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2007-1437-Ordinance No. 2007-018 Recorded 8/9/2007REVIEWED LEGAL COUNSEL EWED CODE VIEW COMMITTEE ~DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL IIIIIIII II IIIIIIIIIII II II (I III 2007-1 37 CLERKDS CJ 2007-1437 08/0911007 04;10;07 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Repealing Deschutes County Code 8.12, Alarm Equipment and Security Services, of * ORDINANCE NO. 2007-018 Title 8 of the Deschutes County Code, and Adopting Chapter 8.13, Alarm Code WHEREAS, Deschutes County Code ("DCC") Chapter 8.12, Alarm Equipment and Security Services, was adopted by the Board of County Commissioners ("Board") in 1979; and WHEREAS, the provisions of DCC Chapter 8.12, Alarm Equipment and Security Services, designed to serve the County's needs at that time are out-dated and in need of revision; and WHEREAS, DCC Chapter 8.12 is insufficient in encouraging responsible use of law enforcement response to personal and commercial alarm systems; and WHEREAS, there is a need to enact an alarm code that addresses the County's current needs; and WHEREAS, the changes to DCC 8.12 are numerous and justify the repeal of the entire chapter and the adoption of a new DCC 8.13; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS as follows: Section 1. REPEAL. Chapter 8.12 of the Deschutes County Code is hereby repealed in its entirety. Section 2. ADOPTION. The provisions of DCC Chapter 8.13 attached as Exhibit "A" and incorporated by reference herein, are hereby enacted and made part of the Deschutes County Code. Dated this ~4,4 of 2007 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON EL fA. AL AIR DENNIS R. L KE ICE CHAIR ATTEST: / K /~G~.~Gt~l 1. ' k-e-' Recording Secretary - d~ &44-.t - TAMMY BANEY, COMMISSIONER PAGE 1 OF 2 - ORDINANCE NO. 2007-018 Date of 1St Reading: day of , 2007. Date of 2°d Reading: F6 day of t , 2007. Record of Adoption Vote Commissioner Yes No Abstained Excused Michael M. Daly Dennis R. Luck L/ Tammy Baney Effective date: 17t~, day of alms W , 2007. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2007-018 EXHIBIT A Chapter 8.13. ALARM CODE 8.13.01. Purpose. 8.13.10. Definitions. 8.13.20 False Alarm - Penalties. 8.13.30. Suspension or Revocation of Service. 8.13.40. Silencing Audible Alarms. 8.13.50 Liability of County 8.13.01. Purpose. To require that owners of alarms that summon or use emergency services (Sheriff's Office, Fire Departments, 9-1-1 resources) maintain the reliability of their alarm systems in order to prevent unnecessary and expensive responses to false alarms. (Ord. 2007-018, §2, 2007) 8.13.10. Definitions. For the purposes of DCC 8.13, unless otherwise apparent from the context, certain words and phrases used in DCC 8.13 are defined as set forth in this section. "Alarm" means any electronic or other signal that requests, causes or is intended to cause a response by law enforcement; or any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which law enforcement are expected to respond. "Audible alarm" means any audible sound produced to signal activation of the alarm. "False Alarm" means an alarm signal eliciting a response by law enforcement when a situation requiring a response by law enforcement does not exist. It does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. "Owner" means the person, firm, partnership, association, corporation, company, or organization of any kind in control of any building, structure or facility wherein an alarm system is maintained. "Sheriff' means the Deschutes County Sheriff or his or her designee. (Ord. 2007-018, §2, 2007) 8.13.20 False Alarm - Penalties. When a determination has been made by the Sheriff's Office that a false alarm has occurred, causing an unnecessary response by Sheriff's Office personnel, the following procedure will apply: A. First False Alarm. In a twelve month period, the first false alarm will result in a written notice to the owner, informing them of the false alarm. B. Second False Alarm. In a twelve month period, the second false alarm will result in a written warning to the owner, advising them that subsequent false alarms will result in fines. C. Third False Alarm. In a twelve month period, the third false alarm will result in a response fine of $100.00, billed to the owner. D. Fourth False Alarm. In a twelve month period, the fourth false alarm will result in a response fine of $200.00, billed to the owner. E. Fifth False Alarm. In a twelve month period, the fifth false alarm will result in a response fine of $300.00, billed to the owner. (Ord. 2007-018, §2, 2007) 8.13.30. Suspension or Revocation of Service. A. Once an owner has reached 5 false alarms in a 12 month period, the Sheriff may, with 10 days' written notice, discontinue response to the location. The 10-day written notice shall be personally served or sent by certified or registered mail. This section is not applicable to fire alarms or medical alarms. B. Emergency response will be resumed upon the occurrence of the following: Chapter 8.13 EXHIBIT A - Ordinance 2007-018 (7/2007) EXHIBIT A 1. Full payment of all fines owed has been received; 2. At least 30 days have elapsed from the date of the last false alarm; 3. Written request from the owner has been received, and 4. Evidence of corrective action on the part of the owner is presented, reviewed and approved by the Sheriff. C. Based on the above criteria, the Sheriff or his or her designee shall determine whether to approve a request for resumption of response to an alarm system by the Sheriffs Office. D. Any denials under this section may be appealed to the Board of County Commissioners by written notice to the Board of County Commissioners within 10 days of receipt of such denial. (Ord. 2007-018, §2, 2007) 8.13.40. Silencing Audible Alarms. Any bell, horn, or siren used in conjunction with an alarm system which is permitted by the owner to sound continuously for more than fifteen (15) minutes, or resets it to create an intermittent tone and continues to cycle for more than fifteen (15) minutes, is hereby declared to be a public nuisance and may be summarily disconnected or otherwise silenced by the Sheriffs Office or other emergency personnel. Disconnection may be by any means as is necessary to silence the alarm. Any and all repairs shall be the responsibility of the alarm owner. (Ord. 2007-018, §2, 2007) 8.13.050 Liability of County The County, or any official, employee or agent thereof shall not be liable for any damage resulting from the silencing of alarms under DCC 8.13.040. (Ord. 2007-018, §2, 2007) Chapter 8.13 2 (7/2007) EXHIBIT A - Ordinance 2007-018