(a) Fees. Notwithstanding any penalties provided for in the event of a conviction for a violation of this chapter, and notwithstanding the fact that a prosecution for a violation of this chapter has or has not been commenced, in order to defray the cost of responding to false alarms, the owner or lessee of an alarm system described in this chapter may be required to pay to the Village the sum of fifty dollars ($50.00) for the second occasion that the alarm system is activated and responded to by the Police or Fire Departments within one calendar year, and one hundred dollars ($100 00) for each additional occasion within the same calendar year, in any of the following cases:
(1) No evidence of illegal entry or an attempt thereof;
(2) No evidence of fire;
(3) A malfunction in the system;
(4) Activated by mistake;
(5) Activated by persons working on the alarm system, where the Police and/or Fire Departments were not previously notified.
(b) Exceptions. Notwithstanding anything herein to the contrary, no owner or lessee shall be in violation of this chapter or required to pay the costs required in division (a) of this section in the following cases:.
(1) On the first occasion of a false alarm during any one calendar year, but in any case the owner or lessee shall be advised in writing of said false alarm and of the existence of this chapter.
(2) In the case of any false alarm activated by severe weather or other violent conditions (distinguished from an alarm malfunction, light or moderate precipitation or wind) beyond the control of the owner or lessee of an alarm system.
(3) In the case of the first false alarm during the six-month period following installation of a new alarm or upgrade of an existing alarm and upon proper notice to the Police or Fire Departments of such installation or change.
(4) If the alarm is set off by someone other than the person residing at a house, or a member of the resident's immediate family, or by someone other than an on-site employee of the business where the alarm occurred.
(5) If cancellation of the alarm occurs prior to Police or Fire Department arrival at the scene.
(Ord. 135. Passed 7-11-88; Ord. 2001-06. Passed 11-12-01.)