§ 132.03 FALSE ALARM.
   (A)   Third false alarms.
      (1)   If within any calendar year, the Police or Fire Departments responds to 3 false alarms (burglar and or fire alarms, respectfully) at the same premises or location, the Chief of Police or Fire Chief, as appropriate, shall send a notice to the alarm user informing him or her of the false alarm(s) and encouraging the prevention of future false alarms.
      (2)   The written notice will also advise the alarm user that the fifth and subsequent false alarms will result in a $100 civil monetary penalty.
   (B)   Fifth and subsequent false alarms.
      (1)   If within any calendar year, the Police or Fire Departments responds to a fifth or subsequent false alarms at the same premises or location, the alarm user shall be subject to a civil penalty of $100 for any like alarm(s).
      (2)   Provided, after the fourth false alarm only, the civil penalty may be waived by the Chief of Police or Fire Chief or their designee upon written evidence from a person or company licensed by the North Carolina Alarm Systems Licensing Board certifying that the false alarm was caused by electronic or mechanical malfunction of the alarm system and that the alarm system has been repaired.
   (C)   False alarm with seven days of installation. Any false alarms occurring within 7 days of installation of a new alarm system for which a permit has been issued shall not be considered false alarms for the purposes of the assessment of civil penalties.
   (D)   Continuing alarms.
      (1)   An alarm user or his or her representative shall reset an alarm when notified by the Police Department or communications center that the alarm has been activated.
      (2)   All audible alarms, with the exception of fire alarms which require a manual reset, shall be equipped with an automatic reset device that will reset and cease to sound the alarm after no more than 30 minutes of continuous activation.
      (3)   When any alarm activates continuously for a period of 60 minutes from the time a town official initially responded to the alarm due to the failure of the alarm user or his or her representative to reset the alarm, it shall be deemed a false alarm and each subsequent 60 minute period or portion thereof that the alarm continues to be activated shall be considered a separate false alarm.
      (4)   The alarm user shall be subject to a civil penalty for the continuing alarm at a flat rate of $10 for each false alarm as defined herein, not to exceed $100 for any 24-hour period.
      (5)   The absence of direct notice to the alarm user or his or her representative of the activation shall not constitute a defense to these fees if the Police Department, Fire Department or communications center is not reasonably able to contact the person due to the failure of the alarm user to conform to the provisions of this section.
   (E)   Fees subject to change. All fees and/or civil penalties referred to in this section shall be subject to change as approved by the Liberty Town Council and listed in the most current updates of the Liberty Fee Schedule.
(Ord. passed 10-24-2005)