CHAPTER 8.24 BURGLAR ALARM SYSTEMS

Transcription

1 CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 8.24 BURGLAR ALARM SYSTEMS Sections: Purpose of Provisions Definitions Alarm Businesses - License - Application Alarm Businesses - License - Requirements Alarm Businesses - License - Application Review and Issuance Alarm Businesses - License - Fees Alarm Businesses - License - Revocation Alarm Agents - Identification Cards - Required - Application Alarm Agents - Identification Cards - Application Review and Issuance Alarm Agents - Identification Cards - Suspension or Revocation Alarm Agents - Identification Cards - Form - Return of Cards Administrative Rules Automatic Dialing Device - Connections Automatic Dialing Device - Operating Instructions - Service VARDA Alarms Central Stations - Standards Modified Central Stations - Standards Answering Services - Standards Alarm Systems - Standards and Inspection Inspection of Alarm Devices and Businesses Statistical Data Testing of Equipment Notice of Disruption in Service False Alarms Service by Mail Violation - Civil Penalty Purpose of Provisions: The purpose of this chapter is to provide minimum standards and regulations applicable to burglar and robbery alarm systems, alarm businesses, alarm agents, and alarm users as defined in this chapter (Ord. 927, 1979) Definitions: For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. 1. "Alarm agent" means any person employed by an alarm business whose duties include the monitoring, altering, installing, maintaining, moving, repairing, replacing, selling, servicing, responding to, or causing others to respond to an alarm device. Personnel involved in new construction not in the employ of an alarm business may be involved under contracts or subcontracts in the use or installation of alarm systems. Such persons are not required to obtain identification cards as alarm agents or obtain licenses as alarm businesses. 2. "Alarm business" means any business operated by a person for a profit which engages in the activity of monitoring, altering, installing, leasing, maintaining, repairing, replacing, selling, or responding to a burglar or robbery alarm system, or which causes any of these activities to take place. 3. "Alarm system" means an assembly of equipment and devices (or a single device such as a solid state unit which plugs directly into a 110-volt AC line) arrange to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. In this chapter, the term "alarm system" shall include the terms "automatic robbery alarm 27 (6/79)

2 systems," "burglar alarm systems," "robbery alarm systems,: and "manual robbery alarm systems" as those terms are defined in this section. Fire alarm systems and alarm systems which monitor temperature, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this chapter. 4. "Alarm user" means any person on whose premises an alarm system is maintained within the city except for alarm systems on motor vehicles or proprietary systems. If, ever, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a proprietary system), the person using such a system is an alarm user. Also excluded from this definition and from the coverage of this chapter are persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located, of an attempted unauthorized intrusion or robbery attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this chapter. 5. "Annunciator" means the instrumentation on an alarm console at the receiving terminal of a signal line which through both visual and audible signals shows when an alarm device at a particular location has been activated or it may also indicate line trouble. 6. "ANSI" stands for the American National Standards Institute. 7. "Answering service" refers to an answering service providing among its services the service of receiving on a continuous basis through trained employees, emergency signals from alarm systems, and thereafter immediately relaying the message by live voice to the communication center of the Moses Lake Police Department. 8. "Automatic dialing device" refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect. 9. "Automatic robbery alarm system" means an alarm system on which the signal transmission is initiated by the action of the robber. 10. "Burglar alarm system" refers to an alarm system signaling an entry or attempted entry into the area protected by the system. 11. "Central station" means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where guards are maintained continuously to investigate signals. 12. "Central station equipment" refers to the signal receiving, recording, or re-transmitting equipment installed in the central station. 13. "Central station system" means a system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded in, maintained, and supervised from a central station having trained operators and guards in attendance at all times. 14. "Direct connect" means an alarm system which has the capability of transmitting system signals to and receiving them at an agency or business. 28 (6/79)

