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§ 132.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FALSE ALARMS. The activation of any mechanical, burglary, robbery, security or fire alarm system for the purpose of summoning police and/or fire personnel, or which causes one or more police or fire personnel to be dispatched or summoned to a particular location within the city, when, in fact, no crime, fire or other emergency has, or is being attempted or committed, on the premises.
   PREVENTABLE FALSE ALARM. The careless activation of any police security or fire alarm by any individual, or activation of any police security or fire alarm system proximately caused by the failure of the owner, lessee, operator or occupant, or their contractor or agent, to properly design, install or reasonably maintain the security or alarm system in a safe operating condition. Police security or fire alarms shall not be deemed a PREVENTABLE FALSE ALARM in violation of this chapter if it is determined by the Chief of Police, Chief of the Fire Department, or their designees, that the alarm was caused by:
      (1)   A act of vandalism causing physical damage to the premises;
      (2)   Alarms occurring during electrical storms, tornadoes, blizzards or other acts of God where there is evidence of damage or disruption to the alarm system;
      (3)   Electrical power or telephone circuit disruption beyond the control of the alarm company and/or user; or
      (4)   Any and all other acts or omission by persons, or events beyond the reasonable control of the owner, lessee, operator or occupant of the premises and the security alarm system.
(Prior Code, § 132.01) (Ord. 13-2002, passed 8-5-2002)
§ 132.02 UNLAWFUL FALSE ALARMS; NOTICE AND DUTY TO INSPECT, REPAIR AND INITIATE TRAINING AFTER FIVE PREVENTABLE FALSE ALARMS.
   (A)   Prohibition; preventable false alarms. It shall be unlawful for any person to activate, initiate, transmit or otherwise cause, authorize or allow more than five “preventable false alarms” at the same location within a six-month period.
   (B)   Notice and corrective action requirement.
      (1)   General. If the Police or Fire Department, through their respective designees, have probable cause to believe that five preventable false alarms have occurred at the same location within a six-month period, the Chief of the respective department, or his or her designee, shall within 48 hours of having established probable cause, notify the property owner or other entity, user or person in charge of the alarm system, in writing (by delivering said notice in person or by certified mail, return receipt requested), of the nature and number of preventable false alarms that have occurred to date, including a brief description of the date and circumstances of each preventable false alarm, and shall further advise the property owner, entity, user or person in control of the alarm system, that any additional preventable false alarms after this period of correction provided in division (B)(2) below shall constitute a violation of this chapter for which the offender may be subject to prosecution or civil penalty. Therefore, a compliance status with zero preventable alarms shall be maintained for at least six months to avoid additional penalty.
      (2)   Duty to inspect and repair. Upon written notification from the Police or Fire Departments, through then-respective designee, of the occurrence of five preventable false alarms within a six-month period, the property owner, entity, user or person in control of the police or fire security alarm system in question, shall have the alarm system inspected by a representative of the manufacturer of the alarm system or a qualified and reputable representative of a fire and security alarm system dealer, to determine if the false alarms are the result of mechanical failure, malfunction, improper design, installation, lack of proper maintenance or human error due to carelessness or lack of training. The inspection report shall note any and all deficiencies believed to exist in the professional opinion of the qualified inspector, and what repairs or other corrective action the inspector believes is required to render the alarm system safe, operational and functional in relation to the type of property or business it was designed and intended to secure. It shall be the responsibility of the property owner, entity, user or other person in control of the alarm system to make the necessary repairs and/or take any and all other remedial measures reasonably identified and required by the qualified inspector, and to submit a copy of the inspection report along with written proof of the repairs and/or remedial action taken to correct any malfunctions or deficiencies identified in the alarm system to the Police or Fire Departments from whom the original notice was received, within 14 days of receipt of the formal notification required in division (B)(1) above.
      (3)   Duty to train and provide orientation to employees and occupants. Upon written notification from the Police or Fire Departments, through their respective designee, of the occurrence of five preventable false alarms within a six-month period, the property owner, entity, user or person in control of the police or fire security alarm system in question, shall provide system operation instruction to all system operators or potential authorized users of the premises, and shall provide written documentation of the framing to the Police or Fire Departments from whom the original notice was received, within 14 days of receipt of the formal notification required in division (B)(1) above.
   (C)   Exception. A false alarm shall not be deemed a “preventable false alarm” under the prohibition in division (A) above if it occurs at a location for which the property owner, entity, user or person in control of the alarm system has been formally notified to inspect and repair any malfunctions or deficiencies in accordance with divisions (B)(1) and (B)(2) above; provided that, the false alarm occurs within the time period prescribed for the alarm system to be inspected and repaired, if necessary.
(Prior Code, § 132.02) (Ord. 13-2002, passed 8-5-2002) Penalty, see § 132.99
§ 132.99 PENALTY.
   (A)   Any person found to be in violation of any section of this chapter shall be guilty of a misdemeanor and, upon conviction thereof for each offense, shall be punished by a fine not to exceed $500. As an alternative to, or in conjunction with, the penalties set forth herein, any person found to be in violation of this chapter may also be assessed a civil penalty not to exceed $500, payable to the city within 20 days of the issuance of the citation. Civil penalties not paid within the time prescribed herein may be recovered by the city in a civil action, in the same manner provided for the collection of a civil debt.
   (B)   The enforcing agency, department or individual may choose to seek enforcement through the Code Enforcement Board enacted on 4-30-2003 by Ord. 09-2003.
(Prior Code, § 132.03) (Ord. 13-2002, passed 8-5-2002; Ord. 19-2003, passed 6-23-2003; Ord. 03-2005, passed 2-21-2005)