1. An appeal process is available to every alarm user who believes that a false alarm has been misclassified. The alarm user must file a request for the same with the alarm administrator within twenty days of receipt of the written notice and invoice. An alarm business may submit the request for review on behalf of an alarm user. The request to appeal any false alarm fees must be accompanied by a written explanation for the appeal and an appeal fee.
2. The filing of the appeal request stays the assessment of the false alarm service fee until the alarm administrator and Police Chief make a final decision.
3. The alarm administrator may adjust the count of false alarms based on:
A. Evidence that the false alarm was caused by an act of God (violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user);
B. Evidence that a false alarm was caused by action of the telephone company, verified in writing to the alarm administrator by at least a first line telephone company supervisor or by municipal personnel on the scene of an alarm;
C. Evidence that a power outage lasting longer than four hours caused a false alarm; or
D. Evidence that the alarm dispatch request was not a false alarm.
4. The alarm administrator shall schedule the matter for review with the Police Chief and if it is determined that the alarm was erroneously deemed a “false alarm” or was activated because of an emergency or by circumstances in which the false alarm was not avoidable by the use of due care, the alarm administrator may waive the false alarm fee. If this decision is reached, the alarm administrator shall refund the appeal fee to the alarm user.
5. In determining the number of false alarms, multiple alarms occurring in any 24-hour period shall be counted as one false alarm to allow the alarm user time to take corrective action unless the alarm user directly causes the false alarms.
6. If the alarm administrator and the Police Chief determine that the alarm was improperly installed or maintained, the alarm was user error, or that the alarm equipment is defective, the false alarm fee shall not be waived.
7. The findings and decisions of the alarm administrative staff are final and shall be in writing and filed with the office of the Police Chief. No more than two false alarm fees per calendar year at the same alarm site shall be waived.
8. With respect to fines of an alarm business and/or monitoring company the alarm administrator may take into consideration whether the alarm business had engaged in a consistent pattern of violations.