ORD 11-693ORDINANCE NO. ll-693
AN ORDINANCE of the City of Federal Way, Washington, relating to
false alarms; amending sections of Chapter 12.50 FWRC. (Amending
Ordinance Nos. 09-599, 07-573, 93-193.)
WHEREAS, Federal Way Revised Code ("FWRC") Chapter 12.50, "Alarms," sets forth the
requirements regarding alarm registration, service fees for responding to false alarms, and process for
no response to excessive false alarms in the City of Federal Way; and
WHEREAS, updates to Chapter 12.50 FWRC are needed to remove obsolete language and to
accurately reflect how this Chapter of the FWRC is currently administered and enforced; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
update Chapter 12.50 FWRC as described;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWRC 12.50.020 is hereby amended to read as follows:
12.50.020 Alarm users registration required.
(1) mier '� �^�,,���'�99� person shall operate or use an alarm system on any premises
within the city of Federal Way, under that person's control, without first having obtained from the
,.;+„ nlorL'c r,ffino Police Department, a separate registration for each premises protected by an
alarm system.
(2) The police department may not respond to any alarm system for which a registration has
not first been obtained.
(3) For the purposes of this section, a person shall be deemed to be an operator or user of
an alarm system if:
(a) The person controls both the alarm system and the premises upon which it is
installed; or
(b) The person controls the premises and is the subscriber, client or tenant of the system
subscriber; or
(c) The person is the system subscriber or alarm user.
(4) All persons required to obtain a registration must complete a registration application form
which is provided by the ��+., nlorL'c � Department. Information required to be provided
on the registration application form includes, but is not limited to:
(a) Subscriber's and/or alarm user's name, address and telephone number(s);
(b) Names and telephone numbers of three additional persons who will respond in the
event of alarm activation in the absence of the alarm user and said person will provide access to
premise and be able to deactivate alarm, or said persons will provide information on who to
Orclinance No. 11-693 Page 1 of 6
contact for access;
(c) The electrical inspection permit number;
(d) Name of the alarm business responsible for regular maintenance and that company's
electrical contractor's license number;
(e) The information required in subsections (3) and (4) of this section shall not apply to
alarms which are installed by the homeowner/tenant;
(f) The information required in subsection (4)(c) of this section shall not apply to (a)
existing alarms or (b) alarms which are installed in multiple-tenant buildings.
(5) Failure to complete the required information will result in automatic denial of the
registration.
(6) Each registration shall be given a number which shall not be transferable.
(7) Completed applications for an alarm user's registration and a reqistration fee as set forth
in tMe City's annual Fee Schedulef°° �°°^'� �+�^^ shall be filed with the ^�+�� ^'°r�'° ^��^°Police
Department, .
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(8) A penalty fee as set forth in the City's annual Fee Schedulef°° r°°^'„+;^^ will be charged,
in addition to the reqistration fee provided in subsection (7) of this section, to a user who fails to
obtain a registration within 30 days after the system becomes operative, or to a current user who
fails to obtain a registration.
(9) Registration fees shall be payable to the city of Federal Way and deposited into the city's
general fund to be used exclusively for the direct or indirect support of law enforcement
activities.
(10) Any person who owns, operates, or possesses any alarm system within the city of
Federal Way, which does not conform to the requirements of this chapter, shall disconnect that
alarm and render it inoperable or alter it in accordance with this chapter no later than July 31,
1994.
(11) If a residential alarm user is over the age of 62, or is an economically disadvantaged
person and is a resident of the residence, and if no business is conducted in the residence, a
registration may be obtained from the ^���� ^���'-'� ^ffino Police Department according to
subsection (4) of this section without the payment of a fee.
(12) The following shall be required to obtain a registration under this chapter, but shall not
be required to pay any fee:
(a) Businesses which are nonprofit organizations, including but not limited to religious,
civic, charitable, benevolent, nonprofit, cultural, governmental or youth organizations.
(13) Alarm user shall notify police department, within 10 days, of any change of information
from that contained on the registration application.
Section 2. FWRC 12.50.030 is hereby amended to read as follows:
12.50.030 Service e#a�gesfees for ��^°��false alarms.
(1) Service ^h� fees will be assessed by the ^'�Chief of Police or desiqnee for
°�^�� false alarms during the registration year�s:- as outlined in the City's annual
Fee Schedule.
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(2) The �'+'� of Police or desiqnee shall send a notice of false alarm determination
to the alarm user and the alarm business by regular mail ^f +ho f�„�+h for the second and �
subsequent false alarms. The notice shall include the amount of the� service fee and the
consequences of the failure to pay the�� service fee. The ei��-eae�Chief of Police or
desiqnee shall also inform the alarm user of the right to appeal the validity of the false alarm
Ordinunce No. I 1-693 Page 2 of 6
determination, as provided in FWRC 12.50.090. If the service �efee has not been received
in the ^�+„ ^IorL'c „ �; , .oPolice Department within 50 days from the day the notice of service
��efee was mailed by the ^��� ^��r�-'� ^��^°Police Department, and there is no appeal
pending on the validity of the false alarm, the ^'+'�Chief of Police or desiqnee shall send the
notice of service s#a�efee by certified mail along with a notice of late fee as set forth in the
Citv's annual Fee �aSchedule. If payment is not received within 14 days of the day the
notice of late fee was mailed, the ^^'�^p�„�-�;;�Chief of Police or desiqnee may initiate the no
response process and enforcement of penalties.
Section 3. FWRC 12.50.040 is hereby amended to read as follows:
12.50.040 No response to excessive false alarms.
(1) After the sixth false alarm in a registration year, the s+t�r-EIe��Chief of Police or desi4nee
shall send a notification to the alarm user by mail, which will contain the following:
(a) That the sixth false alarm has occurred.
