(a) False alarms are declared to be a public nuisance and a danger that is avoidable, and by reason of the activity and responses intended to be generated, present a threat to the safety, health and welfare of the citizens of the City. The alarm holder shall reimburse the City for costs incurred by the City by reason of a false alarm, based upon the following schedule of service charges:
Number of False Alarms Per Year | Service Charge Per Occurrence |
1 - 3 | $ 0.00 |
4 - 7 | 25.00 |
8 - 12 | 50.00 |
13 - more | 100.00 |
(b) Subject to subsection (c), this section imposes strict liability for all false alarms; and upon determination that an alarm is a false alarm, such determination of fact shall be conclusive, and the absence of fault or intent shall not be a defense to the service charges assessed by this section.
(c) If the alarm holder demonstrates that the alarm was caused by:
(1) An event not reasonably foreseeable or circumstances not reasonably within the control of the alarm holder or his agents and which could not have been prevented by the proper adjustment or pre-setting of the alarm system’s sensor threshold; or
(2) A response to a reasonably perceived, but mistaken, emergency, the alarm will be designated a non-chargeable false alarm.
No service charge shall be assessed for a non-chargeable false alarm, and a non- chargeable false alarm shall not be counted as a false alarm in calculating service charges under this section. Such evidence shall be presented to the Mayor or his designee, within 14 days of the false alarm. If such evidence is not submitted in a timely manner, the alarm shall conclusively be deemed a chargeable false alarm.
(d) No alarm holder shall fail to pay the services charges assessed by this section within 30 days of the issuance of a statement for such charges by the City to the alarm holder at the address to which public safety personnel responded.
(Ord. 63-96. Passed 10-8-96.)