(a) The enforcing agency must collect an alarm response fee from the alarm user for false alarms from the user's alarm system in a calendar year, unless the enforcing agency excuses the false alarm for good cause. The Executive must establish in regulations adopted under method (2):
(1) whether an alarm system may produce a certain number of false alarms during a calendar year before alarm response fees apply; and
(2) the conditions under which the enforcing agency will excuse a false alarm, including an alarm signal caused by severe weather.
A false alarm excused by the enforcing agency under paragraph (2) does not count toward any fee or sanction under this Chapter for a later false alarm.
(b) The Executive must set alarm response fees by regulation adopted under method (2). The Executive may set lower alarm response fees for residential alarm users than the corresponding fees for nonresidential alarm users. The alarm response fee must increase for larger numbers of false alarms from an alarm user's alarm system. In addition to any other fee required under this Chapter, the regulation may impose a special fee for any police response to a false alarm from an unregistered alarm system, including a system whose registration has expired.
(c) The Executive must establish procedures in regulations adopted under method (2) for an alarm business to request a police response to an alarm signal, including procedures to verify an alarm signal before requesting a police response. The regulations must prohibit the alarm business from requesting a police response until a specified number of days after the alarm user registers the alarm system under Section 3A-3, unless the enforcing agency waives this prohibition because of an imminent danger to people or property. An alarm business must comply with these procedures when the business requests a police response to an alarm signal. The Police Department may refuse to respond if the alarm business does not follow these procedures.
(d) An alarm user may recover an alarm response fee from the alarm business that sold, installed, or monitored the user's alarm system if the false alarm is the result of:
(1) faulty, defective, or malfunctioning equipment supplied by the alarm business;
(2) improper installation or maintenance by the alarm business; or
(3) improper monitoring by the alarm business. (1989 L.M.C., ch. 6, § 1; CY 1991 L.M.C., ch. 7, § 1; 1993 L.M.C., ch. 14, § 1; 1997 L.M.C., ch. 29, §1; 2002 L.M.C., ch. 33, § 1.)
Note—Formerly, § 3A-3.