(A) First and second false alarms. If within any 12-month period, the Davidson County Sheriff’s Office responds to one or two false alarms at the same premises or location, the Sheriff shall send a notice to the alarm user informing him or her of the false alarm(s) and encouraging the prevention of future false alarms.
(B) Third and fourth false alarms. If within any 12-month period, the Davidson County Sheriff’s Office responds to a third or fourth false alarm at the same premises or location, the alarm user shall be subject to a civil penalty of $50 for any such alarm(s), provided that after the third false alarm only, the civil penalty may be waived by the Sheriff or his designee upon written evidence from a person or company licensed by the North Carolina Alarm System Licensing Board certifying that the false alarm was caused by electronic or mechanical malfunction of the alarm system and that the alarm system has been repaired.
(C) Fifth and subsequent false alarms. If within any 12-month period, the Davidson County Sheriff’s Office responds to a fifth or subsequent false alarm at the same premises or location, the alarm user shall be subject to a civil penalty of $100 for each false alarm.
(D) False alarms following installation. Any false alarms occurring within seven days of installation of a new alarm system shall not be considered a false alarm for the purpose of the assessment of civil penalties.
(E) Continuing alarms. An alarm user or his representative shall reset an alarm when notified by the Sheriff’s Office or Communications Center that such alarm has been activated. All audible alarms shall be equipped with an automatic reset devise that will reset and cease to sound the alarm after no more than thirty (30) minutes of continuous activation. When an alarm activates continuously for a period of 60 minutes from the time an officer initially responds to the alarm due to the failure of the alarm or the alarm user or his representative to reset the alarm, it shall be deemed a false alarm and each subsequent 60-minute period or portion thereof that the alarm continues to be activated shall be considered a separate false alarm. The alarm user shall be subject to a civil penalty for such continuing alarm at a flat rate of $10 for each false alarm as defined in this division (E), not to exceed $100 for any 24-hour period. The absence of direct notice to the alarm user or his representative of the activation shall not constitute a defense to these fees if the Sheriff’s Office or Communications Center is not reasonably able to contact such person due to the failure of the alarm user to conform to the provisions of this chapter.
(F) Authority to waive penalty. The Sheriff shall have the authority to waive any penalties charged to an alarm user when such an alarm user submits to the Sheriff adequate evidence that the alleged false alarm was not actually false as defined in this chapter. In such instances, the Sheriff shall prepare a written notice of such intention to waive the penalty and submit same to the County Manager. The Sheriff shall not formally waive such penalty until the County Manager has signed the notice and returned same to the Sheriff.
(G) Liability for payment of civil penalty.
(1) Notwithstanding any contractual agreement between an alarm contractor and an alarm user, the alarm user shall be liable for payment of any civil penalty due to Davidson County.
(2) Any county employee authorized by the Sheriff may issue to the known owner of or person having control of any place of business or residence a civil penalty citation giving notice of the violation of this ordinance. Any such official shall be authorized to secure the name and address of the owner of or person in control of the place of business or residence found to be in violation of exceeding the number of alarms allowed. Citations so issued may be delivered in person or mailed by registered mail to the person charged if the person cannot readily be located. Each citation issued shall impose upon the owner or person in charge a civil penalty as prescribed by this chapter which shall be paid to the Sheriff’s Office within 30 days of receipt in full satisfaction of the assessed penalty. If the civil penalty is not paid within the time prescribed in the citation, the appropriate personnel of the County may initiate a civil action in the nature of debt to collect such civil penalty.
(Ord. passed 5-12-96)