6-5-2: FALSE ALARM RESTITUTION FEES AND PENALTIES 1 :
The purpose and intent of this section is to reduce the number of false alarm fire signals transmitted to the fire department and thereby safeguard the life and limb, health, property and public welfare of the citizens of the city. It is further the purpose and intent of this section to establish fees for restitution for false alarms.
   A.   Definitions: For the intent and purpose of this section, the terms below shall be defined as follows:
   COMMERCIAL FIRE ALARM SYSTEM FALSE ALARM (NONMALICIOUS): An alarm that comes from a fire alarm system in a commercial structure, that is a report of the need to respond to a nonexisting emergency incident.
   COMMERCIAL FIRE ALARM SYSTEM FALSE ALARM RESTITUTION FEE: A fee assessed for false fire alarms from commercial structures.
   FALSE ALARM: Any signal, transmission, voice message, telephone call or other method of notifying the fire department of the need to respond to a nonexisting emergency incident.
   FALSE ALARM RESTITUTION: An amount recommended by the fire chief or his representative and fixed by the city council to cover the cost to the city of Elko for emergency response to false alarms transmitted by an individual. This amount does not limit any additional fines and/or penalties that may be imposed by the courts.
   RESIDENTIAL FIRE ALARM SYSTEM FALSE ALARM (NONMALICIOUS): An alarm that comes from a fire alarm system in a residential structure that is a report of the need to respond to a nonexisting emergency incident.
   RESIDENTIAL FIRE ALARM SYSTEM FALSE ALARM RESTITUTION FEE: A fee assessed for false fire alarms from residential structures.
   B.   Individual Liability For Restitution: The owner of every premises shall be liable for restitution to the fire department for false alarms transmitted from such premises by automatic alarm and individuals shall be liable for restitution to the fire department for alarms manually transmitted by whatever means.
   C.   Fire Chief Duties: The fire chief or his representative shall keep a record of all false alarms and shall bill the owner, manager or representative of properties from which false alarms originate.
   D.   Restitution; Fee Schedule: The fee for false alarm restitution shall be set by resolution of the city council. (Ord. 569, 6-26-2001)

 

Notes

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1. See also title 5, chapter 10 of this code.