The purpose of this chapter is to encourage security alarm users and security alarm monitoring companies to maintain the operational reliability and the proper use of alarm systems in order to reduce unnecessary police, fire and emergency responses to false alarms and to require in-person or other independent verification before responding to emergency calls at premises where an automatic property, robbery, panic, fire, or burglary alarm system has a record of unreliability.
The express purpose of this chapter is to provide for and promote the health, safety and welfare of the general public, and not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially affected by the terms of this chapter. This chapter imposes or creates no duties on the part of the city or any of its departments, and the obligation of complying with the requirements of this chapter, and any liability for failing to do so, is placed upon the parties responsible for owning, operating, monitoring or maintaining automatic alarm systems.
Nothing in this chapter shall prohibit or prevent any individual from making reports to the Pacific police and fire departments.
(Ord. 1432 § 1, 1999; Ord. 1485 § 1, 2000)
Unless the context or subject matter otherwise requires, terms defined herein shall have the following meanings when used in this chapter:
A. 
"Alarm business"
means any individual, partnership, corporation, or other entity that engages in the business of selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system on real property.
B. 
"Alarm system monitoring company"
means any individual, partnership, corporation, or other form of association that engages in the business of monitoring property, burglary, robbery, fire or panic alarms, and reporting any activation of such alarm systems to the Pacific police department, or the Pacific fire department through dispatch services.
C. 
"Alarm system"
means any system, device or mechanism which, when activated, transmits a telephone message to a private monitoring company or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device or mechanism primarily protecting a motor vehicle, or a medical alarm.
D. 
"Alarm user"
means the person, firm, partnership, association, corporation, company, organization, or entity having or maintaining a property, burglary, robbery, fire, or panic alarm. It means only the subscriber when the system is connected to an alarm system monitoring company.
E. 
"Automatic dialing device"
means a device that is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response. Such a device is an alarm system.
F. 
"Burglary alarm"
means any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors or other techniques, and, when activated, automatically transmits a telephone message, emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the protected premises.
G. 
"Chief of police"
means the chief of the city of Pacific police department.
H. 
"City clerk"
means the clerk of the city of Pacific.
I. 
"Department"
means the city of Pacific police department.
J. 
"Dispatch" or "immediate dispatch"
means a discretionary decision whether to direct police or emergency units to a location where there has been a report made, by whatever means, that police assistance, or investigation, or emergency assistance is needed. There is no duty to dispatch or immediately dispatch under any circumstances whatever, whether automatic alarms are involved or not, and all dispatch decisions are made subject to competing priorities and available police and emergency response resources.
K. 
"Economically disadvantaged person"
means a person receiving public assistance.
L. 
"False alarm"
means the activation of a property, burglary, or other alarm when:
1. 
There is no evidence of a crime or other activity on the premises that would warrant a call for immediate police assistance or police investigation, or immediate assistance from fire or emergency response personnel; and
2. 
No individual who was on or near the premises or who had viewed a video communication from the premises, called for the dispatch or confirmed a need for an immediate police or emergency response.
An alarm shall be presumed to be false if the police officers responding do not locate any evidence of an intrusion or commission of an unlawful act or emergency on the premises which might have caused the alarm to sound.
False alarms do not include those alarms caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user.
M. 
"Interconnect"
means to connect an alarm system including an automatic dialing device to a telephone line, either directly or through a mechanical device that utilizes a telephone, for the purpose of using the telephone line to transmit a message upon the activation of the alarm system.
N. 
"Registration year"
means January 1st to and including December 31st.
O. 
"Premises"
means any area and any portion of any area protected by an alarm system.
P. 
"Robbery alarm system"
means an alarm system designed or used for alerting others of a robbery or other crime in progress which involves potential serious bodily injury or death.
It shall also include any device, or mechanism, activated by an individual on or near the premises, to alert others that a robbery or any other crime is in progress, or that the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria:
1. 
The system is installed on real property (the "protected premises");
2. 
It is designed to be activated by an individual for the purpose of summoning assistance to the premises;
3. 
It transmits a telephone message or emits an audible, visible, or electronic signal that can be heard, seen or received by persons outside the protected premises; and
4. 
