A. False alarm penalties. Penalties for false alarms within each alarm permit year may be assessed against an alarm user permit holder as follows:
1. First false alarm - Free.
2. Second false alarm - thirty dollars ($30.00).
3. Third false alarm - seventy five dollars ($75.00).
4. Fourth false alarm - one hundred dollars ($100.00).
5. Fifth false alarm and above - two hundred dollars ($200.00).
B. Other Penalty(ies). Violations may be enforced through the assessment of penalty(ies) in the amount of one hundred dollars ($100.00) per violation through the entirety of this ordinance.
C. Cancellations. If cancellation of police response occurs prior to dispatching an officer, the response is not considered a false alarm for the purpose of a penalty and no penalty will be assessed.
D. Non-criminal violation. A violation of any of the provisions of this ordinance shall constitute a violation only and shall not constitute a misdemeanor crime or infraction.
E. Payment of Penalty(ies). Penalty(ies) shall be paid within thirty (30) days from the date of the invoice or alarm permit may be suspended.
F. Notice to alarm users of false alarms and potential suspension. The Alarm Administrator shall notify the alarm user in writing after each false alarm. The notice shall include:
1. The amount of payment required for the penalty, if any.
2. The fact that the police response may be suspended after four (4) false alarms in an alarm permit year, the police will still respond to duress, holdup, robbery and panic alarms
3. A description of the appeals procedure available to the alarm user.
G. Suspension of Police Department response - Delinquent account. The failure of an alarm user to make payment of any penalty(ies) assessed under this ordinance within thirty (30) days from the date of the invoice may result in discontinuance of law enforcement response to alarm signals that may occur at the premises described in the alarm user's permit until payment is received.
The Alarm Administrator shall notify the alarm user and the alarm company in writing thirty (30) days before an alarm response is to be suspended. Suspension of alarm response does not apply to duress, robbery, holdup, and panic alarms. The notice of suspension must also include the amount of the penalty for each false alarm, and a description of the appeals procedure available to the alarm user and the alarm company.
H. Suspension of Police Department response - Excessive false alarms. After an alarm site has accumulated four (4) false alarm responses in a twelve (12) month alarm permit period, the Alarm Administrator shall notify the alarm user and the alarm company in writing thirty (30) days before an alarm response is to be discontinued. Suspension of alarm response does not apply to duress, robbery, holdup, and panic alarms. The notice of suspension must also include the amount of the penalty amount for each false alarm, and a description of the appeals procedure available to the alarm user and the alarm company.
I. Reinstatement of suspended sites for excessive false alarms. An alarm user whose alarm user permit has been suspended may obtain reinstatement of the permit by the Alarm Administrator if the alarm user submits to the Alarm Administrator:
1. A one hundred dollar ($100.00) non-refundable reinstatement fee.
2. Sufficient articulation in writing, addressing proactive measures to be implemented to prevent false alarms in the future.
3. If the alarm system is monitored by an alarm company a certification from the alarm company stating that the alarm has been inspected and/or repaired on cases where repetitive, obvious malfunctioning of the system occurred.
J. Reinstatement of response. The Police Department will reinstate its response to an alarm site as soon as practical, after receiving notice of reinstatement from the Alarm Administrator.
K. Additional suspension of service. If an alarm user permit is reinstated after suspension, the Police Department may again discontinue service if it is determined that two (2) false alarms have occurred within sixty (60) days after the reinstatement date.
L. Alarm Administrator discretion. In the Alarm Administrator's sole discretion, the Alarm Administrator may waive required alarm inspection certification or alarm user training prior to approving reinstatement, and may reduce or waive false alarm fees, as appropriate. The Alarm Administrator's decision to approve or deny reinstatement, or to reduce or waive fees, shall be made to further the efficient use of Police Department resources and in the interests of the public health, safety and welfare. (Ord. 21-65)