(a) For purposes of this section, the following definitions shall apply:
(1) “Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an unauthorized entry, robbery, medical and/or fire emergency, or any other activity requiring urgent attention and to which the Police Department or Fire Department is expected to respond. “Alarm system” does not include any self contained or battery operated alarm devices such as smoke and carbon monoxide detectors.
(2) “Alarm user” means any person, firm, partnership, association, corporation, company or organization which owns, occupies or has any kind of control over any building, structure or facility wherein an alarm system is maintained.
(3) “False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation, carelessness or negligence of the owner or lessee of an alarm system or of his employees or agents. “False alarm” does not include any activation caused by a factor not within the control of the alarm user or by force majeure.
(b) Upon the occurrence of a first false alarm within a single calendar year, the Chief of Police/Service Director shall notify the alarm user by regular mail or hand delivery of the receipt of the first false alarm and instruct the alarm user to service the alarm system or properly instruct employees, agents or residents in its proper use and function. Upon receipt of a second false alarm within a single calendar year, the Chief of Police/Service Director shall notify the alarm user by regular mail or hand delivery of the receipt of the second false alarm, with a warning that further false alarms will result in the imposition of a fine.
(c) No alarm user, who has been notified in accordance with subsection (b) hereof that the alarm system of a particular structure, building or facility has emitted two false alarms within a single calendar year, shall permit any future false alarms to be emitted during the calendar year. Each additional false alarm in a calendar year after two false alarms shall be a separate and distinct offense.
(d) Whoever violates subsection (c) may be fined in the following manner and ordered to correct the source of the recurring false alarms:
(1) Up to one hundred dollars ($100.00) for each false alarm from the third to the sixth false alarm in a single calendar year.
(2) Up to two hundred fifty dollars ($250.00) for each false alarm for the seventh and each successive false alarm in a single calendar year.
(Ord. 2001-2. Passed 3-26-01.)