3 15. "Direct line" means a nondialing telephone line or intercom line leading directly from a central station to the communication center of the Police Department that is for use only to report emergency signals on a person-to-person basis. 16. "False alarm" means the activation of a burglary and/or robbery system by other than a forced entry, attempted force entry, robbery, or attempted robbery caused by mechanical failure, malfunction, improper installation, or negligence of the owner or lessee of an alarm system or his employees or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, or other violent conditions. 17. "Holdup alarm system" is the same as defined in this section as robbery alarm system. 18. "Interconnect" means to connect an alarm system to a voice-grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system. 19. "Local alarm system" refers to a signaling system which when activated causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed. 20. "Manual robbery alarm system" refers to an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack. 21. "Modified central station" means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. Such modified central station is not listed by Underwriters' Laboratories. 22. "Police Chief" means the Chief of the Police Department of the city or his designated representative. 23. "Police" or "Police Department" means the publicly supported Police Department of the city or any authorized agent thereof. 24. "Proprietary system" means an alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises. If a proprietary system includes a signal line connected directly or by means of an automatic dialing device to a central station, modified central station, or answering service, it thereby becomes an "alarm system" as defined in this section and must meet the requirements of this chapter. 25. "Remote signaling system" means an alarm signaling system which when activated by an alarm device transmits a signal from an alarm signaling device to a central location, other than the Police Department, where appropriate action is taken to investigate and respond to the signal. 26. "Robbery alarm system" refers to an alarm system signaling a robbery or attempted robbery. 27. "Signal line" refers to the transmission line through which the signal passes from one of the elements of the signal transmission to another. 28. "Subscriber" means a person who buys and/or leases, or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device. 29 (6/79)

4 29. "Telephone company" means the utility that furnishes telephone services to the city. 30. "UL" stands for Underwriters' Laboratories. (Ord. 927, 1979) Alarm Businesses - License - Application: A. Any person engaging in an alarm business in the city shall, within thirty days after the effective date of the ordinance codified in this title, apply to the Finance Director for a license to operate on a form to be furnished by the Finance Director. Businesses which sell only those alarm systems excluded from the definition of alarm systems in subsection 3 of Section are not required to obtain a license under this section. B. Such application shall be signed by the individual proprietor of such business, or by a partner, or by the proper corporate official, as is appropriate for the form of the business seeking the license, and shall include the following: 1. The name, address, and telephone number of the alarm business, and the type of business organization it is (individual, partnership, or corporation). If the business is an individual proprietorship, the name, address, and telephone number of the owner; if a partnership, the name, address, and telephone number of each partner (general, limited, silent, etc.); if a corporation, the names and addresses of the directors, principal officers and stockholders (any stockholder holding more then twenty percent of the corporation's authorized and issued stock) and the state where incorporated; 2. Certification that within ninety days after the effective date of the ordinance codified in this chapter, or upon receipt of notice of approval of a license, whichever occurs later, the alarm business shall maintain a description of the alarm systems and devices offered for sale or lease to the public and a description of any services related to alarm devices offered to the public; 3. Certification that within ninety days after the effective date of the ordinance codified in this chapter, or upon receipt of notice of an approval of a license, whichever occurs later, a complete list of the names and addresses of all persons for whom alarm systems have been sold and/or are currently under contract to the alarm business for service on or after the effective date of the ordinance codified in this chapter, shall be maintained for inspection by the Police Chief during the course of his official business; 4. A complete list of criminal convictions, if any, except for minor traffic offenses of the applicant, or a list of criminal convictions, if any, except for minor traffic offenses of each partner, officer, or local office manager if the applicant is other than an individual; 5. A statement that the applicant will inform the Police Department within ten days after any substantial change in the information required by this section in writing; 6. A copy of a valid Washington State Electrical License issued by the Department of Labor and Industries as required by RCW , if the applicant is going to be involved in the business of installing wires or equipment to convey electric current or installing apparatus to be operated by such current as it pertains to the electrical industry. C. License application shall be accompanied by a nonrefundable fee of ninety dollars ($90) to cover the costs to the city of processing the application and investigating the applicant. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) 30 (12/00)

