§ 96.05 PROBLEMATIC SYSTEMS.
   (A)   For the purposes of this chapter, a FALSE ALARM is an alarm that is not sounded as a result of a real or perceived emergency and includes false alarms sounded due to human error or equipment malfunctions.
   (B)   The Chief of Police will designate an employee to maintain a listing of alarm responses for at least the previous year. The designee will retrieve a report of alarm responses from the Computer Aided Dispatch (CAD) system.
   (C)   Upon determining that a business or facility has caused two false alarms within 12 months, an attempt will be made to contact management of that business or facility to notify them that subsequent false alarms will result in a monetary fine.
   (D)   Whenever any duly authorized law enforcement personnel have responded to two false alarms within any period of 12 calendar months to the same premises in response to any police alarm or police alarm system as provided for herein, the owner or occupant of the real property on which the alarm or alarm system is installed shall pay to the city for each false alarm thereafter the sum of $50 as partial compensation for those costs incurred by the Police Department in responding to the false alarm.
   (E)   If the location has had more than five but less than eight other false alarms in the preceding 12-month period, the fee shall be $75. If the location has had eight or more other false alarms in the preceding 12-month period, the fee shall be $100.
   (F)   The Board of Commissioners may from time to time adjust the dollar amount of the applicable fees set forth herein by resolution.
   (G)   In the event an invoice for payment hereunder is unpaid more than 30 days after the due date, the Chief of Police may order that the central station service shall disconnect the police alarm system from its service upon 20-days- notice to the owner or occupant of the subject property.
   (H)   The Chief of Police may waive charges for any response made within 14 days after initial installation. However, notification is not required to implement the penalty phase of the ordinance.
   (I)   Notifications can be in person, by mail or by telephone and will be documented.
   (J)   Any invoice issued may be appealed first to the Chief of Police then to the Board of Commissioners.
   (K)   The payment of all penalties will be due within 30 days of the invoice. All payments received will be forwarded to the Finance Office on a weekly basis. The Chief of Police will be provided with a monthly summary of all outstanding billings. The city may proceed in any manner authorized by law to collect full payment.
   (L)   The Chief of Police will be responsible for overall monitoring of this alarm ordinance enforcement and will initiate disconnect proceedings and other enforcement provisions in his or her discretion.
   (M)   All provisions of the ordinances of the city in conflict with the provisions of this chapter be and the same are hereby repealed and any provisions not so in conflict shall remain in force and effect.
   (N)   Should any sentence, paragraph, subdivision, clause, phrase or section of this chapter be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this chapter as a whole, or any part or provision hereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the code of ordinances as a whole.
   (O)   Nothing in this chapter is deemed to prevent the city from proceeding under other code enforcement mechanisms and that any person, firm or corporation violating any of the provisions or terms of this chapter may be subject to the same penalty as provided for in the ordinances of the city, as heretofore amended, which may be punished by a fine not to exceed the sum of $200 for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ord. 39, passed 10-4-2018)