(A) A false alarm is defined as:
(1) Initiating or circulating a report or warning of an alleged fire, explosion, crime or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or fear; or
(2) Knowingly causing a false alarm of fire or other emergency to be transmitted to or within any public or private organization; or
(3) Reporting to any law enforcement agency an alleged offense or other incident within their concern, knowing that such offense did not occur; or
(4) Negligently causing by means of an electronic or other type of alarm a response by police or fire personnel when a risk of physical harm to persons or property does not exist; or
(5) Allowing an alarm to be activated due to the lack of proper maintenance or otherwise activated by mechanical failure, malfunction and/or improper installation after being notified in writing that at least two false alarms have been received or recorded by the police or fire department from said alarm system.
(B) This section does not apply in the following situations:
(1) The alarm system is being tested, repaired or adjusted in any way that would cause the system to activate an alarm, and notice has been communicated to the police and/or fire department prior to the alarm being activated; or
(2) The false alarm occurs during the first 30 days of an alarm system being installed, or the first 30 days of any occupancy of a premises with a pre-existing alarm system; or
(3) The false alarm occurs as a result of a weather condition or other natural act or circumstance; or
(4) Due to a power outage or related to equipment or the actions of persons other than the alarm users or owners, their employees or family members, i.e., telephone/utility repairmen, auto accident power outage, other personnel outside the responsibility of the alarm user, or any other condition which activates the alarm and is beyond the control of the alarm user; or
(5) To any person conducting an authorized fire or emergency drill for which the police and/or fire department are notified.
(C) Whoever violates division (A)(1), (A)(2), or (A)(3) above is guilty of a misdemeanor of the first degree. Whoever violates (A)(4) or (A)(5) above is shall be given a written warning notice on the first, and second violations during a 12 calendar month period that occur on two separate days with one year following the first violation; but on the third and subsequent violations that occur during a 12 calendar month period on separate days during that one-year period, the violator is guilty of a minor misdemeanor civil violation and shall be assessed a $50 service charge. Only one assessment will be charged against any one alarm location during each 24-hour period (i.e. multiple false alarm drops during a 24-hour period commencing with the first alarm drop shall only be recorded as one false alarm for purposes of this section).
(D) With respect to the civil violation charge assessed pursuant to division (C) of this section, that charge may be waived by either the police or fire chief if either determines, in their discretion, that unique circumstances exist to warrant a waiver.
(E) This section does not apply to government buildings.
(Ord. 64-1973, passed 1-7-74; Am. Ord. 08-1990, passed 4-16-90; Am. Ord. 05-2008, passed 2-4-08) Penalty, see § 130.99