A. Response To Alarms:
1. Whenever an alarm is activated in the city, thereby requiring an emergency response to the location by the police department and the police department does respond, the police department personnel on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was in fact required as indicated by the alarm system or whether the alarm system was a false alarm.
2. If the police department personnel at the scene of the activated alarm system determines the alarm to be false, said officers shall make a report of the false alarm, a notification of which shall be mailed or delivered to the alarm user at the address of said alarm system installation location, advising the alarm user of the false alarm.
3. When an alarm has been activated at a business or private residence and the police respond, the owner or his representative shall be present at such location after being requested to do so. Response by the subscriber will be as soon as possible but shall not exceed one hour from time of request.
4. The chief of police or his designee shall have the right to inspect any alarm system on the premises to which a response has been made, and he may cause an inspection of such system to be made at any reasonable time thereafter. (Ord. 1078, 1-22-1990)
B. Excessive False Alarms And Fee Assessment:
1. If any alarm system produces three (3) false alarms in any calendar year, the chief of the police department shall provide written notice of the fact, which shall be given by certified mail or delivery to the subscriber to take corrective action in regard to false alarms and informing subscriber of the false alarm fee schedule provided herein.
2. Subscribers installing a new system or making substantial modifications to an existing system shall be entitled to a grace period during which alarms generated by such system shall be deemed nonfalse alarms. The grace period shall cease thirty (30) days after installation of or modification to the alarm system.
3. Upon any alarm system producing a fourth, fifth, sixth, seventh, eighth, ninth, or tenth false alarm in a calendar year, a fee of one hundred dollars ($100.00) per false alarm shall be charged to the subscriber. The following fee schedule shall be used for each additional false alarm:
a. Eleventh, twelfth, thirteenth, and fourteenth false alarms in a calendar year, a fee of two hundred dollars ($200.00) per false alarm shall be assessed.
b. Fifteen (15) or more false alarms in a calendar year, a fee of three hundred fifty dollars ($350.00) per false alarm shall be assessed.
All fees assessed must be paid to the city, or a written appeal must be submitted as hereinafter provided.
4. Any alarm user with a direct connection to the DuPage public safety communications center (Du-Comm) who has had fifteen (15) or more false alarms requiring response by the police department in a calendar year or who refuses to pay the fee assessed in subsection B3 of this section may, at the order of the chief of police, have the alarm equipment disconnected from the DuPage public safety communications center (Du-Comm). Prior to disconnection, the police department shall provide written notice, by certified mail, to the alarm user. All costs or fees resulting from said disconnection of alarm equipment shall be the sole and express responsibility of the alarm user. (Ord. 2328, 9-5-2006, eff. 1-1-2007)
C. Appeal Process For False Alarms:
1. Informal Hearing: Each alarm user shall be entitled to an informal hearing with the chief of police or his designee for each false alarm in excess of three (3). At the informal hearing, the alarm user may offer evidence that the alarm activation for which he is charged was not a false alarm. The informal hearing shall be requested in writing, by registered or certified mail directed to the chief of police, within seven (7) days after the mailing of the statement of charges for the false alarm. (Ord. 1928, 8-20-2001, eff. 1-1-2002; amd. Ord. 2328, 9-5-2006, eff. 1-1-2007)
2. Formal Hearing: In the event that the alarm user does not request an informal hearing or in the event that the alarm user is dissatisfied with the chief of police's recommendations, the alarm user shall be entitled to a formal hearing before the city administrator or his designee. The formal hearing must be requested within seven (7) days after the mailing of the statement of charges for the false alarm or within seven (7) days of the mailing of the notice of disconnection from Du-Comm (if no informal hearing is requested) or within seven (7) days after the mailing of the police chief's recommendation (if an informal hearing was requested). The alarm user shall request the formal hearing in writing by certified or registered mail, directed to the city administrator.
a. The appellant shall be given reasonable notice of such hearing, and failure of the appellant to appear at such hearing shall, if applicable, result in a final decision being rendered against the appellant.
b. The city administrator or his designee shall serve as hearing officer, and the burden of proof shall be upon the appellant to show by a preponderance of the evidence that the alarm signal in question was not a false alarm.
c. After receipt of all relevant evidence, the hearing officer shall, within three (3) days, render his decision. If the hearing officer determines that the appellant has met the burden of proof, then he shall rescind the false alarm determination. If the hearing officer determines that the appellant has not met the burden of proof, then he shall enter such alarm as a false alarm and order such relief as may be appropriate under this section.
d. All decisions made pursuant to this subsection C2 are final. (Ord. 1928, 8-20-2001, eff. 1-1-2002)