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Bellevue Municipal Code Ch. 9.16 - False Alarms

Chapter 9.16
FALSE ALARMS

Sections:

9.16.010    Purpose.

9.16.020    Definitions.

9.16.030    Emergency response card.

9.16.040    Fees, corrective action, disconnection.

9.16.050    Interest charged on late fees.

9.16.060    Administrative decisions, notice.

9.16.070    Appeal from administrative decision, finality.

9.16.010 Purpose.

It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including fees and potential disconnection and criminal penalties. (Ord. 2474 § 3, 1977.)

9.16.020 Definitions.

In this chapter, unless a different meaning plainly is required:

A. “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.

B. “False alarm” includes the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery on the premises and at the time when no robbery, burglary or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises. (Ord. 2474 § 4, 1977.)

9.16.030 Emergency response card.

It is unlawful to have or maintain on any premises a burglary and/or robbery alarm unless there is on file with the police department an emergency response card containing the name or names and current telephone number or numbers of person(s) authorized to enter such premises and turn off any alarm. Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance and may be summarily abated by the police department. (Ord. 2474 § 5, 1977.)

9.16.040 Fees, corrective action, disconnection.

For police response to any false alarm, the city shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him fees as follows:

A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged. Upon first response, notice of conditions and requirements of this chapter shall be given to the owner or occupant of the premises on which the false alarm occurred and upon which the burglary and/or robbery alarm is located.

B. For a second response to premises within six months after the first response a fee of $75.00 shall be charged. The person having or maintaining such burglary and/or robbery alarm shall, within five working days after notice to do so, make a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police may reasonably require to determine the cause of such false alarm, any mitigating circumstances and corrective action necessary. The chief of police may direct the person having or maintaining such burglary and/or robbery alarm to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on said premises.

C. For a third response to premises within six months after a second response, a fee of $100.00 shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.

D. For a fourth response to premises within six months after the third response, a fee of $125.00 shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.

E. For a fifth response to premises within six months after a fourth response, a fee of $150.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section.

F. For a sixth response to premises within six months after a fifth response, a fee of $200.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section.

G. For a seventh response to premises within six months after a sixth response, and for all succeeding responses within six months of the last response, a fee of $250.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section. (Ord. 5577 § 1, 2004; Ord. 4237 § 1, 1991; Ord. 2843 § 1, 1980; Ord. 2474 § 6, 1977.)

9.16.050 Interest charged on late fees.

If payment of any fee due under this chapter is not received by the city of Bellevue finance department by the due date, the city shall add simple interest to the outstanding balance due. For the purposes of this section, the rate of interest to be charged shall be an average of the federal short-term rate as defined in 26 U.S.C. Section 1274(d) plus two percentage points. The rate shall be computed by taking an arithmetical average to the nearest percentage point of the federal short-term rate, compounded annually. That average shall be calculated using the rates from four months: January, April, and July of the calendar year immediately preceding the new year, and October of the previous preceding year. The rate shall be adjusted on the first day of January of each year for use in computing interest for that calendar year. (Ord. 5577 § 2, 2004.)

9.16.060 Administrative decisions, notice.

Notice of imposition of any administrative sanction, including the imposition of a fee or order of disconnection, under the provisions of this chapter, shall be given to the person having or maintaining a burglary and/or robbery alarm on premises owned or occupied by him; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises. (Ord. 5577 § 3, 2004; Ord. 2474 § 7, 1977. Formerly 9.16.050.)

9.16.070 Appeal from administrative decision, finality.

Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this chapter shall have a right of appeal therefrom to the city hearing examiner. Unless notice of appeal is filed with the city clerk within 10 days of receipt of notice of imposition of an administrative sanction, said sanction is deemed to be final. (Ord. 5577 § 4, 2004; Ord. 4978 § 26, 1997; Ord. 4819 § 6, 1995; Ord. 2474 § 8, 1977. Formerly 9.16.060.)