A.   Purpose: The purpose of this section is to reduce the number of the false burglary and robbery alarms, thereby enhancing response time on other critical calls for service.
   B.   Definitions: For the purpose of this section, the following terms, phrases and words, and derivations thereof, shall have the meaning given herein. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and not merely directory.
    ALARM AGENT: Any person employed by an alarm business whose duties include the installation, maintenance, repair, service, response to, or summoning others to respond to an alarm system. When the alarm system is the sole responsibility of the user and no contractual agreements with another company exist for the maintenance of alarm equipment, the user shall be considered the alarm agent for purposes of this section.
   ALARM COMPANY DIRECTOR: Any person who receives an activation of an alarm or alarm system as provided by this section and then transmits the information to the Blackfoot city police department.
   ALARM OFFICER: The chief of police of the city or his designee.
   ALARM SUBSCRIBER: Any person who purchases, leases, contracts for, or otherwise obtains an alarm system or contracts for the servicing or maintenance of an alarm system.
   ALARM SYSTEM: Any mechanical, electrical or other device which is designated or used for the detection of a trespass, burglary, or robbery within a building, structure or facility, or for alerting others to a hazard or to the commission of an unlawful act within a building, structure or facility, or which emits a sound or transmits a signal or message when activated and which is designated to elicit a response from the police department. Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms but are audible, visible or perceptible outside the protected building, structure or facility are not included within this definition. An alarm system includes all the necessary equipment designed and installed for the detection of a trespass, burglary, robbery or other hazard in a single building, structure or facility, or for alerting others to the commission of an unlawful act within a building, structure or facility.
   AUDIBLE ALARM: A device designed for the detection of unauthorized entry or presence on certain premises which generates an audible sound or signal on such premises when it is activated.
   AUTOMATIC DIALING DEVICE: An alarm system that automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.
   EMERGENCY: Any condition for which the alarm was designed and installed, and which results in a response of police personnel.
   FALSE ALARM: An alarm signal, message, transmittal or communication which is activated from an alarm system and which is responded to by personnel of the police department for which no emergency situation exists or existed as determined by the responding personnel. False alarm shall not include alarms caused by natural occurrences such as hurricanes, tornadoes, earthquakes, or other extraordinary circumstances determined by the alarm officer to be clearly beyond the control of the alarm subscriber.
   PENALTY STATUS: That status achieved by more than two (2) false alarms within the calendar year beginning January 1 and ending December 31.
   PERSON: Any individual, partnership, association, corporation, organization of any kind, or any governmental entity or political subdivision thereof.
   POLICE DEPARTMENT: The Blackfoot city police department.
   C.   Alarm Systems Maintenance:
      1.   Each alarm subscriber shall maintain each alarm system in good working order, and provide the necessary service to prevent malfunctions.
      2.   It shall be unlawful for an alarm subscriber to allow, permit, or use an alarm system that is not in good working order, or has fallen into disrepair, or has malfunctioned.
   D.   Maintaining A Public Nuisance Alarm; Penalty Fees:
      1.   More Than Two False Alarms: No person, whether or not an alarm subscriber, shall maintain, operate, use or attempt to use an alarm system which generates more than two (2) false alarms in a calendar year. (2003 Code § 6-01-07)
      2.   Penalty Fees: Any alarm system maintained, operated, used, or attempted to be used in violation of this section shall be deemed a public nuisance pursuant to Idaho Code section 50-334. In addition to reimbursement or any other remedy available to the city, the city may impose a penalty fee for each and every false alarm after the two (2) within the calendar year, as determined by resolution of the city council. (2003 Code § 6-01-07; amd. 2012 Code)
      3.   Finding Of Public Nuisance: Where the alarm system is deemed a public nuisance as provided in this section, the alarm officer shall provide the alarm subscriber written notice informing the alarm subscriber of the penalty status and the finding of public nuisance.
      4.   Abatement Of Nuisance:
         a.   The city hereby reserves all remedies provided for in Idaho Code sections 50-334, 52-202, and 52-205.
         b.   The city shall further reserve all rights and remedies of collection pursuant to Idaho Code section 50-1008.
      5.   Review:
         a.   The alarm subscriber may request that the alarm officer review and reconsider the determination of public nuisance by submitting a written request to the alarm officer within ten (10) days upon receipt of the notice of penalty status and nuisance. Failure to submit a written request in compliance with this section is deemed a waiver of any and all rights to appeal.
         b.   The alarm officer shall review the determination and send the alarm subscriber his findings as to whether the alarm system is a public nuisance in writing by certified mailing within fifteen (15) days of receipt of written request of the alarm subscriber. (2003 Code § 6-01-07)
      6.   Appeal: The alarm subscriber may request a hearing before the city council after filing a notice for hearing in writing to the city clerk no later than ten (10) days upon mailing of the alarm officer's finding of public nuisance. Any finding by the city council is appealable to the district court of the seventh judicial district provided filing and fees are submitted in accordance with state law.
   E.   Compliance:
      1.   An alarm subscriber who has notice of his/her alarm system being deemed a public nuisance shall be assessed a penalty fee in accordance with the fee schedule established by resolution of the city council. (2003 Code § 6-01-07; amd. 2012 Code)
      2.   An alarm subscriber who has notice of the assessed penalty or for any amount due in reimbursement, shall remit within fifteen (15) days the amounts due to the city.
   F.   Prohibited Alarm Systems: No person shall use or operate an automatic dialing device or any device programmed to initiate and deliver a message or signal to any telephone number belonging to the city.
   G.   Violations:
      1.   It shall be unlawful to operate or maintain any "alarm system", as defined in subsection B of this section, for any purpose other than reporting such trespasses, burglaries, robberies, or other crimes involving potential serious bodily injury or death.
      2.   It shall be unlawful for any person to operate or use a public safety alarm system for any purpose other than that for which it is installed, or for any purpose other than detecting and reporting a trespass, burglary, robbery or other permitted purpose.
      3.   It shall be unlawful for any alarm agent, alarm subscriber or other person to install, operate or use any "alarm system", as defined in subsection B of this section, which malfunctions due to improper installation or operation and that results in the generation of false alarms. (2003 Code § 6-01-07)
   H.   Uniform Fire Code Not Affected: Nothing in this provision shall be construed as modifying or nullifying adopted fire code. (2003 Code § 6-01-07; amd. 2012 Code)
   I.   Enforcement: The conviction or punishment of any person for violation of the provisions of this section shall not release such person from paying any business taxes, charges, fees, license fees or reimbursement for false alarms due and unpaid at the time of such conviction, nor shall payment of any fee or reimbursement for false alarm prevent the criminal prosecution for violation of any of the provisions of this section. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy provided by law. (2003 Code § 6-01-07)
   J.   Penalties:
      1.   Unless otherwise provided, any person violating any of the provisions of this section shall be deemed guilty of a general misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in title 1, chapter 4 of this code.
      2.   Each and every false alarm over two (2) within the calendar year shall be deemed a separate offense. (2003 Code § 6-01-07; amd. 2012 Code)