The name contact number, and email address of the ARM shall be provided to the Alarm Administrator. Failure to desiqnate an ARM within thirtv (30) davs after being natified in writinq from the Alarm Administratar mav result in the suspension of the company's Security Alarm License. The Citv shall assess a reinstatement fee of $100 00 and an additianal fee of $10.00 per qermitted user, if users have been notified of the suspension in accordance with Sections 9.30.090 and 9.30.120 of the City Gode. Ordinance No. 6216 January 12, 2009 Page 12 of 25 B. Upon the installation or activation 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 haw to prevent False Alarms, and proper operation of the Alarm System. C. After the effective date of this Ordinance Alarm Installation Companies shall not program Alarm Systems so that they are capable of sending One Plus Duress Alarms. Manitorinq companies may continue to report One Plus Duress Alarms received from Alarm SYstems proqrammed with One Plus Duress Alarms installed prior to the effective date af this ordinance. D. Upon the effective date of this Ordinance, Alarm Installation Companies shall not install, modify or repair "singe action" devices for the activatian of Duress Hold-up, Robbery or Panic Alarms. New devices shall require two actions or an activation delav to provide more positive assurance that the user intends to activate the device. E. Ninety days after the effective date of this ordinance, an Alarm Installation Company shall, on new installations, use only alarm control panel(s) which meet ANSUSIA CP-01- Control Panel Standard - Features for False Alarm Reduction. F. An Alarm Company shall nat use an automatic voice dialer far any Alarm System which when activated, uses a telephone device ar attachment to automatically dial a telephone line leading into the Police Department, ar the 911 Dispatch Center or the City and then transmit any pre-recorded messaqe or siqnal. An administrative fee of $100.00 per incident shall be accessed. G. After completion of the installation af an Alarm System, an employee of the Alarrn Installation Companv shall review with the Alarm User the Customer False Alarm Prevention Checklist or an equivalent checklist approved by the Alarm Administrator. The installer shall camplete the Alarm Installer Checklist. H. Ensure that all Alarm Users of Alarm Systems equipped with a duress robbery, holdup or Panic Alarm has been provided adequate traininq as to the proper use of the alarm. 1. Each Installation Company must maintain, for a period of at least one year 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 records for 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 receivinc~the request. If the records are requested between sixty (60) days and one (1) year after the Alarm System's activation, the Alarm Instaltatian Company shall furnish the requested records Ordinance No. 6216 January 12, 2009 Page 13 of 25 within thirtY (30) days after receiving the request. Failure to comply with this subsection will incur a$5Q.00 service fee. J. Manitoring Company Requirements. The Monitoring Company Requirements include the followinq: 1. A Monitoring Company shall not make an Alarm Dispatch Request to a Burqlar Alarm signal durinq the first seven-day "acclimation period" after a Burqlar Alarm System installation or activation. A Monitoring Campany max make an Alarm Dispatch Request for a Hald-up, Duress, Robbery, or Panic Alarm. Exceptions to the "acclimation period" of non-response can be made by the Police Department in special circumstances, includinq but not limited ta, domestic violence and stalkinq. 2. Report alarm si ng als by using telephone numbers designated by the Alarm Administrator. 3. Employ Enhanced Call Verification and Burglar Alarm Confirmatian on all Burglar Alarm Dispatch Request. The Auburn Police Department may refuse to accept an Alarm Dispatch Request from a Monitorinq Company that has failed to comply with the procedures required by Enhanced Call Verification and Burglar Alarm Confirmation. For residential systems, the Sequential Verification requirement only applies to alarm signals initiated from motion sensars. Single alarm siqnals from devices other than motion detectors will be eligible for a police response after Enhanced Call Verification has been completed by the monitoring com a~ny." 4. Communicate Alarm Dispatch Requests to the Police Department in a manner and form determined by 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 beinq accepted for a police dispatch. (b) Provide zone(s) activatian information as part of the Sequential Verification process within the Burqlar Alarm Confirmatian 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 location of an alarm signal(s) as part of an Alarm Dispatch Request. 7. Communicate the type of alarm activation (silent or audible, interior or perimeter), if available, on any Alarm Disqatch Request. 8. Notifv Communications (Dispatch) of any Alarm Site that it knows, or reasonably should know has guard daq(s) or is fitted with a Protective or Reactive Alarm System. During 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 or take control of the guard do,g(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 warninq far officers not to enter the Alarm Site Ordinance No. 6216 January 12, 2009 Page 14 of 25 until the Responsible Party is present and has disarmed the device or taken control the quard doq(s). 