A. No alarm subscriber shall operate an alarm system for which no permit has been issued, or which generates more than three (3) false alarms in a ninety (90) day period, or four (4) false alarms in a one hundred and eighty (180) day period, or five (5) or more false alarms in any twelve (12) month period.
B. Any alarm system operated or maintained in violation of this section shall be deemed a public nuisance.
C. In addition to any other remedy available to the city, including the collection of any false alarm charge fee required or permitted by this chapter, the Alarm Officer may, in such officer's discretion, place an alarm system operated or maintained in violation of this section on non-response status according to the procedures delineated in this section. Furthermore, the Alarm Officer may, consistent with the procedures herein, place an alarm system on non- response status when accrued false alarm charges have been outstanding for over thirty (30) days.
D. Notice. The Alarm Officer shall provide the alarm subscriber ten (10) days written notice of non- response status. The non-response status shall not become effective unless the notice period has lapsed and no request for review has timely been made.
E. Review. The alarm subscriber may request the Alarm Officer to review and reconsider the decision to place an alarm system on non-response status. In the event a request for review is filed during the ten (10) day notice period, non-response status shall not become effective until the fifth day following the provision of notice of an adverse decision by the Alarm Officer. The request for review shall contain all pertinent information and evidence the alarm subscriber deems appropriate for the Alarm Officer's consideration.
F. Compliance. An alarm system shall remain on non-response status until such time as the alarm subscriber provides a written report, and such other evidence as the Alarm Officer deems adequate, describing the causes of the false alarms which resulted in the alarm system being placed on non-response status and the action taken to terminate or remedy such causes. Non-response status shall not terminate until the Alarm Officer finds that repair and corrective action adequate to remedy the causes for the false alarms have been effected and the alarm subscriber has paid all required fees. The Alarm Officer may impose conditions upon reactivation of active status. Active status may also be restored, with or without conditions that may include payment of a deposit, upon payment of all delinquent alarm charges.
G. Revocation of alarm permit. In any case where the Alarm Officer finds, based on substantial evidence, that an alarm subscriber who has been placed on non-response status within the previous twelve (12) months has not taken steps sufficient to remedy continued false alarms, or has repeatedly failed to pay delinquent false alarm charges, or has deliberately activated a false alarm, the alarm permit may be revoked for up to six (6) months, in addition to being placed on non- response status, following the provision of notice and review, if requested, pursuant to the procedures set forth in subsections D. and E. of this section. Following the period of revocation, an alarm subscriber may reapply for an alarm system permit in accordance with the provisions of this chapter.
(Ord. 1068, passed 5-18-04)