AN ORDINANCE relating to alarm systems; establishing licensing and fee provisions for burglar and fire alarm system monitoring companies; establishing penalties for false burglar alarms and appeal procedures relative thereto; amending provisions for alarm verification, frequent false alarms, and civil penalties; adding a new chapter to Seattle Municipal Code Title 6, repealing Sections 10.08.080, 10.08.090, 10.08.100, 10.08.110, 10.08.120, 10.08.173, and amending Sections 10.08.140, 10.08.165, 10.08.178, and 10.08.180, respectively, of the Seattle Municipal Code.

WHEREAS, the number of monitored fire and property alarms within the city of Seattle continues to grow and the costs associated with responding to these alarms has increased accordingly; and

WHEREAS, over ninety-eight percent of all burglar and property alarms requiring police dispatch are ultimately proven to be false alarms; and

WHEREAS, alarm monitoring companies currently enjoy the benefit of police response to their customers' alarms without any accountability for the accuracy or reliability of their alarm systems; and

WHEREAS, the efforts of City employees in tracking and administering fees for false alarms will be minimized if such fees are collected from alarm monitoring companies;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Effective January 1, 2004, a new Chapter is added to Title 6, Subtitle I, of the Seattle Municipal Code as follows:

CHAPTER 6.10 Alarm System Monitoring Companies Fire Alarm Monitoring Companies

Subchapter I Alarm System Monitoring Companies

SMC 6.10.005 Definitions.

A. The definitions contained in Chapters 5.30 of the Seattle Municipal Code shall be fully applicable to this chapter except as expressly stated to the contrary herein.

B. "Alarm system monitoring company," "burglary alarm," "panic alarm", "property alarm," and "robbery alarm" have the meanings contained in SMC Chapter 10.08.

C. "Alarm system" or "alarm device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an alarm system monitoring company, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle. An alarm system or alarm device may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm system monitoring company via telephonic, wireless, electronic, video, or other form of message.

D. "Department" means the Department of Executive Administration of the City of Seattle.

SMC 6.10.010 Alarm System Monitoring Companies License required Fee.

A. It is unlawful for any person to engage in business in the City of Seattle as an alarm system monitoring company without first having obtained an annual license to do so. An annual license is required regardless of whether alarms are monitored from a location inside or outside Seattle. The fee for such annual license is based upon two components: (1) The following aggregate amount:

Zero to 100 Seattle monitored alarms $100.00 per annum; 101 to 200 Seattle monitored alarms $200.00 per annum; 201 to 500 Seattle monitored alarms $400.00 per annum; Over 500 Seattle monitored alarms $500.00 per annum;

and (2) Forty Dollars ($40) per year for each property alarm, burglary alarm, robbery alarm and panic alarm located in Seattle and monitored by the alarm system monitoring company at any time during the calendar year.

B. The license required pursuant to this chapter is separate from and in addition to any license required by any other chapter of the Seattle Municipal Code including, but not limited to, that required pursuant to Chapter 5.45, Business License Tax; Chapter 5.55, General Administrative Provisions; and Chapter 6.08, pertaining to burglar alarms installers.

SMC 6.10.015 Annual license and due date.

A. The annual license renewal fee shall be payable in advance by the alarm system monitoring company on a calendar year basis, except in 2004, where the annual license fee shall be due by April 1. Licenses expire on December 31 in the calendar year in which they were issued and must be renewed by January 31 of the next year in order to avoid penalty.

B. Application for, and renewal of, the annual license shall be on forms specified by the Director and shall be accompanied by the license fee. Each annual application for, or renewal of, a license shall contain a list of all addresses at which monitored alarm systems are installed, the name of the corresponding subscriber, customer number, if applicable, and the number of alarm systems at such address.

SMC 6.10.020 Calculation of fees.

A. New alarm monitoring companies will pay the fee contained in SMC 6.10.010 A (1), which shall be computed on the number of alarm systems monitored at the time of initial application.

B. The license fee component contained in SMC 6.10.010 A (1) shall not be adjusted quarterly for the number of alarm systems monitored each quarter, however the fee shall be prorated on a quarterly basis at the time of initial application.

