§ 94.999 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.999 of this code of ordinances.
   (B)   (1)   Operating an alarm system without a permit. It shall be a violation to operate, in the city, an alarm system without permit, per §§ 94.001 through 94.018. Upon such citation, the fine shall be $100.
      (2)   False alarms.
         (a)   Any permit holder that receives four or more citations for false alarms within a calendar year shall be assessed a fine of $50 for the fourth and each subsequent citation. Any permit holder that receives seven or more citations for false alarms within a calendar year shall be assessed a fine of $100 for the seventh and each subsequent citation. This shall not preclude revocation of the alarm permit as provided herein.
         (b)   Any fine not paid within 14 days of the date shown on the notice of violation and fine required under division (D)(2) below shall be increased by a late fee of $25.
         (c)   Failure to pay a fine within 30 days of the date shown on the notice of violation and fine required under division (D)(2) below shall result in an enforcement action being filed in county court.
         (d)   The provisions of this division (B) shall not apply for the first three months after an alarm system is initially installed. No false alarm violations received during these first three months shall result in a fine, nor shall they be taken into consideration when tabulating the number of false alarms received in any given period.
         (e)   An alarm triggered by electrical thunderstorms or inclement weather shall not be considered a false alarm.
(Prior Code, § 120.13)
   (C)   The permit holder of any regulated alarm system which causes a false alarm while using any prohibited alarm system components, per § 94.013, shall be fined $100.
(Prior Code, § 120.14)
   (D)   (1)   Upon the third citation, per § 94.015, the Department of Law shall deliver to the permit holder by first class mail a notice that the permit holder will be subject a fine of $50 upon the occurrence of each subsequent (fourth or more) false alarm within said 12-month period.
      (2)   Upon the fourth and each subsequent citation within a calendar year, the Department of Law shall deliver to the permit holder by first class mail a notice violation and fine. Said notice shall contain the following:
         (a)   The number of violations for which the permit holder has received a citation during the current calendar year;
         (b)   The fine being assessed and time- frame within which said fine must be paid;
         (c)   Notice that upon the seventh citation within the current calendar year, the permit holder shall be fined $100 for the seventh and each subsequent citation, and may be subject to revocation of the alarm system permit; and
         (d)   A copy of §§ 94.001 through 94.018.
      (3)   Upon the seventh or any subsequent citation within a calendar year, the Department of Law may deliver to the permit holder by personal service or certified mail a notice of intent to revoke the alarm system permit to the alarm permit holder. When such notice is sent, the Department of Law shall also schedule a hearing before the city’s Board of Public Works and Safety to determine whether the permit for that alarm system should be revoked. Notice of the hearing date shall be given to the permit holder, along with information that the permit holder may appear at the permit revocation hearing with counsel and witnesses and may present evidence on the permit holder’s behalf.
      (4)   The Board of Public Works and Safety shall conduct a hearing no less than 21 days after notice is sent to the permit holder. The Board of Public Works and Safety shall hold such permit revocation hearing, under oath, and shall consider the evidence presented before it. If the Board finds, by a preponderance of the evidence, that seven or more false alarms have resulted from an alarm system within any calendar year, the permit for that system may be revoked. Notice of the revocation shall be delivered to the system holder by personal service or certified mail and the revocation becomes effective immediately upon such delivery.
      (5)   An alarm holder whose permit has been revoked may petition the Board of Public Works and Safety for reinstatement of the alarm permit upon a showing that the alarm system has been inspected, repaired and tested. If the Board finds satisfactory evidence that the alarm system has been adequately inspected, repaired and tested, the Board may reinstate the alarm permit upon the submission of a $25 reinstatement fee by the alarm holder.
(Prior Code, § 120.16)
   (E)   Per §§ 94.030 and 94.031, the fourth and each subsequent false fire alarm within a calendar year shall result in a fine of $100. The provisions of §§ 94.030 and 94.031 shall not apply for the first three months after an alarm system is initially installed. No false alarm violations received during these first three months shall result in a fine, nor shall they be taken into consideration when tabulating the number of false alarms received in any given period.
(Prior Code, § 120.22)
(Ord. 47-1985, passed - -1985; Ord. 10-2000, passed - -2000)