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HomeMy WebLinkAboutOrdinance 99-139-CC ; GRANT COUNTY BOARD OF COMNBSSIONERS Grant County, Washington ORDINANCE NO. 99-139-CC RESOLUTION NO. 99-139_CC AN ORDINANCE ADDING A NEW CHAPTER TO THE GRANT COUNTY CODE REGULATING BURGLARY ALARM SYSTEMS WITHIN UNINCORPORATED AREAS OF GRANT COUNTY, AND OTHER MATTERS PROPERLY RELATING THERETO. RECITALS: WHEREAS, Grant County is undergoing constant and increased pressures on its limited fiscal resources to provide important government services, including criminal justice services,which prompt the policy choice set forth herein; and WHEREAS, Grant County desires to make the wisest use of its limited fiscal resources; and WHEREAS,the number of homeowners,businesses and others installing and utilizing alarm systems is on the increase; and WHEREAS, the Crrant County Sheriff's Office is experiencing an increasing number of "false" alarms, caused in part by human and/or mechanical error relating to the operation of burglary alarms, including without limitation, calibration sensitivity; and WHEREAS, the hazards and waste of manpower resulting from responses to false alarms is a continuing problem for the Grant County Sheriff's Office WHEREAS, these alarms are treated as a"burglary in progress;" and WHEREAS, law enforcementi is required to pl�ce a high priority when addressing alarins from burglary al�.rm systems, and provide a"code" response; and WHEREAS, providing a priority response to false alarms, particularly when there exists repeat false alarms to the s�,me address, and when the false alarms could be avoided by resetting and/or re-aiming the triggering mechanism, is a waste of precious law enforcement resources which could be better utilized in responding to other needs of the public, including without limit�tion, emergency situations; and - 1 - CI V IL8\ORDINANC�FALSL�-A.OR3 WHEREAS, providing a code response to a false alarm unbeknownst to law enforcement needlessly endangers members of the public and law enforcement; and WHEREAS, the Grant County Sheriff's Office has recommended that an ordinance be passed to sanction preventable false alarms, and motivate individuals to more appropriately maintain and operate home security systems; and WHEREAS, Grant County desires to protect the health, safety and welfare of the public, �nd law enforcement. NOW,THEREFORE,THE BOARD OF COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON,DO HEREBY ORDAIN AND ESTABLISH THAT BURGLARY ALARM SYSTEMS SHALL BE REGULATED PURSUANT TO THE FOLLOWING ORDINANCE, CODIFIED IN THE GRANT COUNTY CODE AS A NEW C�IAPTER TO TITLE 6,AS FOLLOWS: Section 1: The Board of Commissioners do hereby ordain and establish an ordinance regulating burglary alarm systems, to be codified as chapter 6.36 of the Grant County Code, as follows: Sections: 6,36,010 Definitions 6.36.020 Violations - Use Or Possession Of Burglary Alarm Systems Prohibited. 6.36.030 Corrective Action 6,36.040 Exemptions 6.36,050 Violations As Civil Infractions 6,36.060 Citation Procedure 6.36,070 Penalties 6,36.010 Definitions. For the purpose of this chapter, the following words and phrases used herein sha11 have the designatied meaning unless a different meaning is expressly provided; (1) "Burglary Alarm System" includes any mechanical, electrical and/or computer assisted alarm system prim�,rily designed to detect and alert others of an unl�,wful entry onto the property and/or into structures, owned or used by real or artificial persons. (2) "Unpreventable False Alarm" means those false alarms caused by power failures or interferences unrelated to the operation of the Burglary Alarm System by its owner and/or owner's �gent. - 2 - CI V IL8\ORDINANC�FALSE-A.OR3 (3) "Preventable False Alarm" means all false alarms which are not "Unpreventable False Alarms," (4) All other words and phrases used herein will have their commonly accepted meanings. 6.36.020 Violations. Use Or Possession Of Burglary Alarm Systems Prohibited. (�) It is unlawful for any person to use or maintain on the premises any burglary alarin system in the unincorporated areas of Grant County, except as set forth herein. (a) The alarm will shut itself off after sounding for a maximum period of seven(7) minutes; and (b) There is posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter such premises and turn off such alarm can be reached at all times, and it is unlawful for any such person to fail to appear and turn off any alarm within one (1) hour after being notified by the law enforcement to do so. (2) It is unlawful for any person to activate any law burglary al�rm system for the purpose of summoning law enforcement except in the event of an actual or �ttempted burglary or robbery, or for anyone notifying law enforcementi of an activated �larm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system, to fail at the same time to notify law enforcement of such apparent malfunction. 6.36.030 Corrective Action. The owner or person maintaining a burglary alarm system which violates any provision of this ordinance will be given notice by the Grant County Sheriff's Office within seven(7) days of discovery of said violation by law the Grant County Sheriff s Office, That owner or person shall make a written report and file same with the Grant County Sheriff"s Office within three (3) work days, stating the cause of the false alarm, any corrective action t�ken and whether the burglary alarm system has been inspected by an authorized service representative, and any other information required by the Sheriff or designee, to determine the cause ot'the alarm and the corrective action necessary. 6.36.040 Exemptions. This chapter does not apply to or affect the following; (1,) Disconnections cannot be ordered by the Crrant County Sheriff �nd/or his/her designee, for any premises required by law to maintain an alarm system. 6,36,050 Violations As A Civil Infraction. The performance of any act prohibited by this chapter is designated as an infraction. - 3 - C I V IL 8\ORD INANC�F'AL SE-A.OR3 6.36,060 Citation Procedure. The procedures for issuance of Notice of Infr�ction, hearings, assessments and payment of monetary penalties, shall be in accordance with the provisions of ' chapter 7,08 RCW. Hearings on Notices of Infractions issued pursuant to chapter 6.36 of the Gr�nt County Code, shall subject the violator to the following penalties: (1). First Offense Per Calendar Quarter $ 25,00 (2). Second Offense Per Calendar Quarter $ 50,00 (3). Each Subsequent Offense Per C�lendar Quarter $100.00 Section 2: If any provision of chapter 6,36 of the Grant County Code, or its applic�tion to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances shall not be affected. Section 3; This ordinance sh�ll take effect the l�t day of October, 1999. A public hearing was held on the �bove ordinance/resolution at 1:00 o'clock p.m,, on the 2n`' day of July, 1999. NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE GRANT COUNTY BOARD OF COMMISSIONERS adopt this ordinance. PASSED AND ADOPTED this ls`day of September, 1999. BOARD OF COUNTY COMMISSIONERS GRANT CO Y, WASHINGTON ( Tim Snead, Cha' d LeRoy C. lison, Member Deborah Kay Moore, Member ATTEST; - _� Clerk o Board PUBLISHED: 07/22/99; 07/29/99 - 4 - CI V IL8\ORDINANC�F'ALSE-A.OR3