10.40.180 Frequent false alarms – Process for disregarding automatic alarms – In-person verification.
A. In exercising his or her discretion to make an immediate dispatch in response to an automatic property or burglary alarm, the chief of police may 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 property or burglary alarm that has a record of sending six false alarms within a period of 12 months; and
3. The call is the only basis for making such a dispatch.
The chief 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 assistance at the premises.
B. To discourage false alarms, the chief shall 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, which may include a requirement for an inspection of the alarm system by a licensed alarm service person, and the prospect that six false alarms within a 12-month period may result in the automatic signals 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. This notice shall be mailed or delivered to the alarm system user’s last reported business address on file with the city.
C. Before acting as authorized in subsection (A) of this section, the alarm administrator shall send or deliver a notice to the alarm system user that:
1. Six false alarms have been received within a 12-month period;
2. The property may be placed in a nonresponse status;
3. A requirement of an in-person communication or verification may remain in effect for a period of 365 days.
D. Appeals. All parties aggrieved by action of an alarm administrator may appeal the action to the commander, bureau of field operations of the Lynnwood police department, or in that commander’s absence, to the commander, investigations and services of the Lynnwood police department, by filing a notice of appeal with the appropriate department within five days of mailing of the notice. All decisions by the commander shall be in writing with a copy to the alarm administrator and to all parties of record.
The decision of the commander may be appealed to the judge of the Lynnwood municipal court by filing an additional notice of appeal with the police department within five days of mailing of the commander’s decision.
Such written appeal shall contain:
1. A caption reading “Appeal of ________,” giving the names of all appellants participating in the appeal;
2. A brief statement setting forth the legal interest of each of the appellants in the property involved in the proceeding;
3. A brief statement in concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;
4. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed, modified or otherwise set aside;
5. The signatures of all appellants, and their official mailing addresses;
6. The verifications (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
E. If a hearing is requested, the commander shall schedule the hearing within 10 days of the date of receipt of the request. The commander may take into consideration such factors as the steps that the alarm system user or alarm system monitoring company has taken or is taking to correct the problem; the incidence of crime in the area; the facts and circumstances of the false alarms; and other relevant information presented by the user or the monitoring company.
F. The chief may suspend or cancel the remedy under subsection (A) of this section if the chief determines that the automatic alarm system has been corrected to prevent the recurrence of false alarms. (Ord. 2144 § 2, 1997)