729.07 FALSE ALARMS.

   (a)   False alarms charges may be made as follows, unless waived, in writing, for good cause by the Safety Director or the Chief of Police acting on his or her behalf.  “Annually” means per calendar year.

   Business users.  A charge of twenty-five dollars ($25.00) shall be made for the first three false alarms annually and a charge of fifty dollars ($50.00) shall be made for each false alarm thereafter annually.

   (b)    Business false alarm charges shall apply only when there is a response by the Police Department or the Fire Department and where such response could have been avoided by the use of ordinary business practices by the customer and by the installation and maintenance of proper alarm equipment and back-up power supplies.  Alarms designated by the Police Department as “Unknown Cause” shall be deemed to be false alarms.  Alarms caused by extreme weather conditions only, will not be considered false alarms for billing purposes by the Police Department.  Any charge for a false alarm remaining unpaid thirty days after the date of the mailing of the invoice shall be cause for cancellation of the alarm and the permit therefor by the Safety Director.  Four or more false alarms annually shall also be grounds for cancellation of the permit by the Safety Director.

   (c)   If there is a response by the Police Department or the Fire Department to a false alarm resulting from improper equipment, installation and/or servicing by the alarm business and/or agent, the alarm business may be charged a civil penalty of one hundred dollars ($100.00) per false alarm by the Safety Director.

(Ord.  1999-143.  Passed 9-27-99.)

729.08 EQUIPMENT STANDARDS; MAINTENANCE; INSTRUCTIONS; INSPECTIONS; REVOCATION OF PERMITS.

   (a)   All equipment used in installations for which a permit is required under this chapter shall meet the applicable standards of Underwriters' Laboratories, Inc., the National Fire Protection Association and/or another recognized industry standard. The applicant may be required to submit evidence of the reliability and suitability of the equipment to be installed before a permit is issued or thereafter.

   (b)   The sensory mechanism used in connection with such devices must be adjusted to suppress false indications of fire or intrusion so that the devices will not be actuated by impulses due to transient pressure change in water pipes, short flashes of light, wind noises such as the rattling or vibrating of doors or windows, vehicular noise adjacent to the installation or other forces unrelated to genuine alarms.

   (c)   All components comprising such a device must be maintained by the owner, lessee and/or user in good repair to ensure reliability of operations.

   (d)   Each alarm equipment supplier that sells or leases an automatic protection device which is installed on any premises in the City shall furnish instructions for the operation and maintenance of such device to the purchaser or lessee.

   (e)   At the time of installation, each alarm equipment supplier shall furnish to the person for whom an alarm system has been installed, written information as to how service can be obtained at anytime, including the telephone number to call for service. Such user shall be responsible for having the device repaired as quickly as possible after learning, either from his or her own sources or from notification by the City, that the device is not working properly.

   (f)   Any City official may, at reasonable times and upon prior notice, where possible, enter upon any premises within the City to inspect the installation and operation of an automatic protection device or signaling device, the purpose of which device is to report an emergency to the police and/or fire station. Such official may apply to any court of competent jurisdiction for a warrant to enter under circumstances where the owner or person in charge refuses or neglects entrance, or is absent, to inspect the equipment. Where there is insufficient time to reasonably obtain a search warrant under urgent circumstances, the safety forces may enter the property to abate a nuisance or conduct a required investigation.

   (g)   All equipment referred to in this chapter shall be maintained in good operating condition. Any City official may require that repairs be made whenever the official has determined that such are necessary to ensure proper operation.

   (h)   For a violation of any of the provisions of this chapter, for an incomplete or untruthful application, for failure to properly maintain an installation or for four or more false alarms in any twelve-month period, the Safety Director may serve written notice upon a permit holder, at the permittee's application address, of intent to revoke his or her permit. Such notice shall be given not less than seven days prior to revocation. Such notice shall state the right of the permit holder to appeal to the Safety Director in writing within seven days of the order. If an appeal is filed, the Safety Director shall hold a quasi-judicial hearing on the issues and any interested party may be present, represented by an attorney and permitted to bring witnesses and to examine and cross-examine any witness. The Safety Director shall render a decision on the basis of the facts presented. The decision shall be final. If no appeal is filed, the permit shall be cancelled. Upon cancellation, the Chief of Police and/or the Fire Chief shall take whatever steps are necessary to disconnect the alarm. Any service of notice shall be complete by leaving it at the place where the equipment is located or with a person living or working at such place or by delivery to a place indicated on the permit or any application.

(Ord.  1999-143.  Passed 9-27-99.)

729.09 SECURITY SURVEILLANCE SIGNS.

   Not more than two (2) security surveillance signs are permitted per parcel, which sign shall be not greater than one square foot in area and installed either in a window or outside the principal building. An outside sign shall not exceed three feet in height above the ground and shall be located within six feet of the front of the building. The Building Commissioner may vary the location of an outside sign where unusual landscaping features would prevent reasonable visibility, but such sign shall not be forward of the landscaping.

(Ord.  1999-143.  Passed 9-27-99.)

729.10 NONLIABILITY OF CITY.

   The issuance, nonissuance or cancellation of any permit under this chapter and any other act or omission of the City and/or its agents and employees shall not constitute acceptance by the City of any liability whatsoever to maintain any equipment, to answer alarms or to do anything else in connection therewith. No person shall have an expectancy or reliance upon this voluntary service of the City and the City's liability in contract, tort or otherwise shall not exceed a return of the permit fee.  (Ord.  1999-143.  Passed 9-27-99.)

729.11 RULES AND REGULATIONS.

   The Safety Director shall make and enforce such rules and regulations as are deemed necessary for the enforcement of this chapter and for the proper determination and collection of the fees and charges herein provided and shall grant limited or temporary waiver or immunity from such rules and regulations for unusual conditions.

(Ord.  1999-143.  Passed 9-27-99.)

729.12 FEES.

   (a)    Fees for permits under this chapter are as follows:

      Permit Fee - One-Time Fee   $ 25.00

      (applies only to alarms directly connected

      to the Police Department)

   (b)   The tie-in fees shall be paid at or before commencement of services.

(Ord.  1999-143.  Passed 9-27-99.)

729.99 PENALTY.

   In addition to any other remedy or civil penalty, whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense.  (Ord.  1999-143.  Passed 9-27-99.)