9.10.100 Enforcement—Penalties.
A. False Alarms. Civil penalties for false alarms may be assessed against violators for any false alarms occurring in a twelve-month period as follows:
1. First false panic/duress/robbery/holdup/silent alarm: two hundred dollars;
2. Each subsequent false panic/duress/robbery/holdup/silent alarm: two hundred dollars;
3. First false alarm, other alarms: one hundred dollars;
4. Each subsequent alarm, other alarms: one hundred dollars.
B. Other Civil Penalty(ies). Any other violations of this chapter will be enforced through the assessment of civil penalty(ies) in the amount of one hundred dollars per violation against violators, except that the penalty assessed against an alarm company for failure to utilize enhanced call verification when required will be in the amount of two hundred fifty dollars per violation.
C. Notice of Violation and Civil Penalty(ies)—Notice of Civil Penalties. Violators of this chapter shall be notified in writing of their violation(s) and penalty. The notice of civil penalty shall include the information required under EMC 1.20.120 along with the right to ask for internal review of the notice of civil penalty or request a fee waiver to the Everett police department’s alarm officer within fifteen days after the date of notice of civil penalty(ies) as described in subsection (G) of this section.
D. Service of Notice. The notice of civil penalty(ies) can be served by sending it to the address of the alarm site or, in the case of an alarm system monitored by an alarm company licensed to provide alarm monitoring service for the alarm site, to the address of the alarm company and to the mailing address provided by the alarm company for the alarm user. The notice(s) shall be sent by first class mail. Alternatively, the notice of civil penalty can be personally served on the violator(s). Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service.
E. Discontinuance of Law Enforcement Response. The chief of police, or designee, has the discretion to discontinue police responses to alarm signals from what appears to be a runaway alarm, or from an alarm site that has accrued six or more false alarms in the past year, or from the alarm site(s) of an alarm user or alarm company that has failed to make payment of any civil penalty(ies) assessed under this chapter as required until payment is received, or an alarm company that has failed to pay annual license fees.
F. Civil Noncriminal Violation. A violation of any of the provisions of this chapter shall be a civil violation and shall not constitute a misdemeanor.
G. Internal Review of Notice of Civil Penalties or Request for Waiver of False Alarm Fee.
1. If the violator believes the violation did not occur and/or where in the interest of justice imposing a fee is not appropriate, the violator may submit a written request for internal review of the notice of civil penalty to the alarm officer within fifteen days of the date of the notice of civil penalty. The request shall state all reasons for disputing the notice of civil penalty and provide a mailing address for further correspondence with the violator.
2. The alarm officer shall consider the information and respond in writing to the violator within fifteen days of receipt of the request stating whether the notice of civil penalty has been withdrawn or upheld and the reasons supporting the decision. If the alarm officer upholds the notice of civil penalty, the alarm officer shall notify the violator:
a. Of the right to appeal the notice of violation by requesting a hearing before a hearing examiner within fifteen days of the date of the alarm officer’s decision as provided in this section;
b. That the notice of appeal shall explain the reasons supporting the appeal;
c. Of the obligation to pay the civil penalty within thirty days of the alarm officer’s written decision if no appeal is filed; and
d. The address at which to file the appeal.
3. The city will send the alarm officer’s decision to the violator at the address provided by the violator with the written request for internal review.
H. Monetary Penalty. The monetary penalty must be paid to the city in the manner designated in the notice of penalty. In the case of an alarm system monitored by an alarm company licensed to provide alarm monitoring service for the alarm site, at the city’s discretion, the monetary penalty will be charged to the alarm company providing the alarm monitoring service. The city attorney or designee is authorized to take appropriate action to collect the monetary penalty. The violator will be responsible for the costs of collection in addition to the monetary penalty. (Ord. 3901-22 § 2 (Exh. B § 15), 2022; Ord. 3679-19 § 10, 2019.)