(a) For purposes of this section, the following definitions shall apply:
(1) “Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an unauthorized entry, robbery, medical and/or fire emergency, or any other activity requiring urgent attention and to which the Police Department or Fire Department is expected to respond. “Alarm system” does not include any self contained or battery operated alarm devices such as smoke and carbon monoxide detectors.
(2) “Alarm user” means any person, firm, partnership, association, corporation, company or organization which owns, occupies or has any kind of control over any building, structure or facility wherein an alarm system is maintained.
(3) “False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation, carelessness or negligence of the owner or lessee of an alarm system or of his employees or agents. “False alarm” does not include any activation caused by a factor not within the control of the alarm user or by force majeure.
(b) No alarm user, who has been notified in accordance with subsection (c) hereof that the alarm system of a particular structure, building or facility has emitted two false alarms within a single calendar year, shall permit any further false alarms to be emitted during the calendar year.
(c) Upon the occurrence of a first false alarm within a single calendar year, the Safety- Service Director shall notify the alarm user by regular mail or hand delivery of the receipt of the first false alarm and instruct the alarm user to service the alarm system. Upon receipt of a second false alarm within a single calendar year, the Safety-Service Director shall notify the alarm user by regular mail or hand delivery of the receipt of the second false alarm and instruct the alarm user to service the alarm system with a warning that further false alarms will result in the imposition of a fine. Upon receipt of either notice, the alarm user shall service the alarm system and take all necessary action to correct the alarm system’s tendency to emit false alarms. It shall be an affirmative defense to a charge under this section that, following receipt of either of the notices set forth in this subsection or following the occurrence of any false alarm subsequent to the third false alarm within a single calendar year, the alarm user had the false signal emitting alarm system serviced by a qualified and reputable alarm service company or technician and the company or technician identifies in writing the source of the problem and certifies that it has been addressed and repaired.
(d) Whoever violates subsection (b) hereof shall be fined in the following manner and ordered to correct the source of the recurring false alarms:
(1) Fifty dollars ($50.00) for each false alarm from the third to the sixth false alarm in a single calendar year;
(2) One hundred dollars ($100.00) for the seventh and each successive false alarm in a single calendar year.
(Ord. 18-1998. Passed 11-2-98.)