868.08 FALSE ALARMS.
   (a)   Whenever any Municipal officer or employee responds to an alarm which is determined by the City to be a false alarm, the subscriber and/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)   Residential Alarm Response.
         A.   A fee of fifty dollars ($50.00) for every false alarm from a residential premise to which the Police Department responds over three (3) false alarms for the same premise in a calendar year.
         B.   A fee of fifty dollars ($50.00) for every false alarm from a residential premise to which the Fire Department responds over three (3) false alarms for the same premise in a calendar year.
      (2)   Non-residential Alarm Response.
         A.   A fee of one hundred dollars ($100.00) for every false alarm from a non-residential premise for which the Police Department responds over two (2) false alarms for the same premise in a calendar year.
         B.   A fee of two hundred fifty dollars ($250.00) for every false alarm from a non-residential premise for which the Fire Department responds over two (2) false alarms for the same premise in a calendar year.
   (b)   Whenever the Building Commissioner, Police Chief, or Fire Chief finds it necessary to conduct an inspection to determine whether a false alarm for which a fee is due under subsection (a) hereof was caused by the alarm system equipment or the method or means of installation, maintenance, or servicing of such alarm system, the alarm agent and/or alarm business providing such work or services shall be charged and pay to the City an alarm inspection fee of one hundred dollars ($100.00).
   (c)   Each fee due under this section shall be paid within thirty days after the date of mailing of an invoice. Failure to pay any fee due within such time period shall constitute good cause for cancellation of any license or permit issued under this chapter to the person obligated to pay such fee.
   (d)   The occurrence of four or more false alarms at a premises in any calendar year shall constitute good cause for cancellation of any license or permit issued under this chapter to the subscriber and/or the alarm agent and/or alarm business of such alarm system.
   (e)   The cancellation of any license or permit or the imposition of any fee set out in this Section 868.08 may be appealed to the Director of Public Safety by filing a notice of appeal within thirty (30) days of the date of mailing of a notice by the appropriate City official.
   The Director of Public Safety shall have the authority to affirm, overrule, or modify, in whole or in part, any decision made pursuant to this Section 868.08.
   In rendering any decision on appeal, the Director of Public Safety shall consider the following:
      (1)   Were any of the false alarms due to an alarm malfunction as that term is defined in Section 868.02(c);
      (2)   Were any of the false alarms due to circumstances beyond the control of the licensee or subscriber;
      (3)   Would the disconnection cause an unreasonable risk of harm to the licensee, subscriber, or its property;
      (4)   The financial ability of the licensee or subscriber to pay the fee imposed; and
      (5)   Any other factor the Director of Public Safety believes to be relevant under the circumstances of the situation.
         (Ord. 2001-66. Passed 5-21-01.)