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-