§ 92.07  SERVICE CHARGE ASSESSMENT FOR FALSE ALARMS AND REINSTATEMENT OF ALARM USER PERMITS.
   (A)   Excessive false alarms.  It is hereby found and determined that three or more false alarms within any 12-month period is excessive and constitutes a public nuisance. Only one false alarm per calendar day will be assessed for each permitted alarm system, upon finding of common cause. COMMON CAUSE is defined as a technical difficulty or malfunction causing the system to generate a series of false alarms, all of which occurs within a calendar day. The series of false alarms shall be counted as one false alarm only if the cause of the series of alarms is repaired before generating additional false alarms during the next 24-hour calendar day.
   (B)   Civil penalties.
      (1)   The third through fifth false alarms within any 12-month period will be billed a service charge as set forth in the fee schedule per occurrence which shall be considered a bill owed by the alarm user to the city and may be collected from the alarm user as a civil penalty. Each service charge incurred for false alarms at the premises shall be paid within 30 days from the date of receipt of the invoice. Failure can result in discontinuance of police response.
      (2)   When scheduled, the Police Department’s alarm systems coordinator shall provide an educational program for prevention of false alarms. Each alarm system user (subscriber/proprietor owner) successfully completing the program shall receive a certificate, issued by the Police Department. The one-time certificate may be used to satisfy the requirements in lieu of paying the service fee as set forth in the fee schedule imposed upon an alarm user for an assessed third or fourth or fifth false alarm. The certificate is valid for one year from date of completion of program and is not transferable.
   (C)   Permit year.  For the purposes of this section, a permit year is a 12-month period beginning on the date of the permit’s issuance.
   (D)   Discontinuance of police/fire response.  The failure of an alarm user to make payment of any service charge imposed under this section within 30 days from the date of receipt of invoice can result in discontinuance of police/fire response to alarms that may occur at the premises described in the alarm user’s permit until payment is received.
      (1)   With exception to police receiving a separate indication that there is a crime or incident in progress at the premises, requiring a police response, such as holdup alarm, panic alarm, duress alarm or other alarm indicating an authorized person(s) is on the premises and intentionally activating the alarm to cause a police response; and
      (2)   With exception a person reporting a “working fire” or “fire/smoke showing,” requiring a Fire Department response.
   (E)   Responsibility to pay service fees or penalties.  Responsibility to pay service fees or penalties subject to this section shall be the responsibility of the alarm subscriber or alarm user, jointly and severally. The owner of a proprietor alarm shall be solely responsible.
   (F)   Unregistered alarm.  Upon determining an unregistered alarm to be false pursuant to this chapter, the owner/user shall receive a one-time warning for failure to register the system as required. Subsequent determinations of a system at the same site, not being registered as required, shall cause a penalty fee as set forth in the fee schedule to be assessed per occurrence.
(Prior Code, § 10-43)  (Ord. O-11-02, passed 1-9-2003)  Penalty, see § 92.99