(1) When an alarm system generates a false alarm in any calendar year, the alarm administrator shall issue a warning notice to the alarm user and the alarm company providing service for that alarm system informing them that subsequent false alarms within the same calendar year may subject the alarm user to civil fine. Unless otherwise specified herein, the provisions of chapter 2B of the Code of Ordinances shall apply to all civil enforcement.
(2) Any alarm system that has four (4) or more false alarms in any calendar year shall subject the alarm user to a maximum civil fine, which must be issued in the form of the citation specified in section 2B-6 of the Code of Ordinances, as follows:
Violation | Maximum Civil Fine |
Fourth | $25.00 |
Fifth | 60.00 |
Sixth | 125.00 |
Seventh | 200.00 |
Eighth | 250.00 |
Ninth | 300.00 |
If the alarm user does not contest the citation issued for a false alarm, then the civil fine shall be in the amount of the citation.
(3) The alarm administrator may suspend the permit for any alarm system that has five (5) or more false alarms in any calendar year and shall revoke the permit for any alarm system that has ten (10) or more false alarms in any calendar year. The suspension period shall be for a period of up to sixty (60) days and the revocation period shall be for a period of up to one (1) year.
(4) The alarm administrator may suspend or revoke a license and/or a permit if the alarm company fails to arrange for the alarm user or other responsible party to go to the premises of an activated alarm, as required by subsection 13-72.2(3)(j), or if the alarm user fails to respond or make arrangements for a responsible party to respond to the alarm site, as required by subsection 13-73.3(3).
(5) It shall be an affirmative defense to a false alarm civil fine that the false alarm was caused by an act of God, common cause, action of a telephone company, telephone line outage, power outage lasting more that the life of a fully charged battery, and other extraordinary circumstances not reasonably subject to control by the alarm business or alarm user.
(6) Alarm users shall have the option of attending the alarm user awareness class approved or created by the alarm administrator in lieu of paying one (1) civil fine. An alarm system user who elects to attend an alarm user awareness class shall not be eligible to attend the alarm user awareness class more than once and must notify the alarm administrator in writing of the decision to take the class prior to the deadline for filing an appeal.
(7) Any person operating an alarm system without the required license or permit or while the required license or permit is suspended or revoked shall be subject to an additional civil fine of one hundred dollars ($100.00) for each false alarm, which shall be issued in the form of the citation specified in section 2B-6 of the Code of Ordinances.
(8) If cancellation occurs before the responding local law enforcement agency arrives at the alarm site the alarm will not be considered a false alarm and no warning notice or citation will be issued.
(9) The civil fines imposed against an alarm user in subsection (2) above may be imposed against the alarm company if the alarm administrator determines that the alarm company did not verify a false alarm. A warning notice will not be issued and a civil fine will not be assessed against an alarm user if an alarm company is assessed a civil fine for failing to verify a false alarm.
(Ord. No. 209-85, § 5, 10-17-85; Ord. No. 56-2005, § 12, 3-10-05; Ord. No. 221-2016 , § 11, 12-6-16)