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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.
No alarm user may apply for an alarm permit required under this chapter within one year after the denial of any such permit to such applicant, or after the non-renewal or revocation of any such permit, unless the cause of such denial, revocation, or non-renewal has been, to the satisfaction of the alarm administrator, removed within such time. This section shall be inapplicable to denials of applications or renewal when the reason for denial was for an administrative, technical, or otherwise non-material reason. While the permit is revoked, the police shall only provide secondary response to that alarm site.
The alarm administrator may reinstate a suspended permit upon receipt of acceptable evidence that the cause has been addressed and appropriate corrective action has been taken. The alarm administrator may require a certification from an alarm business, which complies with the requirements of this chapter, stating that the alarm system has been inspected and repaired (if necessary) by the alarm business. In addition, the alarm administrator may require one or more of the following as a condition to reinstatement:
1. Proof that an employee of the alarm business caused the false alarm.
2. A certificate that the alarm user has successfully completed the false alarm awareness class as provided in this chapter.
3. A written statement from an independent inspector designated by the alarm administrator that the alarm system has been inspected and is in good working order.
Alarm permits are reinstated upon the receipt of a completed application form, the above requirements, the set new-permit fee, and all unpaid false alarm fees. If the alarm permit is reinstated pursuant to this section, the alarm administrator may revoke the alarm permit if it is determined that one subsequent false alarm dispatch occurs within sixty days after the reinstatement date.
1. The Police Department shall provide an educational program for the prevention of false alarms as needed. The Police Department shall allow an alarm user to attend any false alarm education program for the purposes provided in this section. The Police Department shall collect the program fee before or at the time of a person’s attendance in the program.
2. If an alarm user or owner successfully completes the false alarm education program, the Police Department shall issue the person a certificate. The certificate may be used to satisfy the requirements of this chapter and be used in lieu of payment of one service fee assessment imposed pursuant to that section, provided that the certificate is submitted with a timely appeal of the initial assessment of false alarm service fees and is submitted within one year of its issuance.
3. An alarm user or alarm owner who attends a false alarm education program provided by the Police Department is not eligible to attend a false alarm prevention program again within twelve months after the day on which the person last attended the program unless such attendance is necessary to satisfy the requirements of this chapter.
Information contained in the registration application and all applications for appeals shall be held in confidence by all employees and representatives of the City, including any third-party administrator or employees of a third-party administrator with access to such information.