(b) That if any additional false alarms occur within the remainder of the registration year,
the police may not respond to any subsequent alarms without the approval of the �el+Ee
s#ie€Chief of Police or desiqnee and the alarm user registration can be revoked.
(c) That the approval of the ^^'�^ of Police or desiqnee can only be obtained
by applying in writing for reinstatement. The ^^'�^��Chief of Police or desiqnee may
reinstate the alarm user upon a finding that reasonable effort has been made to correct the false
alarms which includes consideration of a letter from user's alarm company, duly registered to do
business in the city of Federal Way, which states the alarm system is operating properly and the
alarm user(s)' agents are properly trained in the alarm system operation. The City of Federal
Way shall not be responsible for any costs incurred by the user to qualify for reinstatement.
(d) That reinstated users will be billed for any false alarm responses after reinstatement,
and will be subject to further revocation after any more false alarm responses during the
remainder of the registration year. Registrations will not be reinstated if there are any
outstanding fees ^r °°^,�^° ^"�r^°° due.
(e) That the alarm user has the right to contest the validity of a false alarm determination
through a false alarm validity hearing as set forth in FWRC 12.50.090.
(2) After the sixth false alarm within a registration year, or in case of a delinquent payment
pursuant to FWRC 12.50.030, there may be no police response to subsequent alarms without
approval of the ^^'�^��Chief of Police or desiqnee. If police response is suspended, the
^^'�^��Chief of Police or desiqnee shall send a notification of the suspension to:
(a) The department's communications center;
(b) The department;
(c) The alarm user by certified mail; and
(d) The persons listed on the alarm user's registration who are to be contacted in case of
an emergency, by certified mail.
(3) The suspension of police response to an alarm shall begin 14 days after the date of
service of the notice of suspension of service to the alarm user unless a written request for a
false alarm validity hearing has been made in the required time period as set forth in FWRC
12.50.090.
Section 4. FWRC 12.50.080 is hereby amended to read as follows:
12.50.080 Special registrations.
(1) An alarm user required by federal, state, county or municipal law, regulation, rule or
ordinance to install, maintain and operate an alarm system shall be subject to the alarm system
regulations, provided:
Ordinance No. 11-693 Page 3 of 6
(a) A registration shall be designated a special alarm user's registration.
(b) A special alarm user's registration for a system that has five false alarms in a
registration year shall not be subject to the no response procedure and shall pay the ��
T°°�-u„�applicable service s#a�gesfees.
(2) An alarm user that is a governmental political unit shall be subject to this chapter, but a
registration shall be issued without payment of a reqistration fee and shall not be subject to
service �e6fees or the imposition of any penalty provided herein.
Section 5. FWRC 12.50.090 is hereby amended to read as follows:
12.50.090 Administrative hearing.
(1) An alarm user may appeal the validity of a false alarm determination or the assessment
of penalties to the ^^'�^�-�";�Chief of Police or designee, by filing a written notice of appeal with
the "'+'� of Police or desiqnee within 14 catendar days from the date of service of the
notice of a false alarm or notice of any �°�yservice fee. Service shall be deemed complete
upon the third day following the day upon which the notice is placed in the mail, unless the third
day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed
complete on the first day other than a Saturday, Sunday or legal holiday following the third day.
The ciry may also request a hearing before the ^^'�^,�„�;;�Chief of Police or desiqnee to assess
costs, modify previous orders, or to enter other orders as needed. Failure to contest the false
alarm determination in the required time period results in a conclusive presumption for all
purposes that the alarm was false.
(2) Within 10 days of the clerk's receipt of the appeal, the ^^'�^���Chief of Police or
desiqnee shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal.
Written notice of the time and place of the hearing shall be served on the user by the c-i�y
eler-�Chief of Police or desiqnee, by certified mail, at least 10 days prior to the date set for the
hearing.
(3) The hearing shall be before the ^^'�^° �":°f � ±"° r �!?�° ��' �1°=� jr'•° Chief of Police
or desiqnee. The alarm user and the city shall have the right to present written and oral
evidence. If the hearing officer finds that the appellant has proven by a preponderance of
evidence that an alleged false alarm did not occur during the registration year, the hearing officer
shall vacate the false alarm determination. If the hearing officer finds that the appellant has
proven by a preponderance of evidence that any penalties are improper, the hearing officer shall
waive them. Otherwise the hearing officer shall affirm the false alarm determination and
penalties. The hearing officer shall issue a written decision, including findings of fact,
conclusions, and order within 14 days of the hearing. If false alarm determinations are affirmed,
the �'+'�Chief of Police or desiqnee shall pursue the collection of the �a�iesservice fees.
If the �����'�� service fee is not found to be proper, then the alarm user shall bear no costs.
(4) If a hearing is canceled more than 10 days after its request, then a cancellation fee as
set forth in the City's annual Fee Schedulef°° r°°^'� �+�^^ must be paid.
Section 6. FWRC 12.50.100 is hereby amended to read as follows:
12.50.100 Violations — Penalties.
In addition to any fees that mav be assessed pursuant to this chaptere#�e�pe�al�y, a
violation of any provision of this chapter is a civil infraction pursuant to Chapter 1.15 FWRC.
Section 7. Severability. Should any section, subsection, paragraph, sentence, clause, or
Ordinance No. 11-693 Page 4 of 6
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this Sth day of July, 2011.
CITY OF FEDERAL WAY
MAYOR, SK PRIEST
ATTEST:
Ca���.�. �
CITY CLERK, C OL EILLY, CMC
Ordinance No. 11-693 Page 5 of 6
APPROVED AS TO FORM:
_�
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COL7NCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
6-14-2011
7-5-2011
7-9-2011
8-8-2011
11-693
Ordinance No. 11-693 Page 6 of 6