5 Alarm Businesses - License - Requirements: A. Applicants already doing business in Moses Lake on the effective date of the ordinance codified in this chapter may continue to do business while their license applications are being processed. An applicant not previously doing business in Moses Lake on the effective date of the ordinance codified in this chapter shall not commence doing business until his application is approved. B. If an alarm business is operating or intends to operate a central station, a modified central station, or a telephone answering service, the license application shall so specify. An alarm business which commences operation of a central station, a modified central station, or a telephone answering service must comply with the applicable standards set forth in Sections through and must be inspected for such compliance by an appropriate city official before a license may be issued. C. Alarm businesses which are operating a central station modified central station, or telephone answering service on the effective date of the ordinance codified in this chapter shall have two years after such date to conform to the standards required by Sections through (Ord. 927, 1979) Alarm Businesses - License - Application Review and Issuance: A. The Finance Director shall request a background report on the applicant to be prepared by the Police Chief or his designated representative based on the information contained in the application together with such other relevant information as may be obtained pertaining to the applicant and his business with a recommendation to approve or deny the license. The background check will require a full set of rolled fingerprint impressions of the applicant which will be sent to the state and national identification sections of the State of Washington and the Federal Bureau of Investigation. In addition to the fingerprints, the Moses Lake Police Department will photograph the applicant with the photograph to be retained in the Finance Director s business files and identification files of the Police Department. B. On the basis of this report, the Police Chief shall, within sixty days after the receipt of the Finance Director's request for a report of an application for an alarm business license, make a recommendation to either approve or deny the issuance of a license. Upon making a decision, the Finance Director shall: 1. In the case of approval, notify the applicant in writing of the approval, and inform him that upon the presentation of the writing to the Finance Director, or his designated representative, and the payment of the required fee, the applicant will be issued a license to operate; 2. In the case of denial, notify the applicant in writing of the denial and of the basis for the denial, which may be nonconformance with any part of this chapter. If the basis for the denial can be corrected,the writing shall so state and shall explain how these corrections may be made and set a reasonable time limit for making such corrections. The notice of denial shall inform the applicant that he may appeal the denial and set forth the procedure for appeal. The procedure for appeal shall be as follows: a. Within ten days after receipt of the notice of denial, the applicant shall file a notice of appeal with the City Manager addressed to the City Council and stating the basis of the appeal. 31 (12/00)

6 b. Within ten days after receipt of the notice of appeal, the City Manager or his designated representative shall arrange for a conference with the applicant and the Police Chief to attempt to reach an agreement concerning the appeal. c. If the conference fails to settle the matter in a way acceptable to the applicant, arrangements shall be made to have the appeal heard before the City Council. Such hearing shall be held within twenty days after the conference. The City Manager shall cause the applicant to be given notice of the hearing by certified mail at least seven days in advance of the date of the hearing. Notice of such hearing shall also be posted as part of the City Council's agenda for that meeting. The applicant may appear before the City Council and the applicant or his designated representative may make an oral presentation of his appeal, or he may make the appeal through a written statement, or he may do both. The City Council shall rule on the appeal within thirty days after it is heard, and such ruling shall be final. (Ord. 1981, 11/14/00; Ord. 1891, 1214/99; Ord. 927, 1979) Alarm Businesses - License - Fees: A. An alarm business wishing to do business in the city shall pay standard licensing fees required of other merchants in the community. B. No refunds of license fees shall be made. (Ord. 927, 1979) Alarm Businesses - License - Revocation: A. In addition to any penalties which may be imposed for the violation of certain provisions of this chapter, the city may, pursuant to the provisions of this section, revoke the license of an alarm business on any of the following grounds: 1. Fraud or willful and knowing misrepresentation or false statement made in an application for a license; 2. Fraud or willful and knowing misrepresentation or false statement made in an application for a license; 3. Failure to comply within a reasonable time with any order or notice issued by the City Manager after the licensee's rights to hearing and appeal have been exhausted or failure after reasonable notice to permit the Police Chief to inspect any lists which he is authorized to inspect under this chapter; or failure to comply with the standards imposed by this chapter within a reasonable time, not less than thirty days, after notice or order from the Police Chief. B. No alarm business license shall be revoked until a hearing is held by the Finance Director. Written notice of the time and place of the hearing shall be served on the holder of the license at least ten days before the date set for the hearing. The notice shall set forth a summary of the grounds advanced as the basis for the revocation of the license. C. At the hearing before the Finance Director, the holder of the license or his authorized representative shall be given an opportunity to confront and examine any adverse witness, and to present evidence on his own behalf. After the hearing the Finance Director shall either dismiss the complaint or shall forward the complaint to the City Manager with his recommendation that the license be revoked. Within ten days after receiving such recommendation, the City Manager shall approve or disapprove the recommendation. In either event, the City Manager shall cause the holder of the license to be given notice in writing of his decision within ten days after making it. D. Any person whose license is revoked pursuant to subsection C of this section shall have the 32 (12/00)

