(a) For the purpose of this section, the words and phrases described in this section shall have the following definitions:
(1) “Owner” means the person, business, corporation or other legal entity having or maintaining a burglary, robbery and/or fire alarm on any premises owned and/or occupied by him.
(2) “Alarm” means a device or system which will attract the attention of the public or alert the Fire Department or Police Department that a person or building is having an emergency with a burglary, robbery or fire, and needs assistance.
(3) “False alarms” means the activation of an alarm when there is no emergency, attempted or forced entry, or risk from fire, heat or smoke.
(4) “Valid alarm” means the activation of an alarm when there is an emergency, attempted or forced entry, or risk from fire, heat or smoke.
(5) “Audible-local alarm” means an alarm that, when activated, emits a loud audible tone at or near the protected area.
(6) “Silent-remote alarm” means an alarm that, when activated, does not emit an audible, local indication, but transmits a silent signal to a remotely located monitoring station.
(7) “Response” shall be deemed to have occurred when any member of the Police Department or Fire Department is dispatched to the premises as a result of the activation of the alarm.
(8) “Automatic dialing device” means a device or system which, upon activation of the alarm, automatically interconnects the alarm to a telephone system, thereby utilizing the telephone system to select a predetermined telephone number for the purpose of transmitting a recorded emergency message of a voice or coded signal indicating a need for emergency response.
(b) (1) Any person, business, corporation or other legal entity having or maintaining a burglary, robbery or fire alarm in the City must have an emergency response card on file with the Police Department and Fire Department. The card must contain the information as determined by the Fire and Police Chiefs.
(2) The Police Department and Fire Department shall maintain a record of all responses to false alarms.
(c) The owner of an alarm system shall use due care to ensure that the sensory mechanisms used in connection with alarms or automatic dialing devices, if applicable, shall be adjusted to suppress false signals so that alarms will not be activated by impulses due to transient pressure changes, short flashes of light, normal room temperature changes, wind noises, rattling or vibrating doors or windows, vehicular noises or other causes unrelated to genuine signals. Due care is defined as care that is just, proper and sufficient, so far as the circumstances demand it.
(d) Every audible local alarm shall be equipped with an automatic cut-off and reset device, or shall be capable of being silenced manually by the owner or his representative within a reasonable time after activation.
(e) No person shall use any alarm system which is equipped with an automatic dialing device and which, when activated, automatically dials any telephone within the Police Department.
(f) (1) Response to a premises at which no more than five false alarms have occurred within any calendar year shall be referred to as a “first response.” No fee shall be imposed for a first response.
(2) When six or more false alarms have occurred at any premises in any calendar year, the owner shall be liable to the City for a fee to compensate the City for the costs of response. The fee for the cost of such response shall be as set forth in Chapter 208 of the Administration Code - the General Fee Schedule.
(g) The Chief of Police shall notify the Finance Department of the amount of any fee to be collected. It shall be the responsibility of the Department to collect all fees.
(h) (1) Any person subject to the imposition of a response fee under this section shall have a right to a hearing with the Police Captain.
(2) The request for a hearing must be made in writing and filed with the Police Captain within fifteen days of the date of the notice of response fee.
(3) If the Police Captain determines that the false alarms were due to causes beyond the control of the owner or his employees, representatives or agents, and that reasonable steps have been taken to correct the problem, the fee may be suspended in whole or in part. The Police Captain shall keep a written report of the hearing, including a statement of reasons for the action taken.
(4) If the cost of the response is not paid in 30 days from the date of notice, a late fee penalty shall be set forth in Chapter 208 of the Administration Code. Also if the cost of the response is not paid within 60 days of the notice then it will be sent to collections.
(i) This chapter shall not be construed to apply to the City Administrator, members of the Police Department or Fire Department, or other persons duly authorized to activate an alarm when such may be deemed proper.
(j) EDITOR’S NOTE: This subsection was repealed by Ord. 2007-23, passed May 10, 2007.
(Ord. 89-39. Passed 8-24-89; Ord. 91-63. Passed 12-12-91; Ord. 94-59. Passed 11-22-94; Ord. 2007-23. Passed 5-10-07; Ord. 2010-8. Passed 4-8-10.)