9 After an Alarm Dispatch Request promptly advise the Police Department if the Monitorinq Companv knows that the Alarm User or a Responsible Party is on the way to the Alarm Site; 10 Each Monitoring Company must maintain for a period of at least one year after the date of an Alarm Dispatch Request all records relatinq to the Alarm Dispatch Request Records must include the name, address and teleqhone number of the Alarm User, each Alarm System zone activated, the time of Alarm Dispatch Request and evidence of all attempts to verifv. The Alarm Administrator mav request copies of such records far anv individual Alarm User. If the request is made within sixty (60) davs after an Alarm Dispatch Request the Monitorinq Company shall furnish requested records within three (,3) business davs after receivinq the request. If the records are requested between sixty (60) days and one (1) vear after an Alarm Dispatch Request, the Monitoring Company shall furnish the requested records within thirtv (30) davs after receivinq the request Failure to comolv with this subsection will incura $50.00 service fee per request. 11 Each Monitoring Company shall upon request immediatelv provide the Police Department with the names and phone numbers of the Alarm User's emerqency contacts at the time af each Alarm Dispatch Request. K Conversian of Alarm Users An Alarm Installation Companv or Monitoring Company that converts the servicinq of anv Alarm Svstem accaunt from another company shall notifv the Alarm Administrator of such conversion and shall provide to the Alarm Administrator, within thirtv (30) davs from the date of conversian an Alarm User List of the converted accounts, in a format acceptable to the Alarm Administrator, that includes the followinq: 1. Permit Number. 2. Customer name. 3. Customer billinq address. 4. Customer telephone number. 5. Alarm Site address. 6 Alarm Installation Company license number. 7. Monitorinq Company License number. L The custamer lists described in subsection 9.30.080(D) above may include confidential information that mav be protected from disclosure pursuant to state law. M Failure to provide Alarm User Lists to the Alarm Administrator, as required in subsectian (4) above will result in a fee af $50.00 per business dav until the Alarm Installation Company or Monitoring Companv complies with the repuirement Failure to comply after ten (10) business davs will result in the suspension of the company's Security Alarm License. The Citv will assess a reinstatement fee of $100 00 and an additional fee af $10.00 per 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 of the Citv Code. N. Disconnected alarm users. An Alarm Installation Company or Alarm Monitoring Company that holds the Alarm Agreement shall notify the Alarm Administrator once a month af all alarm customers within the limits af the City of Auburn that have discontinued their alarm service with the company. 9.30.090 Special Licensinq of Alarm Installation and Monitoring Companies. A. Every Alarm Installation Company and every alarm Monitorinq Company shall obtain an Auburn Security Alarm License from the Police Department and pay 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 ta pay the annual fee within 30 davs after natice shall result in a late fee of 25.00. B. The Security Alarm License required by this section must be obtained prior to or contemporaneaus with the issuance or renewal of a Business License for the period of time covered bv the Security Alarm License,_ if applicable. C. The Alarm Installation Company shall provide the name, address and phone number of any Monitoring Company that they are usinq to monitor their Alarm Sites within the City and Monitoring Companies shall do the same for Alarm Installation Companies that they manitor Alarm Sites for that are within the CjtV• D. If an person, firm, entity or company does not have or maintain a current valid Security Alarm License issued pursuant to this section, 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 may or may not respond to any Alarm Dispatch Request from any Alarm Installation Company or Monitoring Campany that daes not possess a current, valid Security Alarm License issued pursuant to this section. E. The Rlarm Administrator shall notify all known Alarm Users subscribing to an unlicensed Alarm Installation Company or an unlicensed alarm Monitoring Company that the company is unlicensed and that the Police Department will no longer respond 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 Duties 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 ta 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 Administratar shall establish a procedure to acquire and record infarmation on Alarm Dispatch Requests includinq the followinq information: 1 Identification of the Alarm Site by address apartment number, unit number, suite number and Business name or last na_me; 2 The date and time Alarm Dispatch Reauest was received includinq the name of the Monitoring Company and the Monitorinq operator'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 notify the Alarm User of a False Alarm The notice shall include the following: 1 The date and time of