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Ord 90-052 0072.160.001 RPB/tw 03/22/90 ORDINANCE NO. 90-52 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, REGULATING ELECTRONIC SECURITY DEVICES; CONTAINING A SEVERABILITY CLAUSE; SETTING AN EFFECTIVE DATE AND APPROVING AN ORDINANCE SUMMARY FOR PUBLICATION. WHEREAS, the Federal Way city Council finds that this ordinance is in the interest of the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. prohibited - Exception. The installation or use of any electric, electronic or mechanical security device which gives automatic notice to the communications center of the law enforcement authority for the city, is prohibited, except by federal, state or local government agencies acting with the permission of the law enforcement authority for the city. This provision specifically includes devices utilizing the public telephone system. section 2. False alarms Definition. A "false alarm" shall mean the activation of a burglary or robbery alarm by other than a forced entry or attempted forced entry to the premises and at a time when no burglary or robbery is being committed or attempted on the premises. RPBO19650 -1- COpy Section 3. Responsibilities of Alarm Svstem ~. Owners of premises on which an alarm system is installed shall: A. Post at the main entrance to such premises, or on a contract card on file with the law enforcement authority for the city, a notice of the telephone numbers at which the person or persons authorized to enter such premises can be reached at all times and turn off such alarm; B. Appear and turn off any such alarm within one hour after being notified by the police to do so; c. Not activate any robbery or burglary alarm for the purpose of summoning police except in the event of an actual or attempted burglary or robbery; D. When notifying the police of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system, fail at the same time to notify the police of such apparent malfunction. section 4. False Alarm First Response. For a response to premises at which no other false alarm has occurred within any calendar month, hereinafter referred to as a "first response," no fee shall be charged, but the person having or maintaining such burglary or robbery alarm shall within three working days notice to do so make a written report to the law enforcement authority for the city on forms prescribed by the RPBO19650 -2- city setting forth the cause of such false alarm, the corrective action taken and such other information as the law enforcement authority for the city may require to determine the cause of such false alarm and the corrective action necessary. section 5. False Alarm - civil Penal tv. Any person or business, through error, omission, or mechanical failure which causes two or more false alarms in any calendar month shall commit an infraction punishable by a civil penalty. for the second false alarm shall be fifty dollars. The penalty The penalty for the third and successive false alarms shall be one hundred dollars, Any succeeding false alarms as a result of failure to take the necessary corrective action and/or any non-payment of any false alarm charges may result in the law enforcement authority for the city ordering the disconnection of such alarm until such corrective action is taken and/or any outstanding charges are paid; provided that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. section 6. False Alarm - Responsibilitv - Issuance of Notice of violation. collection of civil Penal tv. The law enforcement authority for the city shall be responsible for issuing notices of violations which contains the amount imposed as the civil penalty to persons following the second and all subsequent false alarms in any calendar month. The law enforcement authority for the city will notify the Federal Way RPBO19650 -3- City Clerk of the charges, fees, and penalties which are to be collected. It shall be the responsibility of the Federal Way city Clerk to collect charges, fees and penalties not properly cancelled and discharged. section 7. Riqht to Hearinq. Any person or business cited has a right to a hearing to contest the validity of the notice of violation and/or the amount of the civil penalty, The hearing shall be held before the Federal Way Hearing Examiner. A. such a person or business shall make a written request for a hearing on a form provided by the city Clerk. B. A request for a hearing must be filed with the Hearing Examiner within ten (10) days after the date when the notice of violation was issued. C. The Hearing Examiner shall then notify the person requesting the hearing, in writing, of: 1) The hearing date and time; and 2) That if the person or business desires to have the officer responsible for the issuance of the notice of violation present at the hearing, a written request on a document provided by the Hearing Examiner must be returned to the Hearing Examiner no later than ten (10) days prior to the hearing date; and 3) That in the absence of such a request, the officer's notice of violation and accompanying reports shall be received in evidence. RPBO19650 -4- D. A person or business shall have until ten (~O) days after the date of the request for a hearing to cancel the hearing by making payment to the Hearing Examiner in the amount of the civil penalty. If a hearing is cancelled more than ten (10) days after its request, then a ten dollar cancellation fee must be paid to the Hearing Examiner in addition to the amount of the civil penalty. E. At the hearing, the law enforcement authority for the city may produce any relevant evidence to show that the issuance of the notice of violation was proper. F. At the hearing, the person or business having requested the same may produce any re~evant evidence to show that the issuance of the notice of violation was not proper. G. At the conclusion of the hearing, the Hearing Examiner shall determine whether the imposition of the civil penalty was proper and provide both parties with a copy of its decision setting forth in writing the reasons for the determination reached. Should the Hearing Examiner determine that the amount of the penalty was not proper, then the Hearing Examiner shall determine the proper amount and provide a copy of its decision to the person or business requesting the hearing and the law enforcement authority for the city and the Federal Way city Clerk. RPBO~9650 -5- H. If the civil penalty is found proper, then the civil penalty shall be assessed against the owner of the premises. I. If the civil penalty is not found to be proper, then the owner of the premises shall bear no costs. section 8. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance, Section 9. This ordinance shall be in full force and effect five (5) days after passage and publication of an approved summary consisting of the title to this ordinance. PASSED by the City council of the city of Federal way this ~ day of April , 1990. CITY OF FEDERAL WAY 1Jcl.Jv'lÆ~ f!w MAYOR, DEBRA ERTEL ATTEST/AUTHENTICATED: A /Þ1' /.4/ 11.. ~Læti CITY CLERK, DELORES. MEAD APPROVED AS TO FORM: OFF~nœ CITY A~OmŒY' D.~ BY RPBOl9650 -6- FILED WITH THE CITY CLERK: March 22, 1990 PASSED BY THE CITY COUNCIL: April 17, 1990 PUBLISHED: April 20, 1990 EFFECTIVE DATE: April 25, 1990 ORDINANCE NO. 90-';2 RPBO19650 -7-