It is intended to summon police or emergency assistance to the premises.
Q. 
"System subscriber"
means a person, corporation, firm, partnership, association, company, organization or other business entity who purchased or contracted for any alarm system.
R. 
"Panic/trouble alarm"
means an alarm system designed or used for alerting police of the need for immediate assistance or aid in order to avoid injury or serious bodily harm.
S. 
"Verification"
means an independent method of determining that a signal from an automatic alarm system reflects a need for immediate police assistance or investigation.
(Ord. 1432 § 2, 1999; Ord. 1485 § 1, 2000)
A. 
After January l, 2000, no person shall operate or use an alarm system on any premises within the city of Pacific, under that person's control, without first having obtained from the city clerk's office, a separate registration for each premises protected by an alarm system.
B. 
The police department and/or fire department may not respond to any alarm system for which a registration has not first been obtained.
C. 
For the purposes of this section, a person shall be deemed to be an operator or user of an alarm system if:
1. 
The person controls both the alarm system and the premises upon which it is installed; or
2. 
The person controls the premises and is the subscriber, client or tenant of the system subscriber; or
3. 
The person is the system subscriber or alarm user.
D. 
All persons required to obtain a registration must complete a registration application form which is provided by the city clerk's office. Information required to be provided on the registration application form includes, but is not limited to:
1. 
Subscriber's and/or alarm user's name, address and telephone number(s);
2. 
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 who have authority to enter and provide access to the premise and to deactivate the alarm;
3. 
The electrical inspection permit number;
4. 
Name of the alarm business responsible for regular maintenance and that company's electrical contractor's license number;
5. 
The information required in subsections (D)(3) and (4) of this section shall not apply to alarms which are installed by the homeowner/tenant;
6. 
The information required in subsection (D)(3) of this subsection shall not apply to:
a. 
Existing alarms; or
b. 
Alarms which are installed in multiple-tenant buildings.
7. 
Identification of the property to be serviced by the alarm system by street address, including any building or unit numbers.
8. 
A section that contains the following language, to be initialed by alarm user:
I agree at all times to protect and save harmless the city from all claims, actions, suits, liability, loss, costs, expenses or damages of every kind or description which may accrue to, or be suffered by, any person or persons or property by reason of the response, or lack of response, to my alarm by the city fire and/or police department(s), due to the malfunction or error of the alarm system, the alarm business, or my noncompliance with rules and regulations contained herein, or due to my negligence, or negligence of the alarm business, or parties other than the city.
9. 
Give such other information as reasonably may be required by the chief of the fire department, or the chief of the police department.
E. 
Failure to complete the required information will result in automatic denial of the registration.
F. 
Each registration shall be given a number which shall not be transferable or assignable. Moreover, if the alarm user decides to change, alter, reconnect, or modify the alarm system in any way, other than by disconnection, he or she must complete a new registration form, as provided for, and in accordance with this chapter.
G. 
Completed applications for an alarm user's registration and fee as set forth in the fee resolution shall be filed with the city clerk's office, except that no fee shall be charged for alarms installed prior to enactment of this chapter if a registration application for such existing alarm system is filed within 90 days after enactment of this chapter.
H. 
A penalty fee as set forth in the fee resolution will be charged, in addition to the fee provided in subsection G of this section, to a user who fails to obtain registration approval within 30 days after the system becomes operative, or to a current user who fails to obtain registration approval as set forth in this chapter.
I. 
Registration fees shall be payable to the city of Pacific and deposited into the city's general fund to be used exclusively for the direct or indirect support of law enforcement activities.
J. 
Any person who owns, operates, or possesses any alarm system within the city of Pacific, 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 March 31, 2000.
K. 
The following persons or entities shall be required to obtain a registration under this chapter, but shall not be required to pay a registration fee:
1. 
A business which is a nonprofit organization, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, governmental or youth organizations.
L. 
Alarm users shall notify the police department within 10 days, of any change of information from that contained on the registration application.
M. 
