CHAPTER 98: ALARM SYSTEMS
Section
   98.01   Alarm systems to be properly installed and maintained
   98.02   Notice of faulty or improperly maintained system
   98.03   Fine for false alarm after notice; right of appeal
   98.04   Unpaid fines a lien on premises
§ 98.01 ALARM SYSTEMS TO BE PROPERLY INSTALLED AND MAINTAINED.
   All persons, businesses, or agencies having police and/or fire alarm systems shall properly install and maintain said alarm systems so to prevent the occurrence of false alarms due to either equipment failure or failure to properly maintain the alarm system.
(Ord. 0-89-011, passed 8-28-89; Am. Ord. 0-2012-009, passed 6-11-12; Am. Ord. 0-2016-015, passed 9-26-16)
§ 98.02 NOTICE OF FAULTY OR IMPROPERLY MAINTAINED SYSTEM.
   The Fire Chief in the case of fire alarm systems and the Police Chief in the case of police alarm systems shall notify by mail any business maintaining a police and/or fire alarm system that is faulty or improperly maintained and said business so notified shall within fifteen (15) days correct any impropriety or failure in the system and notify the Fire Chief or Police Chief as the case may be of a completion of the repairs within fifteen (15) days. The Fire Chief or Police Chief may, at their discretion, extend the time in which to make necessary repairs upon showing of reasonable necessity for an extension. The Fire and Police Chief shall keep a record of all persons so notified pursuant to this section.
(Ord. 0-89-011, passed 8-28-89; Am. Ord. 0-2012-009, passed 6-11-12)
§ 98.03 FINE FOR FALSE ALARM AFTER NOTICE; RIGHT OF APPEAL.
   (A)   (1)   Any business or commercial business alarm user whose alarm system generates false alarm dispatches in a one (1) year period from the date of the first notice letter sent regarding a false alarm dispatch may be assessed a civil penalty as determined by the following schedule:
      (2)   Any business or commercial business alarm user whose alarm system dispatches a call and the responder to the alarm fails to respond within thirty (30) minutes may be considered a false alarm and the party will be assessed an additional fifty dollar ($50.00) fine on top of the assessed civil penalties as outlined below. This fee will apply for each occurrence.
 
Number of False Alarm Dispatches
Civil Penalty if Appealed to Pikeville City Commission
Civil Penalty (10% discount if paid within seven days)
1 - 2
Notice letter
Notice letter
3 - 7
$100 each
$90 each
8 - 12
$200 each
$180 each
Over 12
$300 each
$270 each
 
      (3)   Any business assessed a civil penalty may pay the civil penalty within seven (7) days from the date of issuance and receive a ten percent (10%) discount or request a hearing, in writing, regarding such penalty to the City Clerk. If the person fails to respond to the citation within seven (7) days as referenced above, the business owner or operator shall be deemed to have waived the right to a hearing. In this event, the police or fire chief shall enter a final order determining that the violation was committed and impose the civil penalty. This section shall apply to all false alarm dispatched except for those that are in response to a hold-up alarm.
      (4)   Exceptions. This section shall exclude non-profit intuitions that are mandated to have alarm systems for the purpose of public safety to include daycares, nursing homes, schools, government agencies, hospitals, etc. These facilities shall not be subject to violations nor penalties resulting from false alarms nor any home or building occupied as a residence.
   (B)   (1)   Any hold-up alarm user whose hold-up alarm generates more than one (1) unintentional false alarm dispatch within a one (1) year period, may be assessed a civil penalty as determined by the following schedule:
 
Number of False Hold-Ups
Civil Penalty if Appealed to Code Enforcement Board
Civil Penalty (10% discount if paid within seven days)
1
Notice letter
Notice letter
2 - 4
$250 each
$225 each
5 - 9
$500 each
$450 each
10 and above
$1,000 each
$900 each
 
      (2)   Any business assessed a civil penalty may pay the civil penalty within seven (7) days from the date of issuance and receive a ten percent (10%) discount or request a hearing, in writing, regarding such penalty to the City Clerk. If the person fails to respond to the citation within seven (7) days as referenced above, the business owner or operator shall be deemed to have waived the right to a hearing. In this event, the Police Chief shall enter a final order determining that the violation was committed and impose the civil penalty.
   (C)   If a business or commercial business alarm user is assessed a civil penalty hereunder and the alarm user does not have the current alarm user registration (key holder) information on file with the alarm company or city police, then the Hearing Officer shall double the civil penalty as set out herein.
(Ord. 0-89-011, passed 8-28-89; Am. Ord. 0-2009-04, passed 2-9-09; Am. Ord. 0-2012--009, passed 6-11-12; Am. Ord. 0-2016-015, passed 9-26-16; Am. Ord. O-2018-12, passed 7-23-18)
§ 98.04 UNPAID FINES A LIEN ON PREMISES.
   All fines assessed pursuant to § 98.03 remaining unpaid after thirty (30) days may become a lien upon the premise where the false fire alarm occurred upon the filing of a notice of lien by the city in the Pike County Court Clerk’s Office. The City Manager shall have the discretion to void any penalty and or charge of any violation upon review that may occur pursuant to this chapter upon its review.
(Ord. 0-89-011, passed 8-28-89; Am. Ord. 0-2012-009, passed 6-11-12; Am. Ord. 0-2016-015, passed 9-26-16)