an officer's response to the False Alarm~ and 2 A statement urqing the Alarm User to ensure that the Alarm System is properlv operated inspected and serviced in arder to avoid False Alarms and resultinq False Alarm fees. 3 Anv False Alarm fees incurred. D The Alarm Administrator ma}~require that a conference be held with an Alarm User and the Alarm Installation Company or Monitoring Company responsible for repairinq or Monitoring of the Alarm Svstem to review the circumstances of each False Alarm The canference mav be held in person or throuqh 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 bYthe facts of the case. Reinstatement after compliance will require payment of permit reinstatement fees in accordance with Sections 9.30.030, 9.30.080, 9 30 090 and 9.30.150 of the Citv Code. E The Alarm Administrator may establish an Alarm User Awareness Class The Alarm Administrator mav request the assistance of associations, alarm companies and law enforcement aqencies in developinq and implementinq the class The class shall inform Alarm Users of the Alarm 4rdinance; 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 RobberyHoldup or Panic Alarm has occurred and the alarm was triqgered using a single 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 or replace the sinqle action, non- recessed device. G The Alarm Administrator will make a copy of this ordinance and/or an ardinance summary 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 foilowinq fees to the Alarm Administrator for police response to any False Alarm durinq their one vear permit period: 1. Burglar False Alarm Service Fee: $100.00 far each False Alarm except as provided in subsectian 9.30.110(K) of this Section: and 2. Robbery, Panic and Burqlary Crime in Proqress False Alarm Fees: $200.00 for each False Alarm except as provided in subsection 9.30.110(Kof this Section. B. If a False Alarm fee is not paid within thirty (30) days after the invoice is mailed, a late fee in the amount of $25.00 will be imposed. 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 imposed upon anv person, firm, entity or company operating a Non-permitted Alarm System in the amount of $200.00 for each False Alarm. D. Any Monitorinq Company requesting an Alarm Dispatch Request for a Non-permitted Alarm System shall pay an administration fee of $100.00 per incident. If the fee is not paid within thirty (30) days after the invoice is mailed, a late fee in the amount of $25.00 is hereby impased on the Monitorinq Companv. E If Cancellation af police response occurs prior to the Police Ufficer's arrival at the Alarm Site the response is not considered a False Alarm and na fee will be assessed. F The Alarm Installatian Company shall be assessed a fee af $100.00 if the officer respondinq ta the False Alarm determines that an emplovee of the Alarm Installation Company directlv caused the False Alarm. Such False Alarms are not included in the total number of False Alarms far the Alarm User. G A fee of $100.00 is hereby imposed aqainst any Monitarinq Company that fails ta verify Alarm System siqnals as required in subsection 9.30.080(C)(3). H. A fee in the amount af $200.00 is herebv imposed aqainst an Alarm Installation Company if the Alarm Administrator determines that an emplovee of the Alarm Installation Company knowinglv 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 anv fee. J. All reqistration fees renewal registration fees, seevice 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 registration fee due and all other fees due that are not paid within thirty 3~ O) dars. K. In order to provide an educational period prior to the application of the fees for every 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 false alarm for any alarm system durinp the first twelve months following the adoptian of this 4rdinance. 9.30.120 Notice to Rlarm 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 warning 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 writinq and the appropriate alarm installation company or manitoring company by electronic mail thirty (30) days 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 apply to Duress, Robbery, Holdup and Panic Alarms. The notice of suspension must also include any fee due and a description of the appeals procedure available to the Alarm User and/or the Alarm Installation Company or Monitoring Company. 9.30.130 Vialation of Making Alarm Dispatch Request for Suspended Alarm Site. A. The Alarm Administratar 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 or more false burglary alarms within the one year permit period except that the Alarm Administrator may waive a suspension of a permit upon receipt af 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 of 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 violatian of this sectian 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 Burglar Alarm Site after the Monitorinq Companv's Alarm Response Manager (ARM) has been notified bv electronic mail bv 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 invoice is mailed, a late fee in the amount of $25.00 is hereb rLimposed on the Monitoring Companv. C. If a person, firm, entity ar companv allows his/herlits 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 companv does not have need of alarm respanses from the Police Department. Depending on the circumstances, the Palice Department may or may nat respond to any Alarm Dispatch Request from any Alarm Installation Company or Monitoring Company where the Securitv Alarm License is lapsed or suspended unless there is a separate indication that there is a crime in progress. 