7 right, within ten days after receiving notice in writing of the revocation from the City Manager, of filing a written appeal with the City Council. Such appeal shall set forth in detail the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within thirty days after its receipt by the city and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing the appellant or his authorized representative shall have the right to present a written or oral argument, or both, in support of his appeal. The determination of the City Council on the appeal shall be final. E. Within ten days after an alarm business receives notice of revocation of its license, or after it has exhausted all appeals with respect to such revocation, it shall notify all persons for whom it is required to maintain a list pursuant to subsection A (3) of Section of such revocation, and the notice shall advise such persons that the alarm business must cease providing service for or selling burglar and robbery alarm systems to such persons within thirty days after they receive notice of revocation. For the purposes of this section, any alarm business other than a central station, modified central station, or telephone answering service may satisfy the notice requirements by placing an advertisement in a newspaper or newspapers published in the geographic areas in which it`s customers are located, which advertisement shall be in a form prescribed by the Finance Director. Such advertisement should appear at least one day a week for three successive weeks. When the notice required by this subsection has been completed, the alarm business shall submit a sworn certificate to the Finance Director that it has met the requirements of this subsection. F. After notice of revocation has been given, an alarm business licensee may continue to operate his business until all of his rights of appeal under this chapter have been exhausted. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) Alarm Agents - Identification Cards - Required - Application: A. Every alarm agent employed by an alarm business within Moses Lake shall be required to obtain an identification card from the Finance Director. Until the Finance Director acts upon the application of an alarm agent for an identification card, an alarm business may issue a temporary identification card, as provided in subsection B of this section. The owners, managers, corporate officers, and partners of all alarm businesses are also required to obtain identification cards from the Finance Director if they directly engage in selling, installing, servicing, maintaining, or responding to alarm systems within Moses Lake. Any person who is not an alarm agent who, as an employee of a licensed alarm business, has access to confidential information of an alarm user, or to monitoring radio equipment, must also obtain an identification card. Within thirty (30) days of the effective date of the ordinance codified in this chapter, alarm agents and, if required by this subsection, owners, managers, corporate officers, and partners shall submit applications to the Finance Director for identification cards. The application for the identification card shall be in a form prescribed by the Finance Director and shall include the following: 1. The applicant's full name and any aliases or other names previously used, residence and business addresses, and telephone numbers; 2. The applicant's date and place of birth; 3. A list of all felony and misdemeanor convictions of the applicant; 4. Two classifiable sets of fingerprints; 5. Two recent photographs of the applicant of a type prescribed by the Finance Director; 6. The name and address of the alarm business where the applicant is or will be employed; 33 (12/00)

8 7. The applicant's employment record for the prior three years; 8. A statement that the applicant will inform the Finance Director of any change in the above information or the termination of the applicant's employment by the alarm business within ten days of such change; 9. Any other information which the Finance Director may deem necessary to determine whether the applicant for an identification card meets the requirements of this chapter. B. A temporary identification card may be issued by an alarm business for its alarm agents or any other person required to obtain an identification card in subsection A of this section prior to the obtaining of an authorized identification card from the Finance Director. The form for temporary identification cards shall be prescribed by the Finance Director and shall provide for the following: 1. The name of the alarm agent or card holder 2. The home address of the alarm agent or card holder; 3. The name and address of the alarm business for which the alarm agent or card holder is employed; 4. The date upon which the alarm agent or card holder commenced employment with the alarm business and the expiration date of the temporary identification card; 5. A recent photograph of the alarm agent or card holder. Prior to employing an alarm agent, an alarm business shall require the names of at least two references and the names and addresses of employers for the past three years of such person and shall make reasonable and prudent inquiries prior to issuing a temporary identification card to determine whether the person applying for employment meets the requirements of this section. If the alarm business has reason to believe that the job applicant does not meet the requirements of this section, no temporary identification card shall be issued by the alarm business. Within fourteen days of the commencement of employment with an alarm business, any new alarm agent must submit an application to the Finance Director for a permanent identification card under this section. C. The temporary or permanent identification card required by this section shall be carried by a person required to obtain an identification card whenever such person is engaged in the business of the licensee and shall be exhibited at the demand of any lawful authority. D. Application for an identification card must be accompanied by a ninety dollar ($90) fee to cover costs of processing the application and investigating the applicant. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) Alarm Agents - Identification Cards - Application Review and Issuance: A. The Police Chief shall cause a report on the applicant for the Finance Director to be prepared based on the information contained in the application together with such other relevant information as may be obtained pertaining to the applicant. No identification card shall be issued if: 1. The applicant has been convicted of a felony or a misdemeanor involving moral turpitude. 2. The application contains any false statements made willfully and knowingly. 34 (12/00)

