(A) Whenever an alarm is activated in the city and responded thereto by city police and/or fire department personnel, a law enforcement officer and/or fire official on the scene of the activated alarm system shall inspect the premises protected by the system and shall determine whether the city’s response was due to a false alarm. In making such determination, the investigating official shall presume that the alarm was a false alarm when:
(1) In the case of a fire alarm, there is no sign or physical evidence of a fire; provided, however, that the purposeful or accidental activation of a fire alarm by a third party who is neither an employee or agent of the alarm user shall not be deemed to be a false alarm for purposes of this chapter; or
(2) In the case of other alarm system activation, there is no sign or physical evidence of an unauthorized entry or an attempted unauthorized entry, or no real or perceived threat of a hold-up or robbery.
(B) If the law enforcement officer and/or fire official at the scene determines that the alarm is false, a false alarm report shall be prepared by the law enforcement officer or firefighter at the scene and forwarded to the alarm coordinator. Such report shall include the date and location of the false alarm, and the circumstances whereby the determination has been made that it was a false alarm. The alarm coordinator shall forward the false alarm report to the alarm user together with a warning that the fourth false alarm within the calendar year at the same location will result in the requirement that the alarm user reimburse the city for its expenses incurred in responding to the false alarm in accordance with the provisions hereinafter set forth. The report shall be mailed to the alarm user by first class mail at the address set forth in the registration form or any update made thereto by the alarm user, and the alarm coordinator shall maintain a record reflecting the date of the mailing. If the false alarm is one for which reimbursement must be made in accordance with the provisions set forth below, a billing statement shall be included with the false alarm report.
(C) (1) The city shall maintain records for all false alarms. In the event of the fourth or subsequent false alarms within any calendar year at the same location, the alarm user shall make reimbursement to the city as follows:
(a) In the case of a fire alarm, $250 for the fourth and fifth false alarms, $500 for the sixth and seventh false alarms, and $1,000 for each subsequent false alarm.
(b) In the case of other false alarms, $50 for the fourth and fifth false alarms, $100 for the sixth and seventh false alarms, and $300 for each subsequent false alarm.
(2) False alarm reimbursement shall be made within 30 days of the city’s billing to the alarm user.
(D) An alarm user may appeal the assessment of the reimbursement fee to the alarm coordinator by filing a written request for review setting forth the reasons for the appeal within 30 days of the date of the date of the mailing by the alarm coordinator of the false alarm report. The filing of an appeal shall suspend the due date of the reimbursement fee until the Chief of Police or the Chief of the Fire Department, as the case may be, makes a final decision on the appeal. Such decision shall be in writing and mailed by first class mail to the alarm user at the address set forth in the registration form or any update made thereto by the alarm user. The alarm coordinator shall maintain a record reflecting the date of the mailing, and the false alarm reimbursement shall be made within thirty days of the mailing of such decision.
(Ord. 12-07, passed 3-13-12)