(A) For the purpose of this section,
FALSE ALARM shall mean an alarm signal which necessitates a response by the Police or Fire Department where an emergency situation does not exist.
(B) On the occurrence of a false alarm a warning shall be issued or a fine shall be imposed according to the following criteria:
(1) If no false alarm has previously occurred at the premises, the City Manager shall cause a warning letter to be sent by regular U.S. mail to the owner of the premises or to the party who has declared responsibility for the alarm. The letter shall advise the recipient that additional false alarms within a one-year period from the date of the indicated false alarm will result in the imposition of the penalties hereinafter set forth.
(2) If a second false alarm occurs within one year of the false alarm indicated in the letter, a second letter shall be sent.
(3) If a third false alarm occurs within one year of the first false alarm, the owner of the property shall be fined the sum of $25 for each offense. If a fourth or subsequent false alarm occurs within said year and the alarm is a device designed for the detection of an unauthorized entry, or for alerting others of the commission of an unlawful act, the owner of the property shall be fined the sum of $25 for each offense.
(4) If a fourth false alarm occurs and the alarm is a device designed for the detection of fire, and if, as the result thereof, fire personnel respond to the site, the owner of the property shall be fined the sum of $50.
(5) If a fifth and subsequent false alarms occur and the alarm is a device designed for the detection of fire, and if, as the result thereof, fire personnel respond to the site, the owner of the property shall be fined the sum of $100.
(6) At the expiration of one year from the date of the first false alarm the false alarms record for any building or premises shall be concluded and any subsequent false alarm shall be recorded as a first false alarm to which the procedures and penalties provided in this section shall apply.
(C) Fines shall not be imposed on the record owner of the property when a false alarm occurs and any of the following prevail:
(1) The alarm is being tested and notice to such effect has been communicated to the emergency unit which would normally respond to the alarm.
(2) The false alarm occurs during the first 30 days of operation of an alarm system or during the first 30 days of occupancy of a premises with a preexisting alarm system.
(3) The false alarm occurs as the result of a natural disaster or act of God.
(4) The false alarm occurs as the result of a power outage or malfunction that results from work undertaken by the electric or telephone companies or the cable TV franchisee.
(5) The registration of the alarm contains a signed statement that the applicant will be responsible for the alarm system, in which case the applicant shall be fined in lieu of the registered owner if he or she can be found in the municipality.
(Ord. 8-1979, passed 5-2-79; Am. Ord. 10-1981, passed 5-6-81; Am. Ord. 30-1983, passed 11-2-83)