9 3. The applicant is not employed as an alarm agent or is not to be employed as an alarm agent by an alarm business if he is issued an identification card. B. If the application is approved, the Finance Director shall cause an identification card to be issued to the applicant. C. If the application is denied, the Finance Director shall notify the applicant, in writing, of the denial and of the basis for the denial. The notice of denial shall inform the applicant that he may appeal the denial and set forth the procedure for appeal. The procedure for appeal shall be as follows: 1. The applicant shall have ten days after receipt of the notice of denial to file a notice of appeal with the City Manager or his designated representative, stating the basis for the appeal. 2. Within ten (10) days after receipt of the notice of appeal, the City Manager or his designated representative shall either reverse the Finance Director and order an identification card to be issued, or uphold the decision of the Finance Director and cause the applicant to be so notified. The ruling of the City Manager or his designated representative shall be final. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) Alarm Agents - Identification Cards - Suspension or Revocation: A. In addition to any penalties which may be imposed for the violation of provisions of this chapter, the city may, pursuant to the provisions of this section, revoke the identification card of an alarm agent on any of the following grounds: 1. Fraud or willful and knowing misrepresentation or false statements made in an application for an identification card; 2. Fraud or willful and knowing misrepresentation or false statement made while employed as an alarm agent; 3. Conviction of a felony or of a misdemeanor which reflects unfavorably upon the cardholder's fitness to be an alarm agent. B. No identification card shall be revoked until a hearing is held by the Finance Director. Written notice of the time and place of the hearing shall be served on the holder of an identification card at least ten days before the date set for the hearing. The notice shall set forth a summary of the grounds advanced as the basis for the revocation of the identification card. C. At the hearing before the Finance Director, the holder of the identification card shall be given an opportunity to confront and examine any adverse witness, and to present evidence in his own behalf. After the hearing the Finance Director shall either dismiss the complaint, or shall forward the complaint to the City Manager with his recommendation that an identification card be revoked. Within ten days after receiving such recommendation, the City Manager shall approve or disapprove the recommendation. In either event, the City Manager shall cause the holder of an identification card to be given notice in writing of his decision within ten days after making it. D. Any person whose identification card is revoked pursuant to this section shall have the right, within ten days after receiving notice in writing of the revocation from the City Manager, of filing a written appeal with the City Council. Such appeal shall set forth in detail the specific ground on which it is based. The City Council shall hold a hearing on the appeal within 35 (12/00)

