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(A) The city shall revoke an alarm permit if it is determined that:
(1) There is a false statement of a material matter in the application for a permit; or
(2) The permit holder has failed to pay a service fee assessed within 90 days after a bill for the assessment was issued.
(B) A person commits an offense if he or she operates an alarm system during the period in which the alarm permit is revoked.
(C) The city may refuse police response to any alarm system for which an alarm permit is revoked.
(Ord. 106A, passed 11-16-2000)
(A) If the city refuses to issue or renew a permit or revokes a permit, the city shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of the action and a statement of the right to an appeal.
(B) The applicant or permit holder may appeal a denial, non renewal or revocation of an alarm permit or the assessment of a service fee to the Mayor by filing with the Mayor a written request for a hearing, setting forth the reasons for the appeal within ten days after receipt of the notice of the city’s Police Department action or the bill assessing a service fee. The filing of a request for an appeal hearing with the Mayor stays an action of the City Police Department or the assessment of a service fee until the Mayor or a designated representative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the City Police Department or the assessment of the service fee is final.
(C) The Mayor or a designated representative shall serve as hearing officer at an appeal and consider evidence by an interested person. The formal rules of evidence do not apply at an appeal hearing. The hearing officer shall make a decision on the basis of preponderance of the evidence presented at the hearing. The hearing officer must render a decision within 30 days after the request for an appeal hearing is filed.
(D) The hearing officer shall affirm, reverse or modify the action of the City Police Department or the assessment of the service fee; except, that a hearing officer may not reduce the amount designated for a service fee that is assessed for a false alarm notification determined by the hearing officer to have occurred. The decision of the hearing officer is final as to administrative remedies with the city.
(Ord. 106A, passed 11-16-2000)
A person whose alarm permit has been revoked may be issued a new permit if the person:
(A) Submits an updated permit application and pays a reinstatement fee as set by City Council from time to time;
(B) Pays, or otherwise resolves all citations in Municipal Court issued to persons under this chapter; and
(C) Pays all outstanding service fees assessed under this article for which a bill has been issued, except, that the most recently assessed service fee may be waived by the City Police Department upon submission of certification from an alarm company currently licensed by the state to install or design alarm systems, stating that the alarm systems has been inspected and maintained by or with direct supervision and approval of the alarm company.
(Ord. 106A, passed 11-16-2000)
(A) A financial institution required to have an alarm system pursuant to the provisions of the Bank Protection Act of 1968 (12 U.S.C. §§ 1882 et seq.) may install with the permission of the city a signal line directly to the City Police Department for the purpose of reporting burglaries and robberies.
(1) If such an arrangement is made, all other requirements of this chapter must be met. The financial institutions shall execute a letter of agreement with the city permitting the installation of all necessary equipment on an indicator panel monitored in the communications division of the Police Department.
(2) The installation must be accomplished at the institution expense.
(B) The financial institution shall pay an annual fee, as set by City Council from time to time, for each indicator, the Chief or designated person shall have the right, at reasonable times and upon oral notice, to inspect the alarm system at the alarm site and require necessary repairs or improvements. If the City Police Department finds that the alarm system continually fails to operate properly or be operated properly, the city may terminate the privileged to have equipment and indicators in the communications center of the Police Department and require prompt removal of the equipment at the expense of the financial institution.
(C) The financial institution, at its expense, shall make arrangements to provide service for the alarm system at the request of the financial institution or the City Police Department on a 24-hour basis, seven days a week. In no event may the city become liable for charges for repairs and maintenance.
(D) The financial institution may cancel its agreement with the city at any time by giving the city written notice through the city and its own expense, move its equipment and indicators from the monitor panel in the communications center.
(E) The City Police Department may require any change, modernization or consolidation of alarm signaling equipment that the City Police Department deems advisable. In no event may the city or City Police Department become liable for charges for these changes.
(Ord. 106A, passed 11-16-2000)
(A) A person commits an offense if he or she violates by commission or omission any provision of this chapter that imposes upon him or her a duty or responsibility.
(B) A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued or permitted and each offense is punishable by a fine of not more than the maximum amount permitted by state law, for each offense.
(C) In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this chapter to hold a corporation, partnership or other association criminally responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership or other association and within the scope of employment.
(Ord. 106A, passed 11-16-2000)