701.05 FALSE ALARMS PROHIBITED; FEES.
   (a)   No person shall intentionally activate an alarm system for any purpose other than an emergency of the kind for which the alarm system was designated to give notice. However, it shall be an affirmative defense to prosecution under this section that the alarm system was sounded solely for the purpose of testing the alarm and the person who tested the alarm took reasonable precautions, as determined by the Alarm Administrator, to avoid any request being made to the Fire or Police Department to respond to such alarm.
   (b)   Each false alarm response shall constitute a separate false alarm. Any response to a false alarm to a City address by another agency because of mutual aid or automatic response agreements shall constitute a false alarm.
   (c)   Whenever any City officer or employee responds to an alarm which is determined by the City to be a false alarm, the permit holder, occupant in control of the premises and/or owner of the premises where such alarm system is maintained shall be charged and shall pay to the City a false alarm response fee as follows:
      (1)   User Permit Alarm System, Medical Alarm System or Fire Alarm System as required by Building Code.
         A.   The first three (3) false alarms will not be charged.
         B.   The fourth (4th), fifth (5th) and sixth (6th) false alarm will be billed at fifty dollars ($50.00) each.
         C.   The seventh (7th) false alarm and those thereafter will be billed at seventy-five dollars ($75.00) each.
      (2)   Non-User Permit Alarm System.
         A.   For the first false alarm the user will receive a notice to obtain an Alarm User Permit for the alarm system.
         B.   The second (2nd) and third (3rd) false alarm will be billed at seventy-five dollars ($75.00) each and the user will receive a notice to obtain an Alarm User Permit for the alarm system.
         C.   The fourth (4th) false alarm and those thereafter will be billed at one hundred dollars ($100.00) each and the user will receive a notice to obtain an Alarm User Permit for the alarm system.
   (d)   Notwithstanding the fee to be assessed as set forth above, there shall be no charge for a false alarm to which there is no response by the Fire or Police Department, or when the cause has been proven to be an alarm malfunction as defined within this Chapter.
   (e)   If any of the fees for false alarms imposed herein are not paid upon receipt of the invoice for the same, or within thirty (30) days thereafter, such fees shall be referred to the Law Director for filing in civil court.
(Ord. 24-14. Passed 6-9-14.)