(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)