(a) Notice. For each false alarm signal, the Alarm Administrator shall send a notice to the alarm user by first class mail, postage prepaid. The notice shall state:
(1) that police personnel responded to a false alarm;
(2) the date and time of police personnel response to the false alarm;
(3) the identification number of the responding police personnel;
(4) that the alarm user shall ensure that the alarm system is properly operated, inspected and installed;
(5) if applicable, the amount of a civil penalty assessment as provided in subsection (b); and
(6) the review procedures available to the alarm user.
(b) Civil penalty for false alarms.
(1) The alarm user is not subject to a civil penalty for the first and second false alarms at a single alarm site within any 12-month period.
(2) The civil penalties for the third or more false alarms at a single alarm site in a 12-month period are:
(i) $50 for the third and fourth false alarms;
(ii) $75 for the fifth false alarm;
(iii) $100 for the sixth false alarm;
(iv) $125 for the seventh false alarm;
(v) $150 for the eighth false alarm;
(vi) $175 for the ninth false alarm;
(vii) $200 for the tenth false alarm;
(viii) $225 for the eleventh false alarm; and
(ix) $250 for the twelfth and any subsequent false alarms.
(3) The alarm user is not subject to a civil penalty for the fourth or more false alarms in one calendar day at a single alarm site.
(4) A penalty imposed under this subsection is a civil penalty administratively imposed by the Alarm Administrator in accordance with Local Government Code, § 16-108, of the State Code.
(c) Review.
(1) An alarm user may request review of the civil penalty to the Alarm Administrator within 30 days of the date of the notice assessing the civil penalty. The request for review must be in writing and set forth all reasons for the request.
(2) The computer aided dispatch (CAD) record shall be prima facie evidence that a false alarm occurred.
(3) The assessment of a civil penalty shall be stayed until a final decision is reached.
(4) The Alarm Administrator shall issue a written decision within 60 days of the date of the request for review. The decision shall affirm or reverse the assessment of the civil penalty.
(d) Payment. All civil penalties shall be paid by the alarm user within 30 days of the date of the notice from the Alarm Administrator. All civil penalties unpaid after 30 days may be collected as provided in § 1-9-101 of this Code.
(Bill No. 41-09)