The city expressly reserves the right to revoke or refuse renewal of any permit issued under this chapter by the chief of the fire department or by the chief of the police department upon written notice to the alarm user for failure to comply with the terms and conditions of the registration, or the provisions of this chapter, or any lawful order or direction of the chief of the fire department, or the chief of the police department.
(Ord. 1432 § 3, 1999; Ord. 1485 § 1, 2000)
A. 
Service charges will be assessed by the city clerk for excessive false alarms during the registration year as follows:
Third and fourth false alarms: fee set forth in fee resolution.
Fifth and additional false alarms: fee set forth in fee resolution.
B. 
The city clerk shall notify the alarm user and the alarm business by regular mail of the false alarm, any fine associated with the false alarm and the consequences of the failure to pay the fine, and the consequences of repeated false alarms. The city clerk shall also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided in PMC § 8.48.100. If the service charge has been assessed and has not been received by the city clerk's office within 60 days from the day the notice of service charge was mailed by the city clerk's office, and there is no appeal pending on the validity of the false alarm, the city clerk shall send the notice of service charge by certified mail along with a notice of late fee as set forth in fee resolution. If payment is not received within 10 days of the day the notice of late fee was mailed, the police chief may initiate the "no response process," as spelled out in PMC § 8.48.050, and enforce any penalties so imposed.
(Ord. 1432 § 4, 1999; Ord. 1485 § 1, 2000)
A. 
In exercising his or her discretion to make an immediate dispatch in response to an automatic property, burglary, robbery, panic or fire alarm, the chief of police (or the chief of the fire department), or his or her officers, shall disregard a call for emergency assistance when:
1. 
The premises are not a residence; and
2. 
The call comes from or is prompted by an automatic alarm system that has a record of sending five false alarms within a period of 12 months; and
3. 
The call is the only basis for making such a dispatch.
The chief of police or the chief of the fire department, or any of their officers may consider such a call as an additional factor in making his or her decision to order an immediate dispatch when an in-person call, verification from an individual at or near the premises, or other independent evidence shows a need for immediate police, fire, or emergency assistance at the premises.
B. 
To discourage false alarms, the city clerk may adopt a process of sending a letter or delivering a notice informing the alarm system user of record of the consequences of a false alarm, the need to take corrective action, and the prospect that five false alarms within a 12- month period shall result in the alarm being disregarded and an in-person call or verification being required or other independent information showing a need for such a dispatch before an immediate dispatch will be made to the premises.
C. 
After the fifth false alarm in a registration year, the city clerk shall send a notification to the alarms user by mail, which will contain the following:
1. 
That five false alarms have been received within a 12-month period;
2. 
That the remedy authorized in subsection A of this section may be taken;
3. 
That if any additional false alarms occur within the remainder of the registration year, the police and/or fire department may not respond to any subsequent alarms without the approval of the police chief and/or the fire chief, and the alarm user registration can be revoked;
4. 
That the alarm user may request a hearing before the police chief or his or her designee to explain why the proposed action should not be taken. If no hearing is requested, the police and/or fire department, after 10 days, will disregard the sounding of any alarm system from the premises without a call or verification from an individual or other independent information showing a need for such dispatch. Such requirement of an in-person communication or verification may remain in effect for a period of 365 days;
5. 
That the approval of the police chief and/or the fire chief can only be obtained by applying in writing for reinstatement. The alarm user's registration may be reinstated upon a finding that reasonable effort has been made to correct the false alarms. Consideration may be given to a letter from user's alarm company, duly registered to do business in the city of Pacific 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 Pacific shall not be responsible for any costs incurred by the user to qualify for reinstatement. All costs of inspection and/or corrective actions shall be the responsibility of the individual having or maintaining the alarm on the premises or of the operator of the alarm service;
6. 
That reinstated users will be billed for any false alarm responses after reinstatement. Moreover, reinstated users will be subject to further revocation after any more false alarm responses after reinstatement during the remainder of the registration year. Registrations will not be reinstated if there are any outstanding fees or service charges due;
7. 
That the alarm user has the right to contest the validity of a false alarm determination through an administrative hearing as set forth in PMC § 8.48.100.
D. 