C. The license fee component contained in SMC 6.10.010 A (2) shall be adjusted quarterly to reflect additional alarm systems first monitored during that quarter. Each alarm system monitoring company shall file quarterly, in the format specified by the Director, a list of all additional addresses at which it monitored alarms during such quarter, the name of the corresponding subscriber, and the number of alarms at such address. The quarterly report shall be accompanied by payment of the additional forty dollar ($40.00) per alarm system fee due, if any. See proration calculations in SMC 6.10.030 below. The quarterly report should also list alarm systems that have been discontinued or, if known, transferred to another alarm monitoring company.

D. Each alarm system monitoring company shall file a quarterly report regardless of whether any additional fees are due.

SMC 6.10.030 License fee proration.

In calculating the license fee component contained in SMC 6.10.010 A (1), only the initial license fee will be prorated on a quarterly basis for applications made after the first quarter. The license fee component contained in SMC 6.10.010 A (2) will be prorated in equal amounts on a quarterly basis for alarm systems that begin to be monitored after the first quarter. A credit will be given for the prorated portion of the license fee contained in SMC 6.10.010 A (2) paid by another alarm monitoring company for the present year on an alarm system that is transferred from one company to another alarm monitoring company; provided that satisfactory proof that the license fee component contained in SMC 6.10.010 A (2) has been paid is supplied to the Director.

SMC 6.10.040 Duty of licensee.

A. It shall be the duty of all licensees granted licenses under this chapter to comply with all applicable regulations in this chapter or elsewhere, including, without limitation, SMC Chapter 10.08. The failure of any licensee to do so shall be a violation of this chapter and grounds to suspend or revoke the license.

B. No licensee granted a license under this chapter shall allow any person who has had their alarm monitoring license revoked or suspended by the City of Seattle to be financially interested in its business, or to be in its employ, within one year from the date of such revocation or suspension.

SMC 6.10.050 Licenses not transferable.

No license issued pursuant to this chapter shall be transferable unless in accordance with SMC Chapter 6.02. A person not previously licensed that assumes responsibility for monitoring alarms for which another person has paid the annual license fee shall obtain a new license for the remainder of the year by paying the license fee component contained in SMC 6.10.010 A (1).

SMC 6.10.060 Duty to inform subscribers of ordinance and billing policies.

All persons licensed pursuant to this chapter shall supply each of their system subscribers with copies of this chapter and chapter 10.08. Licensees who choose to bill their subscribers for any license fee imposed by this chapter shall give to each of their subscribers a copy of the licensee's policies and practices with respect to such billing.

SMC 6.10.070 Suspension or revocation of license.

The Director shall have the power and authority to suspend or revoke any license issued under the provisions of this chapter as set forth in SMC Chapter 6.02. No suspended or revoked license may be reinstated without prior payment of all fees due and outstanding, including false alarm fees. The Director shall notify the Seattle Police Department of any revocation or suspension, and in the discretion of the Police Department, no response may be made to any alarms monitored by the alarm system monitoring company until the license is reinstated. An alarm system monitoring company whose license has been revoked or suspended shall notify each of its subscribers of the revocation or suspension. The notice shall be in writing and shall be mailed to all subscribers no later than the tenth calendar day following such suspension or revocation.

SMC 6.10.080 Penalty and interest for failure to pay.

A. If a license application, renewal, quarterly report, or payment of any fee due under this chapter is not received on or before the last day of the month in which it becomes due or within an extension of time granted by the Director, there shall be added to the amount, a penalty of ten percent (10%) of the fees owing or Twenty Dollars ($20), whichever is greater, if the payment is received between one (1) and thirty (30) days after the date it becomes due, or a penalty of twenty percent (20%) of the fees owing or Thirty Dollars ($30), whichever is greater, if the payment is later than thirty (30) days after the due date.

B. The licensee shall be notified by mail of the amount of any penalties so added, and the same shall become due and shall be paid within ten days from the date of such notice.

SMC 6.10.090 Violation -Civil Penalties.

The failure of a person that engages in business in Seattle as an alarm system monitoring company to comply with any provision of this chapter shall be a civil infraction as contemplated by RCW Chapter 7.80 and subject as a Class 1 civil infraction under RCW 7.80.120(2) to a maximum monetary penalty and a default amount of Two Hundred Fifty Dollars ($250.00) plus statutory assessments. Each day of noncompliance shall be a separate violation, and the monetary penalties shall accumulate.

SMC 6.10.100 Penalty for false alarms.