10 thirty days after its receipt by the city, and shall cause the appellant to be given at least ten days written notice of such hearing. At the hearing the appellant or his authorized representative shall have the right to present a written or oral argument, or both, in support of his appeal. The determination of the City Council on the appeal shall be final. E. After notice of revocation is given, an alarm agent identification card shall remain in full force and effect and the holder of an alarm agent identification card shall be permitted to perform the authorized functions of a licensed alarm agent until any appeal has been concluded. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) Alarm Agents - Identification Cards - Form - Return of Cards: A. An identification card issued by the Finance Director shall contain a recent photograph of the applicant, the date of issue, the applicant's signature, a statement that the card is valid for two years from the date of issue and such other information as the Finance Director may in his discretion require. All identification cards shall be consecutively numbered. B. It shall be a misdemeanor for the applicant willfully to fail to return an identification card to the issuing agency or business upon termination of his employment with an alarm business. It shall be a misdemeanor for the alarm business to fail to return to the Finance Director an identification card issued by the Finance Director upon termination of the employment of the alarm agent. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) Administrative Rules: The Finance Director shall promulgate such rules as may be necessary for the implementation of this chapter and for determination of grounds for clerical suspension or revocation of any license or permit required by this chapter. The rules shall be approved by the City Manager and shall be open to inspection by the public. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) Automatic Dialing Device - Connections: A. Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to: 1. A central station; 2. A modified central station; 3. A licensed answering service. B. Automatic dialing devices may also be interconnected to one or more telephone numbers available to the owner or lessee of the devices, or their designated representatives, at another location. C. No automatic dialing device may be interconnected to other communication centers in the Police Department, other municipal offices, or to the telephone company operator, excluding the city Fire Department offices. (Ord. 927, 1979) Automatic Dialing Device - Operating Instructions - Service: A. Every alarm business selling or leasing to any person an automatic dialing device which is installed on such person's premises in the city after the effective date of the ordinance codified in this chapter shall furnish that person with instructions that provide adequate information to enable persons using such device to operate it properly and, if the device is to be serviced or maintained by another alarm business, shall furnish such other alarm business with a manual or other information necessary to enable it to service or properly maintain such device. 36 (12/00)

11 B. If the Finance Director reasonably finds such information to be incomplete or unclear, or inadequate to explain how the device operates and is constructed, he may require the alarm business to revise the information to meet his approval, and then to distribute the revised information to persons who have had such devices installed as well as to persons subsequently having such devices installed. C. Every alarm business selling or leasing to any person an automatic dialing device which is installed on such person's premises in the city after the effective date of the ordinance codified in this chapter shall provide or make available at all times service to repair such device should it malfunction, and shall furnish to the person buying or leasing such device written information concerning how service may be obtained at any time, including the telephone number to call for service. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) VARDA Alarms: A. A person, partnership, or corporation owning and/or operating a business shall be permitted to donate to the City of Moses Lake the funds necessary to purchase a Varda Alarm System (VAS) which would be owned by the city but which would be placed in the business owned and/or operated by the person, partnership, or corporation donating the funds for its purchase. The VAS will be allowed to utilize the LERN frequency, if appropriate, in order to complete the usability of the VAS. B. Each person, partnership, or corporation donating funds to the City of Moses Lake for the purchase of a VAS which will be placed in the business operated by the donor shall execute a contract with the City of Moses Lake and shall abide by all policies, rules, and regulations of the City of Moses Lake with regard to the donation of a VAS and the placement of the VAS in the location of the business owned by the donor. The contract form and the policies, rules, and regulations shall be reviewed and adopted by the City Council. C. The person, partnership, or corporation donating the funds necessary to purchase a VAS which is then located in the business owned by the person, partnership, or corporation donating the funds shall be allowed one (1) service call per month by the Moses Lake Police Department. If the person, partnership, or corporation requires an additional service call, whether the service is performed in the person's, partnership's, or corporation's business or at the Moses Lake Police Department, the person, partnership, or corporation shall be assessed a fee of seventy-five dollars ($75) for each additional service call. (Ord. 2501, 7/28/09; Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord.1466, 1990) Central Stations - Standards: In addition to any other requirements imposed by this chapter, an alarm business shall not be granted a license to operate a central station unless the Police Chief finds that the central station, if operated, will meet the following minimum requirements: A. Compliance with "Standards for Central Station Burglar Alarm Units and Systems" (UL ) issued by Underwriters' Laboratories or American National Standards Institute (ANSI SE ) B. Such standards are adopted and made a part of this chapter, and a copy of such standards shall be kept on file at the Police Department and be available for public inspection. The service provided may correspond to any of the several grades of service listed in the standards, but the owner, alarm agent or other person in responsible control of the premises wherein such alarm system is located must be present at such premises as soon as is reasonably possible after being requested to do so by a representative of the Police Department. A central station may also be licensed as a modified central station or licensed telephone answering service. 37 (12/09)

