(a) Definitions: for the purpose of this section, the words and phrases described herein shall have the following meanings:
(1) "Owner" means the person, business, corporation or other legal entity having or maintaining a burglary, robbery, panic and/or fire alarm on any premises owned and/or occupied by him.
(2) “Alarm System” means any assembly of equipment (mechanical, electrical or detecting device) designed to signal the occurrence of an unauthorized entry, burglary, robbery, fire, medical emergency or other activity requiring urgent attention, and to which the Division of Police an/or Division of Fire is expected to respond, either as an automatic dialing device directly connected to the Public Safety Dispatch Center, a monitored alarm service, or an audible alarm inside or outside the premises.
(3) “False alarm” means the activation of an alarm when there is no emergency, attempted or forced entry, or risk from fire, heat or smoke. This also includes the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee or their employees or agents, premises left unsecured, defective locks and loose fitting windows and/or doors. A false alarm does not include alarms caused by severe weather such as hurricanes, tornadoes, earthquakes, or other similar conditions beyond the control of the owner or lessee. A false alarm also does not include the activation of an alarm system while the alarm system is being tested to determine whether or not the alarm system is in proper working order, provided that the Division of Police and/or Division of Fire has been notified in advance.
(4) "Director" means the Safety Director or his designee.
(b) False Alarms.
(1) Alarm users may be subject to warnings or fees, as provided below, depending on the number of false alarm notifications within a 12 month period unless waived for good cause by the City Manager/Safety Director as provided in subsection (c) below.
Number of False Alarms within 12 Month Period | Action Taken |
1 | Warning Letter |
2 | Warning Letter |
3 | Warning Letter |
4 | $50 fee |
5 | $125 fee |
6 or more | $250 fee |
(2) If payment of the fee is not received within thirty (30) days, a notice shall be sent by certified mail or delivered by a City employee to the manager and to the owner, if different, of the real estate of which the commercial establishment is part, or the occupant, lessee, agent or tenant and to the owner, if different, of the real estate of which the residence is part, indicating that failure to pay the fee within thirty (30) days, or failure to timely submit and obtain a waiver as provided in subsection (c) below, will result in the assessment of the unpaid fee upon the real estate.
(c) Appeal of False Alarm Determination.
(1) Upon receipt of any false alarm report, the alarm user may appeal by submitting a written explanation to the City Manager/Safety Director as to the actual cause of the false alarm within 14 calendar days of receipt of notice of the false alarm.
(2) False alarms may be waived by the City Manager/Safety Director under the following conditions:
A. Equipment malfunctions, with written verification from the alarm company that such malfunctioning equipment has been repaired; or
B. Actual or attempted unauthorized entry. burglary, robbery, fire, medical emergency or other activity requiring urgent attention provided a proper Police and/or Fire Report has been filed.
(Ord. 30-99. Passed 4-12-99; Ord. 11-2021. Passed 2-8-21.)