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(A) No person, whether or not an alarm subscriber, shall maintain, operate, use or attempt to use, an alarm system which generates more than two (2) false alarms in a calendar year.
(B) Any alarm system maintained, operated, used or attempted to be used, in violation of this Chapter shall be deemed a public nuisance. In addition to reimbursement or any other remedy available to the City, the City may impose a penalty fee for each and every false alarm after the two (2) within the calendar year as determined by following the schedule below:
3rd false alarm within the calendar year
4th false alarm within the calendar year
5th false alarm within the calendar year
6 and more within the calendar year
(C) Where the alarm system is deemed a public nuisance as provided in this Chapter, the alarm officer shall provide the alarm subscriber written notice informing the alarm subscriber of the penalty status and the finding of public nuisance.
1. The alarm subscriber may request the alarm officer to review and reconsider the determination of public nuisance by submitting a written request to the alarm officer within ten (10) days upon receipt of the notice of penalty status and nuisance. Failure to submit a written request in compliance with this Section is deemed a waiver of any and all rights to appeal.
2. The alarm officer shall review the determination and send the alarm subscriber his findings as to whether the alarm system is a public nuisance in writing to the alarm subscriber by certified mailing within fifteen (15) days.
(E) Appeal: The alarm subscriber may request a hearing before the City Council after filing a notice for hearing in writing to the City Clerk no later than ten (10) days upon receipt of the alarm officer's finding of public nuisance. Any finding by the City Council is appealable to the District Court of the Fifth Judicial District provided filing and fees are submitted in accordance to Idaho law. (Ord. 2463, 11-7-94, eff. 1-1-95)