§ 132.11 EXCESSIVE FALSE ALARMS.
   (A)   For purposes of this section, the following definitions shall apply:
      ALARM SYSTEM. Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an unauthorized entry, robbery, medical or fire emergency, or any other activity requiring urgent attention and to which the Police Division and/or Fire Division are expected to respond. ALARM SYSTEM shall include any system monitored by a central alarm monitoring station, automatic dialer or any other device that reports alarm activation to the Police Department, Sheriff’s Department or Fire Department and to which the Police Department and/or Fire Department are expected to respond.
      FALSE ALARM. The activation of an alarm system through mechanical failure, malfunction, improper installation, carelessness or negligence of the owner, occupant or lessee of an alarm system or of his employees or agent.
         (a)   FALSE ALARMS (initiation of an actual response to facility or residence, including cancelled en route) include:
            1.   Negligently or accidentally activated signals.
            2.   Signals which are the result of faulty, malfunctioning or improperly installed, secured or maintained equipment.
            3.   Signals which are the result of improperly, installed, secured or maintained windows or doors or similar general areas of the building.
            4.   Signals or calls which are purposely activated to summon the Police Department and/or Fire Department in non-emergency situations.
            5.   Signals being activated by persons working on the alarm system without prior notice to the Police Department and/or Fire Department,
         (b)   FALSE ALARM (no response to facility or residence) does not include:
            1.   Signals which result from storm conditions or other acts of God.
            2.   Alarms triggered by a criminal act or attempt to commit a criminal act when there is actual physical evidence at the scene of the alarm suggesting an abandoned or a completed effort to commit a crime.
            3.   Signals being activated by persons working on the alarm system with prior notice to the Police Department and/or Fire Department;
            4.   Signals activated willfully by alarm users upon good faith belief, as determined by the Police and/or Fire Chief of the department, that an actual or attempted crime or other emergency has or is about to occur.
   (B)   In order to defray the costs incurred in responding to multiple false alarms within the jurisdiction of the Police or Fire Divisions, including those areas contracted with the city by another public entity, the following shall apply:
      (1)   (a)   When multiple false alarms are received within a two-month period, beginning on the date upon which the first false alarm occurs, from the same commercial or residential security/fire alarm system, the following charges shall apply:
 
Number of False Alarm Calls
Within a two month period
Charge
0-2 false alarm calls
No charge
Third false alarm call
$350
Fourth false alarm call
$450
Fifth false alarm call and each call thereafter
$500
 
         (b)   Alarms received by both divisions at the same time shall count as an individual alarm for each division and shall not be counted collectively.
      (2)   Fire Department response. When the Fire Department responds to an alarm that has been caused by the use of the fire suppression system for purposes other than that for which it was intended, by the owner, occupant or lessee of an alarm system or of his or her employees or agent, the charge shall be equal to that of a third false alarm.
      (3)   Extenuating circumstances. The Fire and/or Police Chief of the responding department, at his or her discretion, may deem the alarm not countable against the number of false alarms, due to extenuating or uncontrollable circumstances.
      (4)   Notice to Finance Department. The Chief of the Police and/or Fire Department(s) will notify the Finance Department when the department has received more than two false alarms from a facility or residence. The following information will be furnished:
         (a)   Name and address of facility or residence.
         (b)   Notice of how many false alarms have been received with dates and times.
         (c)   Copy of A&I or fire report for each occurrence of false alarm.
      (5)   Finance Department. The Finance Department or an authorized agent shall mail to the manager of the commercial establishment from which such false alarm is emitted, or to the owner, occupant, lessee, agent, or tenant of the residence from which such false alarm is emitted, a bill for any of the above charges. If payment of the bill is not received within 30 days from receipt, the Finance Department or authorized agent shall send a notice by regular mail to the manager and to the owner, if different, of the real estate of which the commercial establishment is a part, or to the occupant, lessee, agent, or tenant and to the owner, if different, of the real estate of which the residence is a part, indicating that failure to pay the bill within 30 days, or to show just cause to the Police Chief and/or Fire Chief, as to why the alarm was not false or defective so that the bill should not be paid, will result in collection in a manner authorized by law.
(Ord. 16-2003, passed 5-28-03)