The sending of an alarm by an automatic property alarm and/or automatic burglary alarm, which results in the dispatch of the police to the premises on an emergency basis shall be subject to a false alarm response fee of one hundred twenty-five dollars ($125.00) whenever there is no evidence of a crime or other activity that would warrant a call for police assistance or investigation at the premises; provided, however, that no false alarm fee shall be assessed if any individual who was on or near the premises, or who had viewed a video communication from the premises, called for the dispatch and confirmed a need for a police response. The false alarm response fee shall be assessed against the alarm system monitoring company.

SMC 6.10.110 Notice and hearing on penalty for false alarms.

A. The Department shall mail by first class mail a written notice of the false alarm response fee to the alarm monitoring company. The notice shall state the date and time of the false alarm, and that the alarm monitoring company is entitled to a hearing to respond to the notice and introduce any evidence to refute or mitigate the fee. All false alarm fees are due and payable within thirty (30) days of the date that the Department mails the notice, unless: (1) an appeal is filed pursuant to subsection B of this section, in which case the fees appealed from are due and payable within ten (10) days after the date of the written ruling, or (2) a waiver is requested and an alarm user class is scheduled pursuant to subsection D of this section.

B. An alarm system monitoring company wanting to contest a false alarm fee shall file a written appeal with the Director within thirty (30) days after the date of the notice. A hearing shall be held by the Director, or the Director's designee, not more than fourteen (14) days from the date the appeal is filed. Within twenty (20) days after the hearing, the Department shall issue a written ruling including factual findings and the Director's conclusion, with supporting reasons, affirming or reversing the notice. The Decision of the Director shall be final.

C. The Director may, but is not required to, delegate authority to conduct hearings under this section to the Seattle Police Department.

D. The Director may waive the first false alarm fee, on a one-time basis, if the owner of the monitored alarm attends an alarm user class as defined in Section 10.08.140 of the Seattle Municipal Code. The owner of the alarm must attend the class within 90 days of the date of the false alarm billing.

Subchapter II Fire Alarm Monitoring Companies

SMC 6.10.205 Definitions.

A. "Fire alarm monitoring company" means any individual, partnership, corporation, or other form of association that is listed with

Underwriters' Laboratories as a "Full Service Company" or "Monitoring Company," and engages in the business of monitoring fire alarm systems located within the city of Seattle.

B. "Fire alarm system" means a system, or portion of a combination

system, that is approved by the Seattle Fire Department and that consists of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals. This definition does not include heat or smoke detectors that are installed in conjunction with property or burglary alarms as defined in SMC 10.08.140, and that are not approved by the Seattle Fire Department.

SMC 6.10.210 Fire Alarm Monitoring Companies License Required Fee.

A. It is unlawful for a fire alarm monitoring company to engage in the business of monitoring fire alarm systems located within the city of Seattle without first having obtained an annual license to do so. The fee for such annual license is based upon two components: (1) The following aggregate amount:

Zero to 100 Seattle monitored alarm systems $100.00 per annum; 101 to 200 Seattle monitored alarm systems $200.00 per annum; 201 to 500 Seattle monitored alarm systems $400.00 per annum; Over 500 Seattle monitored alarm systems $500.00 per annum;

and (2) one of the following amounts for each fire alarm located in Seattle and monitored by the fire alarm monitoring company at any time during the calendar year:

a. Alarm systems required by Seattle Fire Code or Seattle Building Code....$320.00 per alarm system, per annum;

b. Alarm systems not required by Seattle Fire Code or Seattle Building Code $80.00 per alarm system, per annum.

B. A heat or smoke detector that is installed in conjunction with a property or burglar alarm and is not approved by the Seattle Fire Department shall be subject only to the annual license fees and related provisions contained in subchapter I.

C. The license required pursuant to this subchapter is separate from and in addition to any license required by any other chapter of the Seattle Municipal Code including, but not limited to, that required pursuant to Chapter 5.45, Business License Tax; Chapter 5.55, General Administrative Provisions; and Chapter 6.08, pertaining to burglar alarms installers.

D. The issuance and renewal of a license pursuant to this subchapter is conditioned upon the fire alarm monitoring company's continuing conformance with all requirements of the Seattle Fire Code and the Seattle Fire Department Administrative Rules for central station monitoring.

SMC 6.10.215 Annual license and due date.

A. The annual license renewal fee shall be payable in advance by the fire alarm monitoring company on a calendar year basis, except in 2004, where the annual fee shall be due by April 1. Licenses expire on December 31 in the calendar year in which they were issued and must be renewed by January 31 of the next year in order to avoid penalty.

