a. All alarm signals to which the fire department responds will be characterized as being either a legitimate alarm or a false alarm after inspection of the alarm site by the responding fire department units.
b. Each of the following events is considered to be a legitimate alarm and is not chargeable to the alarm user:
1. An alarm signal initiated due to proper detection of visible or invisible evidence of combustion; and
2. An alarm signal initiated as a result of weather (lightning, high winds, etc.); and
3. An alarm signal initiated due to a power outage, surge, or damage to phone lines; and
4. An alarm signal initiated as a result of proper functioning flow switch; and
5. Proper cancellation prior to the arrival of any fire department personnel at the location of the alarm site; and
6. Any other event where it is determined by the alarm coordinator that the alarm user could not have reasonably prevented the initiation of the alarm signal.
c. Each of the following events is considered to be a false alarm and is chargeable to the alarm user:
1. An alarm signal from a business accidentally initiated by an employee, owner, cleaning crew or other person legally at the alarm site; and
2. An alarm signal from a residence accidentally initiated by the homeowner, occupant, or person who is legally at the residence; and
3. An alarm signal initiated as a result of improper maintenance or lack of maintenance; and
4. The failure of the alarm user, the alarm user's representative, and the alarm company to accomplish proper cancellation prior to the arrival of any fire department personnel at the location of the alarm site; and
5. An alarm signal initiated as a result of a malfunction in the alarm system; and
6. An alarm signal initiated where no fire exists and that is caused by any condition that could reasonably have been prevented by the alarm user.
d. An alarm user shall be subject to service fees and possible suspension of the alarm permit for an excessive number of false alarms at the alarm site.
1. No service fee will be charged for the first 4 false alarms occurring in a calendar year at an alarm site.
2. Except as provided in Section 40-88 of this article, after the first 4 false alarms at an alarm site in a calendar year, an alarm user shall pay a service fee for each false alarm occurring at the same alarm site during the remainder of the calendar year. The amount of said fee will be set by resolution of the City Council.
3. Upon the determination that 5 or more false alarms have occurred at an alarm site in a calendar year, the alarm coordinator shall make written notice to the alarm user of such fact and of the service fee(s) assessed. The notice shall also state that the alarm user must either appeal, as provided in Section 40-88 of this article, or pay the assessed service fee(s) within thirty (30) days of receipt of the notice. Failure to make timely payment of fees shall result in the alarm permit being revoked.