12 C. If a central station is currently registered with Underwriters' Laboratories as a "UL listed central station" or if it is listed as such in Underwriters' Laboratories' publication, "The Quarterly Supplement," such registration or listing shall be sufficient evidence of compliance with this section. (Ord. 927, 1979) Modified Central Stations - Standards: In addition to any other requirements imposed by this chapter, an alarm business shall not be granted a license to operate a modified central station unless the Police Chief finds that the modified central station, if operated, will meet the following minimum standards: A. The premises from which the services are performed must meet any applicable fire regulations. B. The premises from which the services are performed must be secured in a manner approved by the Police Chief to prevent entry by unauthorized persons. C. A large enough number of operators must be on duty, awake and alert, at all times to assure that all emergency messages received will be relayed immediately to the Police Department over a direct line. D. As soon as possible after notifying the Police Department, the operator concerned shall notify the subscriber involved of such action and the nature of the emergency message received. E. The modified central station shall certify that all equipment supervised by the modified central station shall be tested at least once a year. Where a test result is unsatisfactory, the cause thereof shall be corrected within twenty-four hours unless circumstances exist that make such corrections impossible within such time, in which event the cause shall be corrected within a reasonable time. (Ord. 927, 1979) Answering Services - Standards: In addition to any other requirements imposed by this chapter, an alarm business shall not be granted a license to operate an answering service unless the Police Chief finds that the answering service, if operated, will meet the following minimum standards: A. The premises from which the services are performed must meet any applicable fire regulations. B. The premises from which the services are performed must be secured in a manner approved by the Police Chief to prevent entry by unauthorized persons. C. A large enough number of operators must be on duty, awake and alert, at all times to assure that all emergency messages received will be relayed immediately to the Police Department over a direct line. D. Emergency messages from automatic alarm devices shall be given priority over all other messages received by the answering services except that fire alarm signals may have equal priority. E. All operators shall be trained to handle emergency messages. 38 (12/79)

13 F. As soon as possible after notifying the Police Department, the operator concerned shall notify the subscriber involved of such action and the nature of the emergency message received. G. All subscribers of an answering service shall be required by the service to cooperate in a test of its alarm devices at least once a year to determine if the device is working properly. The answering service shall certify that the test requirements have been fulfilled. Unsatisfactory test results shall be reported promptly, in writing, to the subscriber and the Police Department. Until the device in question is again working properly, the Police Department may require that its use be discontinued. (Ord. 927, 1979) Alarm Systems - Standards and Inspection: A. All alarm systems installed in commercial or public buildings after the passage of the ordinance codified in this chapter shall utilize equipment and methods of installation substantially equivalent to or exceeding the following minimum applicable UL or ANSI standards: UL 609 (ANSI SE ) "Local Burglar Alarm Units and Systems"; UL 636 (ANSI SE ) "Hold-up Alarm Units and Systems"; UL 681 (ANSI SE ) "Installation and Classification of Mercantile and Bank Burglar Alarm Systems." B. All alarm systems installed in residences after the passage of the ordinance codified in this chapter shall utilize equipment which shall be substantially equivalent to or exceed the minimum applicable UL Standards 1023 (ANSI SE ) "Household Burglar Alarm Systems Units," and such equipment shall be installed in a safe, reliable, and workmanlike manner. C. The equipment or hardware used and/or the manner of installation of the alarm system may correspond to any of the several levels of protection or grades of service listed in the applicable standards; provided, however, that alarm system users shall not be required to provide protection for all of the areas or openings which may be required to be protected by the applicable standards. D. The standards referred to in this section are adopted as part of this chapter subject to the modifications and qualifications set forth in this chapter and a copy of such standards shall be kept on file at the City Hall and be available for public inspection. E. In those instances where UL and/or ANSI have not established standards for categories of equipment or where new equipment is undergoing field testing, the Finance Director may require that the alarm system be inspected at the expense of the alarm user by a professional electrical engineer who shall certify whether the alarm system appears to be safe and reliable. (Ord. 1891, 12/14/99; O to revocation of licenses and permits. The alarm user or alarm business shall be granted a reasonable extension of time to correct such violation upon good cause shown. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 927, 1979) Inspection of Alarm Devices and Businesses: A. For the purpose of enforcing the provisions of this chapter, the Police Chief shall have the authority, at reasonable times and upon reasonable oral notice, to enter any premises in the city in or upon which alarm businesses subject to this chapter are located, to inspect the installation and/or operation of such alarm systems or alarm businesses on official police business. B. If such inspection reveals any violations of the provisions of this chapter, a written report detailing such violations shall be promptly sent to the Finance Director and to the owner, lessee, or other person responsible for the alarm system or business in violation of this chapter. Such report shall require the correction within thirty days after receipt of the 39 (12/09)