9.30.140 Appeals af Determinations Regarding Alarm Permits, Securitv Alarm License and Fees. A. If the Alarm Administrator assesses a fee, suspends an Alarm Permit Security Alarm License or denies the issuance, renewal or reinstatement af an Alarm Permit ar Security Alarm License, the Alarm Administrator 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 Company or Alarm Monitoring Company ar other interested party may appeal any action described in (1) above ta the Chief of Police or desiqnee by setting forth in writinq the reasons for the appeal and delivering the appeal to the Chief of Palice or desiqnee within twentv (20) business davs after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the riqht to aqqeal. C. The procedure far an appeal to the Chief of Police or desiqnee is as fallows: 1. The applicant Alarm User, Alarm Installation Gampanv or Monitoring Campanv may file a written request for appeal by payinq an apqeal fee of $25 00 to the Police Department and setting forth the reasons for the appeal The appeal must be entitled "Appeal from Alarm Administrator's Action." Appeal fees will be returned to the appealinq partv if the appeal is successful. ^ 2. The Chief of Police or designee shall conduct a hearinq within thirtv (30) days after receipt of the reauest for review and shall consider the evidence submitted by the appealinq party and the Alarm Administrator. The Chief of Police or desiqnee must base the decision on the preponderance of evidence presented at the hearinq and must render a decision within fifteen (15) davs after the date of the hearinq. The decision shall affirm or reverse the decision or action taken by the Alarm Administrator. 3. Any person aqqrieved bv the decision of the Chief of Police or designee may appeal in accordance with the procedure set forth in Section 18.70.050 of the Aubum City Code. Ordinance No. 6216 January 12, 2009 Page 20 of 25 4. Filing of an appeal stays any action by the Alarm Administrator ta suspend an Alarm 'Permit or require the pavment of a fee until the appeal process has been exhausted. This provision applies only ta the action of the Alarm Administrator that is the subject 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 Police, or their respective desiqnees, may adjust 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 companv); 2. Evidence that a False Alarm was caused by a power outaqe of more than four (4) hours ar severe weather such as a tornado or earthquake; 3. Evidence that an Alarm Dispatch Request was not a False Alarm; or 4. The occurrence of multiple alarms within in a 24 hour period, which may be considered as one False Alarm if the Alarm User has taken carrective action, unless the False Alarms are directly caused bv the Alarm User. E. The Alarm Administrator may waive all of a False Alarm fee or a partial part of the fee due to extenuating circumstances or to encouraqe corrective action. F. On review of fees assessed to an Alarm Installation Company or Monitorinc~Company the Alarm Administrator, ort if appealed, Chief of Police, or designee or the administrative hearing officer, maY consider whether the Alarm Installation Company or Manitoring Company has enqaged in a cansistent pattern of violatians. 9.30.150 Reinstatement of Suspended Alarm Permits. A. On the first suspension of a permit, a person, firm, entity or company whose 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 application and pays a$50.00 reinstatement fee; 2. Pays, ar otherwise resolves, all outstandinq fees and penalties; 3. Submits a written notice from an Alarm Installatian Company stating that the Alarm System has been inspected and repaired (if necessary) bv 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 of a permit, reinstatement may be obtained by 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 Company or Monitoring Company caused the False Alarm. Ordinance No. 6216 January 12, 2009 Page 21 of 25 2. Up,,,qrade the alarm control panel to meet SIA Control Panel Standard CP-01. 3. A written statement from an independent inspector desiqnated by the Chief of Palice or his desiqnee that the Alarm System has been inspected and is in qood worki_ng order. 4. Confirmation that all motian detectors are properly confiqured. 5. Confirmatian that the Alarm System requires two independent zones to trig{qer before transmittinq an alarm siqnal to the Monitoring Company. 6. Canfirmation that the Alarm System requires two independent detectors to triqqer before transmittinq an alarm siqnal to the Monitoring Company. 7. Certification that the Monitoring Company will not make an Alarm Dispatch Request unless the need far an officer is confirmed by a listen-in device. This conditian does not apply to residential property. 8. Certification that the Monitoring Campany will not make an Alarm Dispatch Request unless the need for an afficer is confirmed by a camera device. This condition does not apply to residential property. 