(A) Assessment. Alarm users shall be assessed a false alarm service fee for false alarms as specified below:
(1) For each false alarm in excess of three in the preceding 12 months.
(a) Burglary: $50 per each false activation.
(b) Robbery/panic/disturbance: $75 per each false activation.
(2) For each false alarm in excess of eight in the preceding 12 months.
(a) Burglary: $100 per each false activation.
(b) Robbery/panic/disturbance: $125 per each false activation.
(B) False alarm exemption. If a permittee presents sufficient proof that a particular false alarm falls into one of the following categories, said alarm shall not be counted against the permittee in determining whether the permittee's alarm system actuated excessive false alarms:
(1) False alarms which the permittee can demonstrate were proximately caused by violent acts of nature;
(2) False alarms which the permittee can demonstrate were actually caused by the act of some person other than:
(a) The permittee. For the purpose of this subsection, the term "permittee" includes officers, agents, employees, independent contractors, and any other person subject to the direct or indirect control of the permittee;
(b) The person who installed, connected, operated, maintained or serviced the alarm system;
(c) The manufacturer of the alarm system, including the manufacturer's officers, agents, employees, independent contractors and any other persons subject to the direct or indirect control of the manufacturer.
(C) Users who possess proof that a particular alarm meets the requirements for false alarm exemption under subsection (B) of this section shall present such proof to the alarm inspector within 20 days of the event resulting in said alarm.
(D) Payment of fee. A false alarm service fee invoice shall be mailed to the alarm user immediately following the assessment of the fee. Fees are due and owing not later than 10 days after the date of mailing the invoice. The date of mailing shall appear on the invoice.
(E) Reversal of false alarm service fee. Notwithstanding the provisions of § 3-10.48 of this chapter, any person aggrieved by the assessment of a false alarm service fee may make a written request to the Chief of Police to reverse the false alarm service fee assessment.
(F) Request for reversal. Requests for reversal of the false alarm service fee assessment shall be personally delivered or mailed to the Chief of Police within five days of the date of mailing the assessment invoice. The request shall include the reason(s) for requesting the reversal and shall be accompanied by a crime report or crime report number that supports the requester's position that the false alarm service fee should be reversed.
(G) Effect of request. The timely receipt of a proper request for reversal shall result in a stay of the assessment until a decision has been reached on the request. If the request is denied, the fee shall be payable immediately upon notification of the denial. Said denial shall also tell the time period in which an appeal shall be filed with the city clerk.
(Ord. 761 C.S., passed 10-15-03; Am. Ord. 771 C.S., passed 8-4-04)