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If there is reason to believe that an alarm system is not being used or maintained in a manner that insures proper operation and suppresses false alarm, the Chief may require a conference with an alarm permit holder and the individual or association responsible for maintenance of the alarm system to review the circumstances of each false alarm.
(Ord. passed 6-27-94)
(A) The holder of an alarm permit or the person in control of an alarm system shall be subject to warning, fines and suspension or loss of the permit (any alarm owned, operated, or leased by any federal, state, county or local government agency will not be subject to fines) depending on the number of false alarm notifications emitted from an alarm system within a 12-month period from July 1 through June 30.
(B) Number of false alarm notifications; action taken.
(1) For the first two false alarm notifications, no action will be taken.
(2) The activation of three or more false alarms within a 12-month period from July 1 through June 30, will be handled according to the following schedule:
(a) The third false alarm will be billed a $25 service charge which shall be considered a bill owed by the permit holder to the city.
(b) The fourth false alarm will be billed a $50 service charge which shall be considered a bill owed by the permit holder to the city.
1. Each service charge incurred for the third and fourth false alarms at the premises described in the permit holder's permit shall be paid within 30 days from date of receipt thereof. Failure to make payment within 60 days from date of receipt shall result in revocation of the permit holder's permit until payment is received.
(c) The fifth false alarm shall result in a $100 service charge (which includes a $25 reinstatement fee) which shall be considered a bill owed by the permit holder to the city and revocation of the permit holder's permit in the following manner:
1. The permit holder shall be given ten days advance written notification that the permit holder's permit will be revoked, the written notice shall set forth the reasons for such revocation.
2. The notice shall specify the specific date of revocation, and that any response by the Police Department will result in an assessment of $100 to alarms that occur at the premises described in the permit after the date of revocation, in addition to any other fees incurred under this schedule.
3. Reinstatement of the permit will be made upon receipt of all fees owed to the city under this chapter and upon compliance with the following conditions:
a. After the fifth false alarm, the alarm permit holder shall be required to have his alarm system inspected by a licensed and certified installer. Certificate of such inspection will be sent to the Police Department, and a copy of the inspection will be posted on the premises where the alarm system is maintained. The certificate will indicate the date of the inspection and the typed name and signature of the inspector.
b. A letter from the inspector will accompany the certificate, explaining what corrective action was taken to assure against further false alarms, either by repairing the systems, checking for proper installation and/or training the user in the proper use of the system.
(d) The sixth false alarm shall result in a written notification to the permit holder that upon activation of the next false alarm, the permit holder's permit will be revoked. The sixth false alarm will be billed a $150 service charge, which shall be considered a bill owed by the permit holder to the city.
(e) The seventh false alarm shall result in revocation of the permit holder's permit in the manner described in division (B)(c)1. through 3. of this section, except the false alarm will be billed at $200 (which includes a $50 reinstatement fee) and shall be considered a bill owed by the permit holder to the city.
(f) The eighth false alarm will be billed a $350 service charge, which shall be considered a bill owed by the permit holder to the city.
(g) The ninth false alarm shall result in a written notification to the permit holder that upon activation of the next false alarm the permit holder's permit will be revoked. The ninth false alarm will be billed a $400 service charge, which shall be considered a bill owed by the permit holder to the city.
(h) The tenth false alarm and each subsequent false alarm, the permit holder's permit shall be revoked in the manner described in division (B)(c)1. through 3. of this section and also that an inspection of the premises shall be conducted by a representative of the Police Department, along with a representative of the permit holder's alarm company and a representative of the permit holder. The tenth false alarm and each subsequent false alarm will be billed a $500 service charge, which shall be considered a bill owed by the permit holder to the city.
(C) Any person who operates a newly installed system will not be subject to false alarm notifications action during the 30 days following the system completion provided a permit application is received by the Chief. The completion date shall be certified by a person where the system is professionally installed, or the date of the purchase receipt for self-installed systems.
(D) Any person operating a nonpermitted alarm system will be subject to a citation and assessment of a $100 fee for each alarm without benefit of the notifications provided for in this section. Subsequent submittal of an alarm permit application shall have all previously received alarms counted in accumulating the five notification total.
(E) Alarm activations, caused by actual criminal offense or with evidence of a criminal attempt, shall not be counted, nor false alarm notifications accumulated.
(Ord. passed 6-27-94; Am. Ord. passed 1-17-95; Am. Ord. passed 5-4-10)
(A) The Chief may revoke an alarm permit if it is determined that:
(1) There is a false statement of a material matter in the application for a permit.
(3) The permit holder has failed to make payment within 60 days of a fee assessed under § 93.14(B)(2) of this chapter.
(4) Six or more false alarm notifications have been emitted from the alarm site within a 12-month calendar year period.
(B) A person commits an offense if he operates an alarm system during the period in which an alarm permit is revoked.
(Ord. passed 6-27-94) Penalty, see § 10.99
(A) (1) If the Chief denies the issuance or renewal of a permit, or revokes a permit, he shall send written notice of his action and a statement of the right to an appeal by certified mail, return receipt requested, to both the applicant or permit holder and the applicable alarm installing or service company.
(2) The applicant or permit holder may appeal the decision of the Chief to the Alarm Review Board, by filing a written request for a review, setting forth the reasons for the appeal within ten days, after receipt of the notice from the Chief.
(3) Filing of a request for appeal shall stay the action by the Chief of revoking the permit until the Alarm Review Board has completed its review. If a request for appeal is not made within the ten-day period, the action of the Chief is final.
(4) Any review ordered under § 93.13 of this chapter requires the attendance of both permit holder and applicable alarm company.
(5) Any request for any waiver applicable under division (5) of the definition for
ALARM SYSTEM set forth in § 93.02 of this chapter or any request for waiver of fees, or any request for waiver of any false alarm notifications action, must be made to the Alarm Review Board by the permit holder.
(6) The Alarm Review Board shall be the sole authority in the final determination of any waiver request of any kind not specifically exempted elsewhere within this chapter.
(B) Permit holders shall be entitled to a hearing, if requested within 30 days of receipt of notice of a sustained revocation of permit or false alarm notifications action taken. The hearing shall be conducted by an Alarm Review Board.
(C) The Alarm Review Board shall conduct a formal hearing and consider the evidence of any interested persons. The Board shall make their decision on the basis of a preponderance of the evidence presented at the hearing. The Board must render a decision within ten days after the hearing. The Board shall affirm, reverse, or modify the action of the Chief. The decision of the Board is final as to administrative remedies with the city.
(Ord. passed 6-27-94)
A person whose alarm permit has been revoked may be issued a new permit if the person:
(A) Pays or otherwise resolves, all fees assessed against the permit holder under this chapter; and
(B) Upon submission of certification from a professional alarm company, stating that the alarm system has been inspected and maintained by, or with the direct supervision and approval of the alarm company.
(Ord. passed 6-27-94)
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