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Any violation of the provisions of this chapter may be prosecuted under the provisions of § 10.99 and is subject to a fee as prescribed in the City of Eureka Schedule of Fees and Service Charges.
(Ord. 921-C.S., passed 9-7-21)
(A) The City Council may, from time to time, by resolution, adopt such fees and service charges for the following items, as it deems appropriate:
(1) Alarm permit.
(2) Reinstatement fee.
(3) False alarm fee.
(4) Late application fee.
(5) Renewal fee.
(B) Any failure to pay, within 30 days of billing, any fees authorized by this chapter shall result in a penalty assessment being added.
(Ord. 921-C.S., passed 9-7-21)
The city shall enforce this chapter. Each violation shall constitute a separate offense. A violation of any section in this chapter is punishable as a misdemeanor or infraction, chargeable at the City Attorney's discretion pursuant to § 10.99.
(Ord. 921-C.S., passed 9-7-21)
Information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this subchapter or for legitimate law enforcement needs.
(Ord. 921-C.S., passed 9-7-21)
(A) Discontinuance of alarm response.
(1) The Police and Fire Departments reserve the right to discontinue response to any location of a silent or audible alarm, where an alarm system has been declared a public nuisance by an Alarm Administrator. An alarm system may be declared a public nuisance when all of the following conditions have been met.
(a) The alarm user permit has been revoked due to false alarms;
(b) The revoked alarm user permit has not been reinstated;
(c) The cause of the false alarms has not been corrected; and
(d) If revoked, the decision of the Alarm Administrator to revoke the permit is not currently on appeal pursuant to § 103.09; or
(2) Any alarm that activates falsely more than two times per 24-hour period and is in apparent need of repair, adjustment or correction shall be deemed a nuisance by the Alarm Administrator. In order to minimize danger to emergency responders and to the public during the response of any alarm, the on-duty watch commander or fire duty chief/officer may use their discretion to discontinue additional responses. Any such decision shall be followed up by making the permittee or their alarm agent aware of the decision to discontinue response if possible. The Alarm Administrator or designee shall make the contact to relay the decision to discontinue response.
(B) Unavailability or refusal by alarm user. When an alarm user, responsible alarm agent, or property owner of an unsecured alarmed premises cannot be located or refuses the request from a police officer, fire captain, or their representative, the Police or Fire Departments shall be under no obligation to remain or secure the premises and the permittee's alarm permit may be subject to suspension or revocation.
(Ord. 921-C.S., passed 9-7-21)
(A) Passage of this chapter does not in any way constitute an agreement, in fact or implied, that the Police or Fire Department must respond to an activated alarm, even though an alarm user has fully complied with this chapter.
(B) The Police and Fire Departments and the city shall not be liable in any manner whatsoever for any claim, demand or suit for damages arising out of or in any manner occasioned by connection to or use of any alarm system or device or by reason of the Police or Fire Department's failure or inability to respond to an alarm.
(Ord. 921-C.S., passed 9-7-21)
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