(A) Except as provided in § 92.33, any alarm system which has four or more false alarms within a consecutive 180 day period shall be subject to assessment as provided herein.
(B) Except as provided in § 92.33, if the Police Department records four or more false alarms within a consecutive 180 day period:
(1) The Police Department shall notify both the alarm subscriber and alarm business or the proprietor alarm owner by mail of such fact and direct that a report be submitted to the Police Chief within ten days of receipt of the notice. The report shall contain specific defenses, if any, as to why the alleged false alarms should not be considered false alarms. Evidence that a false alarm was caused by an act of God, common cause or action of the telephone company shall constitute affirmative defenses to an assessment for the particular false alarm. In addition, any false alarm that is reported as such to the Police Department prior to any police officers arriving at the scene shall also constitute an affirmative defense to an assessment for the particular false alarm.
(2) The report required in division (B)(1) shall be received within the time specified. If the report is not timely submitted, any notified party shall be deemed to have waived his or her right to any further review or bearing as provided herein and the alarm business and alarm subscriber or the proprietor alarm owner operating the alarm system generating the false alarms will be assessed pursuant to division (B)(5) of this section.
(3) If the report required by division (B)(1) is submitted, the Police Chief or his or her designee shall review the specific defenses, if any, set forth in the report to the initial determination of false alarms. If it is determined that a valid defense to the initial determination of false alarm has been accepted, a notice will be sent to all notified parties that no assessment will be made at that time. The notice shall specifically set forth the findings and conclusions of the Police Chief with respect to the review of the report submitted.
(4) If the Police Chief or his or her designee determines that a defense to the initial determination of false alarms has not been alleged or accepted, a notice shall be sent by mail to both the alarm subscriber and alarm business or the proprietor alarm owner that they will be assessed pursuant to division (B)(5) of this section. The notice of decision shall contain the specific findings and conclusions of the Police Chief with respect to the review of the report submitted.
(5) Assessments imposed pursuant to divisions (B)(2) and (B)(4) of this section shall be as follows:
(a) For the first false alarm within a 180 day consecutive day period which is subject to assessment hereunder, the amount of $100.
(b) For each subsequent false alarm occurring within the same 180 day period referred to in division (B)(5)(a) of this section, $150.
(C) The alarm subscriber and the alarm business shall, except as provided in § 92.31, be jointly and severally responsible for the payment of assessments imposed upon their alarm system.
(Ord. 456-07, passed 9-4-2007)