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(A) Hearings: No alarm system permit shall be suspended or revoked under this section until a hearing shall have been held by the chief of police, or a designated representative. Written notice of the time and place of such hearing shall be served upon the permittee, and upon the person who renders service or repairs to the permittee's alarm system as designated on the permittee's application, at least ten (10) days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for suspending or revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by depositing the same in the U.S. mail in a sealed envelope postage prepaid, addressed to such person to be notified at the address shown on the permit application.
(B) Grounds: The following shall constitute the exclusive grounds for suspension or revocation of an alarm system permit:
1. The violation of any of the provisions of this chapter.
2. Where an alarm system actuates excessive false alarms. An alarm system shall be deemed to actuate excessive false alarms where there are three (3) false alarms within thirty (30) consecutive days, five (5) false alarms within ninety (90) consecutive days or six (6) false alarms within one hundred eighty (180) consecutive days. If a permittee presents sufficient proof that a particular false alarm was caused by an event or act specified in subsections (A) and (B) of the definition of "false alarm" in section 6-14-2 of this chapter, said false alarm shall not be counted against the permittee in determining whether the permittee's alarm system actuated excessive false alarms.
(a) If the chief of police or designated representative, determines that an alarm system has generated excessive false alarms, the permittee responsible for such alarm system shall have his permit suspended for fifteen (15) days. On the sixteenth day following such a suspension, the suspended permit shall be restored by operation of law.
(b) If the chief of police, or designated representative, determines that an alarm system has generated excessive false alarms, and if he further finds that the permittee responsible for such alarm system has had his permit suspended during the twelve (12) months prior to the date on which the hearing is held, the permittee shall have his permit revoked.
3. The violation of any condition imposed by the chief of police upon an alarm system permit issued in accordance with section 6-14-12 of this chapter.
(C) Appeals: Any permit holder aggrieved by the decision of the issuing authority in suspending or revoking an alarm system permit may appeal such decision to the city council.
Notice of appeal shall be filed in writing with the city clerk not later than ten (10) days after said suspension or revocation. During the pendency of said appeal to the council the permit shall remain in effect.
The city shall either conduct a hearing on said appeal or refer said appeal to a hearing officer who shall conduct the hearing within thirty (30) days of the filing of said appeal. (Ord. 1243, 11-25-1980)
1. Notwithstanding the foregoing provisions, after the police department has recorded two (2) false alarms in any quarter of any calendar year, generated by any alarm user permit holder, the permit holder and the alarm company maintaining the alarm annunciator panel at the communication center shall be notified either by personal delivery or first class mail that police response to any further false alarms will result in a charge for each such response.
2. The response to a second or subsequent false alarm by any alarm user not possessing a valid permit as required by this chapter and, after said user has been once warned/advised by letter or citation of the permit requirements and no permit having still been issued shall result in a charge for each such response.
3. The fee for police response as provided herein shall be set by resolution of the city council. (Ord. 1300, 5-25-1982)