After the fifth false alarm within a registration year, there may be no police and/or response to subsequent alarms without approval of the police chief and/or fire chief. If police and/or fire response is suspended, the city clerk shall send a notification of the suspension to:
1. 
The department's communications center;
2. 
The department;
3. 
The alarm user by certified mail; and
4. 
The persons listed on the alarm user's registration who are to be contacted in case of any emergency, by certified mail.
E. 
The suspension of police and/or fire response to an alarm shall begin 10 days after the date of mailing of the notice of suspension of service to the alarm user unless a written request for a administrative hearing has been made in the required time period as set forth in PMC § 8.48.100.
(Ord. 1432 § 5, 1999; Ord. 1485 § 1, 2000)
A. 
The premises shall display the registration decal at or near the main entrance, which shall be clearly visible and readable from the exterior of the premises.
B. 
The premises shall display the street address at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible and readable from the exterior of the premises.
C. 
If requested to do so by the department, the alarm user or his or her designee shall respond to a premises following activation of an alarm system within a reasonable time, and in any event, within one hour after said notification.
D. 
No person shall activate any robbery, burglary, panic, property, or fire alarm for the purpose of summoning police or fire personnel except in the event of an unauthorized entry, robbery, or other crime being committed or attempted on the premises, or the user needs immediate assistance in order to avoid injury or serious bodily harm, or property destruction.
E. 
If an alarm user has knowledge that an alarm has been activated due to an electrical or other malfunction of the alarm system, they shall immediately notify the police and/or fire department of the malfunction.
(Ord. 1432 § 6, 1999; Ord. 1485 § 1, 2000)
A. 
Every alarm system monitoring company engaging in business activities in the city of Pacific shall:
1. 
Be registered to do business in the city of Pacific;
2. 
Submit a standard user form instruction sheet to the police chief. If the police chief finds the instructions are incomplete, unclear, or inadequate, the police chief may require the alarm business to revise the instructions to comply with subsection (A)(4) of this section and then to distribute the revised instruction to its alarm users;
3. 
Provide the police chief information about the nature of its property alarms, burglary alarms, robbery alarms, fire alarms and panic alarms; its method of monitoring; its program for preventing false alarms, and its method of disconnecting audible alarms;
4. 
Furnish the user with instructions that provide information to enable the user to operate the alarm system properly and information on how to obtain service for the alarm system at any time. The alarm business shall also inform each alarm user of the requirement to obtain a city registration;
5. 
Establish a process for alarm verification. The verification process shall take no more than five minutes, calculated from the time that the alarm signal has been accepted by the alarm business monitoring the system, until a decision is made whether to call for a police dispatch. The means of verification may include one or more of the following:
a. 
The establishment of voice communication with an authorized person at or near the premises who may indicate whether or not need for immediate police assistance or investigation exists;
b. 
A feature that permits the alarm system user or a person authorized by the user to send a special signal to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company calling for a police, fire or emergency dispatch;
c. 
The installation of a video system that provides the alarm system monitoring company with the ability to ascertain that activity is occurring which warrants immediate police assistance or investigation;
d. 
A confirmation, either by the alarm system user, or a person at or near the premises, that a signal reflects a need for immediate police assistance or investigation before dispatching police; or
e. 
An alternate system that the police chief determines has, or is likely to have, a high degree of reliability;
6. 
Coordinate with the department's communication center to develop a process to cancel an alarm dispatch that is consistent with the communication center's standard operating procedures;
7. 
Provide the department's communication center with the registration number for that premises requesting an alarm response. The department need not respond if the registration number is not provided;
8. 
Maintain a current list of all subscribers' names and the associated protected premises that are located within the city of Pacific, which list shall be accessible to the chief of police at all times;
9. 
When the chief of police reports that there appears to have been a false alarm at a subscriber's premises, work cooperatively with the subscriber and the chief of police in order to determine the cause thereof and prevent recurrences.
(Ord. 1432 § 7, 1999; Ord. 1485 § 1, 2000)
A. 
No person shall operate or use an alarm system which emits an audible sound where such emission does not automatically cease within 15 minutes. Nothing in this section shall limit the duration of a fire or other evacuation alarm during a bona fide emergency when the sound may assist in saving life or avoiding injury.
