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A. The penalty for a false alarm is a civil infraction, and the alarm system user shall be penalized by a service fee to the city according to the following schedule:
1. First false alarm in a calendar year: Warning;
2. Second false alarm: Fifty dollars ($50.00);
3. Third false alarm: Seventy five dollars ($75.00);
4. Fourth and subsequent false alarms: One hundred dollars ($100.00).
B. All service fees assessed under this chapter shall be paid to the city within thirty (30) days of the date that notice of the assessment of the service fee is mailed to the alarm user. If any service fee is not paid within the time set forth above, a thirty five dollar ($35.00) late fee shall be assessed for each month thereafter that the fee remains unpaid.
C. The city may use all available legal remedies to collect delinquent service fees and late penalties. If the delinquent service fee is owed by a business, payment of the fee and late penalties may be required prior to the renewal of the alarm user's business or alcoholic beverage license.
D. An alarm permit shall be suspended for any failure by the alarm user to pay any service fee and applicable late penalties imposed pursuant to this chapter within one hundred twenty (120) days of the date that notice of the assessment of the service fee is mailed to the alarm user. The chief of police, may also suspend any alarm permit if the director determines that the alarm system in question has a history of unreliability, which unreliability shall be presumed upon the occurrence of five (5) false alarms within a ninety (90) day period.
E. A suspension for unreliability may be lifted upon a showing that the conditions which caused the false alarms have been corrected. An alarm user whose alarm permit is suspended by the city shall pay a reinstatement fee of fifty dollars ($50.00) to the city before such permit shall be reinstated.
F. It shall be unlawful and the basis for revocation of an alarm monitoring system company's business license to knowingly provide services to an alarm user who has been ordered disconnected from service pursuant to the provisions of this section.
G. Any person who uses, maintains, operates or is in control of any operational alarm system in the city while the alarm permit for such alarm system is suspended shall be guilty of a class C misdemeanor.
H. To discourage false alarms, the department of public safety shall adopt a process of providing written notice to an alarm user who has more than one false alarm in a calendar year of the consequences of excessive false alarms, the need to take corrective action, and the prospect that four (4) false alarms in a six (6) month period may result in the department disregarding any future alarms from the premises unless independent information that verifies the need for an immediate police response is provided.
I. Prior to determining not to respond to a premises, the chief of police shall provide written notice to the user that:
1. Four (4) false alarms have been received from the property within a six (6) month period;
2. The remedies authorized in this chapter as noted above are to be instituted;
3. The alarm system user may request a hearing before the chief and explain why the chief should not take the proposed action;
4. If no hearing is requested, the department will after ten (10) days from the delivery of the notice disregard alarms from the premises unless there is an in person call or other independent information that verifies the need for an immediate police response; and
5. A requirement of an in person communication or other verification shall remain in effect until notified otherwise. (Ord. 2003-9, 7-1-2003)