10.40.185 Violation – Civil penalties.
A. The failure of an alarm system monitoring company that engages in business activities in Lynnwood to comply with any of the requirements of LMC 10.40.165 shall be a civil infraction as contemplated by Chapter 7.80 RCW and is subject as a Class 1 civil infraction under RCW 7.80.120(2) to a maximum monetary penalty and a default amount of $250.00 plus statutory assessments. Each day of noncompliance shall be a separate violation, and the monetary penalties shall accumulate.
B. Any person who fails to respond to a notice of civil infraction as promised or to appear at a requested hearing shall be guilty of a misdemeanor and may be published by a fine not to exceed $1,000 and confinement not to exceed 90 days.
C. If the investigating officer determines that the cause of the false alarm was other than operator error, the violator shall submit a written report to the alarm administrator, stating the probable cause of the false alarm, the corrective action taken, whether the alarm has been inspected by a licensed service person, and any other such information as the chief of police may reasonably require to determine the cause of such false alarms and corrective action necessary.
D. The penalty for sending a false alarm is the assessment of a civil fine, and shall subject an owner or an alarm system monitoring company to a civil fine in an amount as follows:
1. First violation: no monetary fine; violator shall receive a warning letter.
2. Second violation: $25.00 fine.
3. Third violation: $50.00 fine, which may be waived if the violator successfully completes an alarm awareness class.
4. Fourth violation: $100.00 fine; violator shall receive a letter advising of the possibility of future restricted response.
5. Fifth violation: $150.00 fine; violator shall receive a registered or certified letter advising them that there may be no response after a sixth violation.
6. Sixth and subsequent violation: $200.00 fine; violator shall receive a registered or certified letter advising them that they are on restricted response status.
E. In addition to any other remedy, no business license shall be issued or renewed for a business which has failed to pay any penalties, fines, or assessments levied pursuant to this chapter, provided, a business license shall not be withheld if the licensee is in compliance with a court order concerning payment of penalties, fines, or assessments.
Provided, however, that the restricted response provisions of this section shall not apply to residential properties. (Ord. 2219 § 1, 1998; Ord. 2144 § 2, 1997)