A. The village shall determine and assess penalties for false alarms or malfunctions in accordance with the following provisions:
1. Definition: The term "twelve (12) month period", as used in this subsection, shall mean the twelve (12) months beginning on January 1 and ending on December 31 of any one year.
2. False Alarms; Permit Holders Liable:
a. For the first four (4) false alarms in a twelve (12) month period, a written warning notice will be given to the permit holder. A similar warning notice will be given to the property owner of the premises, its tenant, and/or the person in control of the premises. (1988 Code § 7-5-10)
b. For the fifth false alarm in a twelve (12) month period, a penalty as set out in section 1-12-3 of this code, under the category "alarm fees", will be assessed against the permit holder.
c. For the sixth false alarm in a twelve (12) month period, a penalty as set out in section 1-12-3 of this code, under the category "alarm fees", will be assessed against the permit holder.
d. For the seventh false alarm in a twelve (12) month period, a penalty as set out in section 1-12-3 of this code, under the category "alarm fees", will be assessed against the permit holder.
e. For the eighth false alarm in a twelve (12) month period, a penalty as set out in section 1-12-3 of this code, under the category "alarm fees", will be assessed against the permit holder.
f. For the ninth false alarm in a twelve (12) month period, a penalty as set out in section 1-12-3 of this code, under the category "alarm fees", will be assessed against the permit holder.
g. For every false alarm over nine (9) in a twelve (12) month period, a penalty as set out in section 1-12-3 of this code, under the category "alarm fees", will be assessed against the permit holder. (1988 Code § 7-5-10; amd. 2009 Code)
3. Property Owner Or Occupant Liability: In addition thereto, the property owner of the premises, its tenant or person in control shall also be subject to the respective penalties set forth in subsection A1 of this section.
4. Malfunction, Excused Alarm: In any instance where an alarm malfunctions, and the permit owner, property owner of the premises, tenant or person in control has the same repaired, and the repair facility certifies that the cause of the malfunction has been corrected, said alarm shall be considered an excused alarm and not a false alarm.
5. Continuous Ringing: The permit of any directly connected alarm system that malfunctions and rings for a period of two (2) or more hours shall be subject to suspension or revocation.
6. Penalty: Any person who fails to secure or maintain a current alarm system permit for an alarm system located within the village, or an alarm system which causes an alarm to be received by the police or fire department of the village shall be subject to a fine in the amount of twenty five dollars ($25.00) for the first violation thereof, and fifty dollars ($50.00) for the second and subsequent violations thereafter within any twelve (12) month period. Each day that an alarm is not registered after notice of the second violation thereof shall constitute a separate offense for which a separate and additional penalty may be recovered. All penalties shall be paid within ten (10) days after written notice. (1988 Code § 7-5-10)
B. Any person who violates any of the provisions of this chapter, for which a specific fine is not otherwise prescribed, shall, upon conviction thereof, be fined in the amount of not less than fifty dollars ($50.00) nor more than the maximum provided in section 1-4-1 of this code. (1988 Code § 7-5-12; amd. 2009 Code)
C. No penalty shall be assessed for any false alarm caused by contractors working in or near premises where the alarm is located. (1988 Code § 7-5-11)