9. Certification that the Monitoring Company will not make an Alarm Dispatch Request unless the need for an officer is confirmed by a person at the Alarm Site. C. The Police Department shall reinstate its resppnse 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 only after receiving notice from the Alarm Administrator of 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 by the Chief of Police or designee, the Chief of Police or desi-qnee 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 generated more than 3 False Alarms durinq any permit period; and/or 4. The Alarm User has failed to pav an Alarm Permit fee or late fee, a late renewal fee or any fee assessed under this section, more than thirtv (30) days after the fee is due. This applies to all classifications of alarms includinq burglary, panic, duress, hold-up and robberv. 5. Dependinq on the circumstances, the Palice Department mav 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. Actions made pursuant to this section are not subject to administrative review. C. The Chief of Police or designee mav, for good cause shown, in his/her sole discretion reinstate police response that has been suspended pursuant to this section. 9.30.170 Revocation of Security Alarm License A. The Chief of Palice or desiqnee may revoke a Securitv Alarm License of an Alarm Installation Company or Monitoring Company if he determines that: 1. There is a violation of this chapter bv the Alarm Installation Companv or Monitorinq Company and/or; 2. The Alarm Installatipn Company or Monitaring Company has failed to pav any fee assessed under this section more than sixty (60) davs after the fee is due. B. Depending on the circumstances, the Palice Department mav or may nat respond to anv alarm where the Alarm Installation Companv or Manitorinq Company is under revocation. C. A revacatian made pursuant to this section is not subiect to administrative review. D. The Chief af Police or designee may, for good cause shown, reinstate a Security Alarm License that has been revoked pursuant to this section. An administrative fee of $100.00 shall be assessed as part of a Securitv Alarm License reinstatement. 9.30.180 Police Department Respanse. A. The Police Department wiil endeavor to respond to all alarm calls indicating that there is a Duress Robbery Panic ar Burglar event "in proqress" as promptly as possible takinq into account pendinp calls for service and any policy establishing priority of dispatched calls followinq natification of the receipt of the alarm from the Monitorinq Company. Police supervisors may cancel palice respanse to any or all alarms based on weather or other factors effectin pq olice service needs. B. The Chief of Palice or designee may re-prioritize assiqnment of burqlar alarms and response time at anv time during a 24-hour periad as mav be necessary due to the service needs of the communitv. 9.30.190 Confidentiality of Alarm Information. The Alarm Administrator and the Gity of Auburn, and its/their employees, shall endeavor to hold all infarmation contained in documents gathered throuqh alarm reqistrations customer lists and information in the alarm appeal process in confidence to the extent provided by law. Such information shall be deemed proprietarv and confidential to the extent pravided by law. Absent special circumstances such information must not be released to the public or anv person Ordinance No. 6216 January 12, 2009 Page 23 of 25 other than a law enfarcement agency, third party administrator or the applicable Alarm User Alarm Installation Company or alarm Monitoring Company except pursuant to court arder, or as required by 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 City and any Alarm User Alarm Installation Companv or MonitorinrLCompany,. nor does it create a duty ar obliqation, either expressed or implied on the Police Department to respond to any alarm. Anv and all liability and consequential damage resultinq from the failure of the Police Department to respond to an Alarm Dispatch Request is hereby disclaimed and full qovernmental immunitv as provided by law is retained. By applvinq for an Alarm Permit the Alarm User acknowledqes that the Police Department response is influenced by the availability of officers, priority of calls, traffic conditions weather conditions emerqency conditions, staffing levels, prior response history and administrative actions. 9.30.210 Alternate Enforcement. In addition to the specific violatians fees and/or costs provided herein, failure ta camplv with the requirements of this chapter shall canstitute a civil infraction punishable pursuant to Chapter 1.25 af the City Cade. In any prosecution of such infraction it shall be prima facie evidence of the violation that the alarm system at the same address and with the same awner or occupant, had a priar false alarm as indicated by the police fire or ather emerqencv response records of the prior false alarm Additianally failure ta fail to pav the fees imposed as set forth herein within twentv (20) calendar davs of the notice shall constitute a separate civil infraction punishable pursuant to Chapter 1.25 of the City Code. 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: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk ~ APPROVED AS TO FORM: niel BQHeidity ttorney Published: Ordinance No. 6216 January 12, 2009 Page 25 of 25