B. Application for, and renewal of, the annual license shall be on forms specified by the Director and shall be accompanied by the license fee. Each annual application for, or renewal of, a license shall contain a list of all buildings in which the applicant monitors fire alarm systems, showing the street address for each building where the applicant monitors fire alarm systems; the number of fire alarm systems monitored by the applicant in each individual listed building; and the name, addresses and telephone number for the owner of each monitored fire alarm system.

SMC 6.10.220 Calculation of fees.

A. New fire alarm monitoring companies will pay the fee contained in SMC 6.10.210 A (1), which shall be computed on the number of alarm systems monitored at the time of initial application.

B. The license fee component contained in SMC 6.10.210 A (1) shall not be adjusted quarterly for the number of fire alarm systems monitored each quarter, however the fee shall be prorated on a quarterly basis at the time of initial application.

C. The license fee component contained in SMC 6.10.210 A (2) shall be adjusted quarterly to reflect additional alarm systems first monitored during that quarter. Each fire alarm monitoring company shall file quarterly, in the format specified by the Director, a list of all additional addresses at which it monitored alarms during such quarter, the name of the corresponding subscriber, and the number of alarms at such address. The quarterly report shall be accompanied by payment of the additional per-alarm-system fee due, if any. See proration calculations in SMC 6.10.230 below. The quarterly report should also list fire alarm systems that have been discontinued or, if known, transferred to another fire alarm monitoring company.

D. Each fire alarm monitoring company shall file a quarterly report regardless of whether any additional fees are due.

SMC 6.10.230 License fee proration.

A. In calculating the license fee component contained in SMC 6.10.210 A (1), only the initial license fee will be prorated on a quarterly basis for applications made after the first quarter. The license fee component contained in SMC 6.10.210 A (2) will be prorated in equal amounts on a quarterly basis for fire alarm systems that begin to be monitored after the first quarter. A credit will be given for the prorated portion of the license fee contained in SMC 6.10.210 A (2) paid by another fire alarm monitoring company for the present year on a fire alarm system that is transferred from one company to another fire alarm monitoring company; provided that satisfactory proof that the license fee component contained in SMC 6.10.210 A (2) has been paid is supplied to the Director.

SMC 6.10.240 Duty of licensee; License not transferable; Duty to inform subscribers; Penalty and interest for failure to pay; Violation Civil penalties.

The provisions applicable to alarm system monitoring companies contained in SMC 6.10.040, 6.10.050, 6.10.060, 6.10.080, and 6.10.090 shall be applicable to fire alarm monitoring companies as if fully set forth herein. Reference in these sections to the Seattle Police Department shall be construed in this subchapter as reference to the Seattle Fire Department. Reference in the above sections to alarm system monitoring companies shall be construed in this subchapter as reference to fire alarm monitoring companies. This chapter does not modify any provision of SMC 12A.60.105, and is not intended to impose any penalty for activating or triggering a false fire alarm.

SMC 6.10.250 Suspension or revocation of license.

The Director shall have the power and authority to suspend or revoke any license issued under the provisions of this chapter as set forth in SMC Chapter 6.02. No suspended or revoked license may be reinstated without prior payment of all fees due and outstanding. A fire alarm monitoring company whose license has been revoked or suspended shall notify each of its subscribers of the revocation or suspension. The notice shall be in writing and shall be mailed to all subscribers no later than the tenth calendar day following such suspension or revocation.

Section 2. Effective January 1, 2004, Sections 10.08.080, 10.08.090, 10.08.100, 10.08.110, 10.08.120, and 10.08.173 of the Seattle Municipal Code are hereby repealed in their entirety.

Section 3. Effective January 1, 2004, Subsection A of Section 10.08.140 of the Seattle Municipal Code is amended as follows:

SMC 10.08.140 Definitions.

As used in this subchapter, the following terms have the meanings indicated unless the context clearly requires another interpretation:

A. "Alarm system monitoring company" means any individual, partnership, corporation, or other form of association that engages in the business of monitoring property, burglary, robbery, or panic alarms , and reporting any activation of such alarm systems to the Seattle Police Department.

***

Section 4. Effective January 1, 2004, Section 10.08.140 of the Seattle Municipal Code is amended to add three new subsections as follows:

"Alarm user class" means a class provided by the Alarm Unit of the Seattle Police Department for the purpose of educating alarm users about false alarms.

