The purpose of this chapter is to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including the imposition of fees. (Ord. 2003-05 § 2, 2003)

As used in this chapter, “false alarm” means the activation of a burglary and/or robbery alarm at a time during which no forced entry, attempted forced entry, unlawful entry, robbery, attempted robbery, or an actual duress situation is occurring on the premises, or during which no foreseeable risk of grievous bodily harm or property damage is present at the premises. A false alarm shall include the incorrect, reckless, or careless use of any burglary and/or robbery alarm system, including operator error. (Ord. 2003-05 § 2, 2003)

No person shall intentionally, recklessly, or negligently activate or cause to be activated any burglary and/or robbery alarm for the purpose of summoning the police, except in the event of an actual or attempted burglary and/or robbery, or in other duress situations involving a foreseeable risk of bodily harm or property damage. (Ord. 2003-05 § 2, 2003)

It shall be unlawful to have or maintain on any premises a burglary, robbery, or panic alarm unless there is on file with the Bainbridge Island police department a current emergency response registration containing the name(s) and current telephone number(s) of person(s) authorized to enter such premises and turn off any such alarm at all hours of the day and night, and a registration fee has been paid in an amount set by resolution. (Ord. 2003-05 § 2, 2003)

Each person who owns, operates, uses, or maintains a robbery and/or burglary alarm system shall maintain the alarm system in satisfactory operating condition such that it will not generate false alarms. (Ord. 2003-05 § 2, 2003)

A violation of any provision of this chapter shall constitute a civil infraction punishable by a civil fine not to exceed $250.00, which shall be enforced as provided in Chapter 1.26 BIMC. In addition to any fine imposed by the city for a violation of this chapter, the city may also charge a fee for costs incurred in responding to a false alarm, in accordance with BIMC 8.08.070. (Ord. 2003-05 § 2, 2003)

For police response to any false alarm, the city shall charge the person owning or operating the premises upon which the robbery and/or burglary alarm system is maintained or used the following fees:

A. For a response to a false alarm at a premises at which no other false alarm has occurred within the preceding six months, hereinafter referred to as a “first response,” no response fee shall be charged to the owner or operator of the premises. Upon a first response, notice of conditions and requirements of this chapter shall be provided to the owner or operator of the premises on which the false alarm occurred.

B. For a second response to a false alarm at a premises within six months after the first response, a response fee in an amount to be established by resolution shall be charged to the owner or operator of the premises upon which the false alarm occurred. The chief of police may also require that the owner or operator take corrective action to prevent the occurrence of additional false alarms.

C. For a third response to a false alarm at a premises within six months after a second response, a response fee in an amount to be established by resolution shall be charged to the owner or operator of the premises upon which the false alarm occurred. The chief of police may also require that the owner or operator take corrective action as provided in subsection B of this section. If the third false alarm, or any succeeding false alarm, occurs as a result of failure to take necessary corrective action required by the chief of police, the chief of police may order the person having or maintaining the burglary and/or robbery alarm system to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered for any premises required by law to have an alarm system in operation.

D. For a fourth response to a false alarm at a premises within six months after the third response, and for all succeeding responses within six months of the last response, a response fee in an amount to be established by resolution shall be charged. The chief of police may also require that the owner or operator take corrective action as provided in subsection B of this section, or order a disconnection of the alarm system as provided in subsection C of this section.

E. In addition to the requirements set forth in this section, the owner or operator of the premises at which more than one false alarm has occurred within a six-month period shall, within 10 working days after written notice to do so, make a written report to the chief of police on a form provided by the city, setting forth the cause of the false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel and such other information as the chief of police may reasonably require to determine the cause of the false alarm, any mitigating circumstances, and the corrective action necessary. (Ord. 2003-05 § 2, 2003)

Written notice of the imposition of any administrative action taken pursuant to BIMC 8.08.070, including the imposition of a fee or order of disconnection, shall be provided to the owner or operator of the premises upon which the false alarm(s) occurred by personal delivery or by certified mail, return receipt requested. The notice shall include a statement of the violation, the fee imposed, any required corrective action, and/or terms of the disconnection order, if any. The notice shall further notify the owner or operator of the premises upon which the false alarm(s) occurred of the owner’s or operator’s right to appeal the administrative action, pursuant to BIMC 2.16.130.

For the purposes of this section, for business premises, the owner, manager or chief administrative agent regularly assigned or employed on the premises at the time of the false alarm shall be presumed to be the person having or maintaining the alarm on the business premises. (Ord. 2003-05 § 2, 2003)

Any owner or operator subject to an administrative action pursuant to BIMC 8.08.080 shall have a right to appeal the administrative action to the hearing examiner, pursuant to BIMC 2.16.130. (Ord. 2003-05 § 2, 2003)