14 notice of the violation discovered, and shall state that a failure to comply may result in the revocation of the alarm business' license to operate, in accordance with provisions of this chapter relating to revocation of licenses and permits. The alarm user or alarm business shall be granted a reasonable extension of time to correct such violation upon good cause shown. (Ord. 2501, 7/28/09; Ord. 1981, 11/14/00; Ord. 927, 1979) Statistical Data: In addition to any other information that may be required to be supplied by the provisions of this chapter, the Police Chief may require an alarm business to furnish him with certain statistical data which may be reasonably available relative to specified periods of operation after the effective date of the ordinance codified in this chapter. Any operational data so furnished shall be for use only by the City Manager, Police Chief, and the Police Department. (Ord. 927, 1979) Testing of Equipment: Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the Police Department unless the messages are to be related to the Police Department. (Ord. 927, 1979) Notice of Disruption in Service : When an alarm business service to its subscribers is disrupted for any reason by the alarm business, or the alarm business becomes aware of such disruption, it shall promptly notify its subscribers by telephone that protection is no longer being provided. If, however, the alarm business has written instructions from its subscriber not to make such notification by telephone during certain hours, the alarm business may comply with such instructions. (Ord. 927, 1979) False Alarms: A. It is unlawful to have to maintain on any premises an audible type burglary and/or robbery alarm unless: 1. The alarm will shut itself off after sounding for a period of seven minutes maximum; 2. Unless 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 turnoff any such alarm within one hour after being notified by the police to do so. B. It is unlawful for anyone to activate any robbery or burglary alarm for the purpose of summoning police except in the event of an actual or attempted burglary or robbery, or for anyone 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 to fail at the same time to notify the police of such apparent malfunction. C. For a police response to any false alarm the Police Chief shall inform the Finance Director and the Finance Director 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: 1. For a response to premises at which no other false alarm has occurred within the preceding three (3) month period, hereinafter referred to as a "first response," no fee shall be charged, but the person having or maintaining such burglary and/or robbery alarm shall, within three (3) working days after notice to do so, make a written report to the Police Chief on forms prescribed by him setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized serviceman, and such other information as the Police Chief may reasonably require to determine the cause of such false alarm and corrective action necessary. 40 (12/09)

15 2. For a second response to a premises within three (3) months after a first response, a fee of fifty dollars ($50) shall be charged and a written report shall be required as for a first response and the Police Chief shall be authorized to inspect or cause to be inspected the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section. 3. For a third response to premises within three (3) months after such a second response, and for all succeeding responses within three (3) months of the last response, a fee of one hundred dollars ($100) shall be charged, and if such third false alarm or any such succeeding false alarm is as a result of failure to take necessary corrective action prescribed by the Police Chief, the Police Chief may order the disconnection of such alarm system and it shall be unlawful to reconnect such alarm system until such corrective action is taken; provided, that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. (Ord. 1981, 11/14/00; Ord. 1891, 12/14/99; Ord. 1365, 1989; Ord. 927, 1979) Service by Mail: When a city official or City Council has the right or is required to act to take some proceeding within a prescribed period pursuant to this chapter, and service is made by mail, two days shall be added to the prescribed period. Whenever a person, the Police Chief, or any city official or employee is required to make delivery by first call mail, delivery, in lieu thereof, may be made by hand by any person eighteen years of age or older. (Ord. 927, 1979) Violation - Civil Penalty: Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter is deemed to have committed a civil infraction subject to a C-3 penalty as provided in this code. (Ord. 1650, 1994; Ord. 927, 1979) 40-1 (12/00)