"Alarm system" or "alarm device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an alarm system monitoring company, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle. An alarm system or alarm device may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm system monitoring company via telephonic, wireless, electronic, video, or other form of message.

"Director" means the Director of Executive Administration of the City or any officer, agent or employee of the City designated to act on the Director's behalf.

The City's Code Reviser is authorized and directed to insert these new subsections in alphabetical order, and to renumber SMC 10.08.140 accordingly.

Section 5. Effective January 1, 2004, Section 10.08.165 of the Seattle Municipal Code is amended as follows:

SMC 10.08.165 Alarm system monitoring companies -Verification process.

Every alarm system monitoring company engaging in business activities in Seattle shall:

A. Obtain a City of Seattle business license from the Department of Finance Executive Administration as provided in SMC Chapter 6.10;

B. Provide the Chief of Police such information about the nature of its property alarms, burglary alarms, robbery alarms, and panic alarms; its method of monitoring; its program for preventing false alarms; and its method of disconnecting audible alarms, each as the Chief may require by rule adopted pursuant to the Administrative Code, Chapter 3.02;

C. Maintain a current list of all subscribers' names and the associated protected premises it serves, which list shall be accessible given to the Chief at all times Director on a quarterly basis;

D. Verify with those subscribers who have an automatic alarm system, each alarm signal that has been accepted by the alarm system monitoring company Maintain using a verification process with those subscribers who have an automatic alarm system to prevent false alarms from resulting in unnecessary police dispatches. ; and

A verification process is an independent method of determining that a signal from an automatic alarm system reflects a need for police assistance or investigation. The means of verification shall include one (1) or more of the following:

1. An attempt by the alarm system monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this ordinance, telephone verification shall require, as a minimum, that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting law enforcement dispatch;

2. A feature that permits the alarm system user or a person authorized by the user to send a cancellation code to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company calling for a police dispatch;

3. The installation of a video system that provides the alarm system monitoring company when the signal is received with the ability to ascertain that activity is occurring which warrants police assistance or investigation;

4. An independent confirmation that a signal reflects a need for police assistance or investigation either by the alarm system user, a person at or near the premises, or an alternate response agency made before dispatching police; or

5. An alternate system that the Chief determines has or is likely to have a high degree of reliability.

E. When the Chief reports that there appears to have been a false alarm at a subscriber's premises, work cooperatively with the subscriber and the Chief in order to determine the cause thereof and prevent recurrences.

A verification process is an independent method of determining that a signal from an automatic alarm system reflects a need for immediate police assistance or investigation. The verification process shall not take more than five (5) minutes calculated from the time that the alarm signal has been accepted by the alarm system monitoring company until a decision is made whether to call for a police dispatch. The means of verification may include one (1) or more of the following:

1. The establishment of voice communication with an authorized person at or near the premises who may indicate whether or not need for immediate police assistance or investigation exists;

2. A feature that permits the alarm system user or a person authorized by the user to send a special signal to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company calling for a police dispatch;

3. The installation of a video system that provides the alarm system monitoring company when the signal is received with the ability to ascertain that activity is occurring which warrants immediate police assistance or investigation;

4. A confirmation that a signal reflects a need for immediate police assistance or investigation either by the alarm system user, a person at or near the premises, or an alternate response agency made before dispatching police; or

5. An alternate system that the Chief determines has or is likely to have a high degree of reliability.

Section 6. Effective January 1, 2004, Section 10.08.173 of the Seattle Municipal Code is hereby repealed.

Section 7. Effective January 1, 2004, Section 10.08.178 of the Seattle Municipal Code is amended as follows:

SMC 10.08.178 Frequent false alarms Process for disregarding false alarms In-person verification.

A. In exercising his or her discretion to make an immediate a dispatch in response to an automatic property or automatic burglary alarm, the Chief of Police shall may disregard a call for emergency assistance dispatch when:

1. The premises are not a residence; and

2. The call comes from or is prompted by an automatic property alarm or automatic burglary alarm that has a record of sending six (6) false alarms within a period of twelve (12) months; and

3 2. 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 a 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 may adopt a process of sending a letter or delivering a notice by regular mail informing the alarm system user monitoring company of record of the consequences of a false alarm history, the need to take corrective action, and the prospect that six (6) false alarms within a twelve (12) month period shall 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 a dispatch will be made to the premises.

