755.13 FALSE ALARMS.
If the Safety-Service Director's Designee records three (3) or more false alarms from any alarm premises within one year, the following procedure shall be followed:
(a) The Safety-Service Director's Designee shall notify by regular, U.S. mail the alarm user or subscriber which has received three (3) false alarms on its record within one year, citing the location and date of each false alarm. Such notice shall include a statement that an accumulation of a fourth false alarm within one year will result in the imposition of an administrative fee of forty dollars ($40.00) upon alarm subscribers or alarm users. For each additional false alarm recorded within one-year fees will be imposed according to the schedules in subsection 755.13
(3)(A). These fees shall be in addition to any criminal penalties imposed by this Ordinance.
(b) The Safety-Service Director's Designee shall notify by regular, U.S. mail any alarm businesses which has received three (3) false alarms on its record within one year, citing the location and date of each false alarm. Such notice shall include a statement that an accumulation of a fourth false alarm within one year will result in the imposition of an administrative fee of two hundred dollars ($200.00). This includes: an alarm business employee who fails to put the system on test; an alarm business that provides an incorrect address; or causing a false alarm to be activated in any way that violates this ordinance. In any of these situations the false alarm will not be counted against the alarm user.
Such notices shall include a statement for each additional false alarm recorded within one-year fees will be imposed according to the schedules in subsection (c) Schedule B. These fees shall be in addition to any criminal penalties imposed by this chapter.
(c) Alarm users, subscribers, or businesses will be subject to fines for violations of Section 755.13
, depending on the number of false alarms within a twelve (12)-month period, based upon the following schedule A for alarm users or subscribers and schedule B for alarm businesses.
Schedule A: Alarm Users
Occurrences within one year | Fee |
False Alarms one (1) through three (3) | $0 |
False Alarms four (4) through eight (8) | $40.00 |
False Alarms nine (9) or more | $65.00 |
Schedule B:
Occurrences within one year | Fee |
False Alarms one (1) through three (3) | $0 |
False Alarms four (4) through eight (8) | $200.00 |
False Alarms nine (9) or more | $350.00 |
(d) The Safety-Service Director's Designee shall notify the offending party by regular, U.S. mail of the imposition of the administrative fee(s) after the fourth and subsequent false alarms within one year for residential users, and for alarm businesses. The subscriber, alarm user, or alarm business may request, in writing, a hearing within ten (10) days receipt of the notice. If no hearing is requested, the administrative fee is due thirty (30) days from the date of the notice.
(e) If a hearing is requested, written notice of the time and place of the hearing shall be served on the Offending Party by the Safety-Service Director's Designee by regular, U.S. mail at least ten (10) days prior to the date set for the hearing.
(f) The hearing shall be before the Safety-Service Director. The Safety-Service Director's Designee, the subscriber, the alarm user, or the alarm business shall have the right to present written and oral evidence on their behalf. The Safety-Service Director shall determine in writing, if the administrative fee will be assessed or be waived. If assessed, the administrative fee is due within thirty (30) days of the date of the Director's decision. Non-payment of fees may be cause for revocation of the alarm license or permit.
(g) An alarm user, subscriber, or alarm business may immediately be ordered to discontinue use of an alarm system by order of the Safety-Service Director upon being notified by regular U.S. mail of the revocation of a permit or license subject to approval by the Chief of the Mansfield Fire Department for Fire alarms or the Chief of the Mansfield Police Department for any other type of alarm suspension.
(h) A revoked user's permit shall be obtained from the Safety-Service Director's Designee by updating the original application containing the information as provided herein, and pay a fee as follows:
(1) First revoked user's permit within one year $75.00
(2) Second revoked user's permit within one year $175.00
(3) Third and each additional revoked user's permit
within one year $275.00
Included with the updated application shall be a statement of certification from the user and/or the user's repair company, certifying that the previous cause of the false alarm problem has been corrected.
(i) The alarm business shall be issued a fine of one hundred dollars ($100.00) if the Safety-Service Director's Designee determines that an alarm business employee knowingly made a false statement concerning the inspection of an alarm site or the performance of an alarm system.
(j) Notice of the right of Appeal under this chapter will be included with any fines. Alarm business appeals of fines should follow the same appellate procedure as defined for users and subscribers in this Section.
(k) Suspension of Response and Revocation of License or Permit.
(1) When an alarm user or subscriber, has two hundred and fifty dollars ($250.00) or more in delinquent fees outstanding, or an alarm business has one thousand ($1,000) or more in delinquent fees outstanding, the City, by order of the Safety-Service Director, shall have the option to revoke the permit of the alarm user, subscriber, or the license of an alarm business. Any further requests for a police or fire response to the activation of an alarm system may be suspended. Any suspension would require approval from the Chief of the Mansfield Fire Department, and or the Chief of the Mansfield Police Department subject to approval by the Safety-Service Director.
(2) When an alarm user or subscriber fails to remit payment of fines imposed by any violation of any part of this chapter or section within ninety (90) days of receiving notice of said violation, the City, by order of the Safety-Service Director's Designee, shall have the option to revoke the permit of the alarm user, subscriber, or the license of an alarm business. Any further requests for a police or fire response to the activation of an alarm system may be suspended by order of the Safety-Service Director. Any suspension would require approval from the Chief of the Mansfield Fire Department, and or the Chief of the Mansfield Police Department subject to approval by the Safety-Service Director.
(Ord. 21-146. Passed 9-7-21.)