B. 
No person shall use an alarm system to protect more than one business and/or private residence without receiving a separate registration for each business and/or private residence to be protected.
C. 
No person shall operate or use any alarm system for which the registration has been revoked.
D. 
No person shall operate or use any alarm system which automatically dials the department directly and delivers a pre-recorded message.
E. 
Violation of any of this section constitutes a Class 2 civil infraction, which shall be charged to the alarm user.
(Ord. 1432 § 8, 1999; Ord. 1485 § 1, 2000)
A. 
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:
1. 
A registration shall be designated a special alarm user's registration.
2. 
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 penalty fees and service charges.
B. 
An alarm user that is a governmental unit shall be subject to this chapter; but a registration shall be issued without payment of a fee and shall not be subject to service charges or the imposition of any penalty provided herein.
(Ord. 1432 § 9, 1999; Ord. 1485 § 1, 2000)
A. 
An alarm user may appeal the validity of a false alarm determination to the police chief. The appeal shall be in writing on a form provided by the city clerk, and shall be requested within 10 days of the notice of penalty received from the city clerk's office. 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.
B. 
If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the police chief, by certified mail, at least 10 days prior to the date set for the hearing, which shall not be more than 21 nor less than 10 days after the filing of the request for hearing. The notice shall also notify the person or business requesting the hearing that if they desire to have the officer responsible for the issuance of the civil infraction present to testify at the hearing, they must make a written request for his appearance no later than 10 days prior to the hearing date, and that in the absence of such a request, the officer's notice of violation and any accompanying report shall be received in evidence.
C. 
The hearing shall be before the police chief as administrative hearing officer. The police chief may appoint another person to be an administrative hearing officer to hear the appeal and to render judgment. The alarm user and the city representative shall have the right to present written and oral evidence. If the administrative hearing officer determines that the false alarms alleged have occurred in a registration year, the administrative hearing officer may issue written findings waiving, expunging or entering a false alarm designation on an alarm user's record. If false alarm designations are entered on the alarm user's record, the city clerk shall pursue the collection of the penalty fines. If the civil penalty is not found to be proper, then the alarm user shall bear no costs.
D. 
A person or business shall have until 10 days after the date of the request for a hearing to cancel the hearing by making payment to the city clerk in the amount of the civil infraction. If a hearing is canceled more than 10 days after its request, then a cancellation fee as set forth in the fee resolution must be paid in addition to the amount of the civil infraction.
E. 
In accordance with RCW 46.55.240 (1)(d), a decision made by an administrative hearing officer may be appealed to the King County district court for final judgment.
F. 
For the purposes of this chapter, there is a rebuttable presumption that the following determinations made by the chief of police, or made on behalf of the chief by a police officer dispatched to the-premises, are correct:
1. 
There is no evidence of a crime or other activity that would warrant a call for immediate police assistance or police investigation at the premises; and
2. 
No individual who was on or near the premises, or who had viewed a video communication from the premises, called for the dispatch or verified a need for an immediate police response.
G. 
At the conclusion of the hearing, the administrative hearing officer shall determine whether the imposition of the civil penalty was proper and provide both parties with a copy of his or her decision setting forth in writing the reasons for the determination reached. Should the administrative hearing officer determine that the amount of the penalty was not proper, then he or she shall determine the proper amount and provide a copy of the final decision to the person or business requesting the hearing and the city clerk.
H. 
If the civil penalty is found proper, then the civil penalty together with court costs and the expenses of the hearing shall be assessed as a civil penalty against the owner of the premises. If the civil penalty is not found to be proper, then the owner of the premises shall bear no costs.
I. 
Nothing in this chapter shall be construed to prevent the administrative hearing officer from exercising discretion in assessing penalties, costs or arranging time payments if justice so requires.
(Ord. 1432 § 10, 1999; Ord. 1485 § 1, 2000)
Unless otherwise provided herein, whoever violates any provisions of this chapter shall be found to have committed a Class I civil infraction.
(Ord. 1432 § 11, 1999; Ord. 1485 § 1, 2000)