FALSE ALARM ORDINANCE

SMC 10.04.010 False Alarm – Prohibited.

 A. No person may willfully tamper with, damage, or interfere with any wire, switch, telephone, radio, or other equipment or apparatus of any public or private alarm system.

 B. No person may willfully and without reasonable grounds give or send any false alarm of fire or other emergency, including shouting in a public place.

 C. No person may intentionally activate any alarm system, for the purpose of summoning emergency response personnel, except in the event of an actual or attempted criminal activity or other actual emergency necessitating emergency response personnel response, and no person notifying emergency response services of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system may fail at the same time to notify the emergency response personnel of such apparent malfunction.

 D. No alarm system user may cause or allow more than two false alarms to occur within any one-year period. This one-year period shall commence from the date of the first false alarm incurred by the alarm system user and continue for a 12-month period thereafter.

 E. No person may provide alarm system monitoring service to the user of an automatic alarm system without maintaining a verification process as provided in Section 10.07.016.

 F. A violation of subsections A through C, inclusive, is a misdemeanor; a violation of subsections D or E is a civil infraction.

SMC 10.07.011 Definitions.

 A. "Alarm system" means any assembly of equipment, mechanical or electrical, designed to alert law enforcement agencies, emergency response personnel, the public, or any person of the commission or attempted commission of a crime or of an emergency. "Alarm system" includes, but is not limited to, burglary, robbery, fire, emergency panic, or traffic control alarms whether on public or private premises.

 B. "Alarm system monitoring personnel" means any person that engages in the business of monitoring emergency alarm systems and reporting any activation of such alarm systems to the appropriate public safety agency.

 C. "Alarm system user" means the person who owns or has control over any premises where an alarm system is maintained. An alarm system user is regarded as the person requesting activation of the emergency alarm response and who is responsible for corrective action under this ordinance as a result of a false alarm.

 D. "Authorized service personnel" means those persons who, by reason of their experience, trade, or occupation, can demonstrate to the chief of police that they are qualified to inspect or repair alarm systems.

 E. "Emergency response personnel" means law enforcement, fire fighting or emergency dispatch personnel, or any other person or entity responsible for responding to an alarm system.

 F. "False alarm" means the willful, intentional or unintentional activation of any alarm system for the purpose of summoning the police or fire department or other emergency response personnel at a time when there is no evidence of criminal activity having been committed or attempted on the premises, or no fire or other emergency exists. False alarm also includes an alarm activated due to an equipment malfunction, improper installation or maintenance of equipment, human error or negligence, or any cause other than the actual commission or attempted commission of a criminal act.

 G. "Non-Response Order" means an order given by the police chief or his/her designate