C. Before acting as authorized in subsection A of this section, the Chief shall send or deliver a notice to the alarm system user monitoring company that:

1. Six (6) false alarms have been received within a twelve (12) month period;

2. The remedy authorized in subsection A may be taken;

3. The user alarm system monitoring company may request a hearing before the Chief or his designee and explain why the Chief should not take the proposed action; if no hearing is requested, the Seattle PoliceDepartment will after ten (10) days disregard automatic signals from the premises without a call or verification from an individual or other independent information showing a need for such dispatch; and

4. A requirement of an in-person communication or verification may remain in effect for a period of three hundred sixty-five (365) days.

D. If a hearing is requested, the Chief shall schedule the hearing within ten (10) days. Both the alarm user and a representative from the alarm system monitoring company are required to attend. The Chief 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.

E. The Chief may suspend or cancel the remedy under subsection A if he or she determines that the automatic alarm system has been corrected to prevent the recurrence of false alarms.

F. "Dispatch" or "immediate dispatch" means a discretionary decision whether to direct police units to a location where there has been a report made, by whatever means, that police assistance or investigation is needed. There is no duty to dispatch or immediately dispatch under any circumstances whatever, whether automatic alarms are involved or not, and all dispatch decisions are made subject to competing priorities and available police response resources.

Section 8. Effective January 1, 2004, Section 10.08.180 of the Seattle Municipal Code is amended as follows:

SMC 10.08.180 Violation Civil penalties

A. 1. The failure of an alarm system monitoring company that engages in business activities in Seattle to comply with any of the requirements of Section 10.08.165 shall be a civil infraction as contemplated by RCW Chapter 7.80 and subject as a Class 1 civil infraction under RCW 7.80.120(2) to a maximum monetary penalty and a default amount of Two Hundred Fifty Dollars ($250.00) plus statutory assessments. With respect to Subsections A, B, C, and E of Section 10.08.165, E each day of noncompliance shall be a separate violation, and the monetary penalties shall accumulate. With respect to Subsection D of Section 10.08.165, each failure to verify an alarm signal that has been accepted by the alarm system monitoring company and results in a false alarm, shall be a separate violation.

2. The sending of a false alarm as described in Section 10.08.173 shall be a civil infraction as contemplated by RCW Chapter 7.80 and subject as a Class 2 civil infraction under RCW 7.80.120(2) to a maximum penalty and a default amount of One Hundred Twenty-five Dollars ($125). Each sending of an alarm under the circumstances described in Section 10.08.173shall be a separate violation, and the monetary penalties shall accumulate.

B. The violation of or failure to comply with any other provisions of this subchapter shall be a civil infraction as contemplated by RCW Chapter 7.80 and subject as a Class 3 Class 1 civil infraction under RCW 7.80.120(c) to a maximum penalty and a default amount of Fifty Dollars ($50.00) Two Hundred Fifty Dollars ($250) plus statutory assessments.

C. There shall be a maximum penalty and default amount of Twentyfive Dollars ($25.00) Two Hundred Fifty Dollars ($250) plus statutory assessments for any of the following:

1. As contemplated by RCW 7.80.080(1) and 7.80.070(2)(K), a failure to respond to a notice of false alarm within fifteen (15) days from the date of notice;

2. As contemplated by RCW 7.80.080(2) and 7.80.070(2)(K), a failure to appear at a requested hearing; and

3. As as contemplated by RCW 7.80.160(3), for a failure to pay a penalty imposed pursuant to subsection A or B.

D. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service instead. The court may impose sanctions upon person found in contempt of court as contemplated by RCW 7.80.160(3) and RCW Chapter 7.21.

E. The Seattle Municipal Court may waive the first civil penalty incurred by an alarm system user and clear the notice of violation as a warning if:

1. The notice describes a violation of Section 10.08.173;

2. The notice of violation is the first violation of Section 10.08.173 incurred by the alarm system user on or after September 1, 1993; and

3. Within fifteen (15) days after the date of the notice, the alarm system user either follows the instructions on the back of the notice to arrange an appearance in court or mails a written application to the court requesting a waiver and clearance as a warning.

Section 9. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2003, and signed by me in open session in authentication of its passage this _____ day of __________, 2003. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2003. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2003. ____________________________________ City Clerk

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