(a) For purposes of this section, the following definitions shall apply:
(1) “Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an unauthorized entry, robbery, medical and/or other emergency, or any other activity requiring urgent attention and to which the Police Division or Fire Division is expected to respond.
(2) A. “False alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation, carelessness or negligence of the owner or lessee of an alarm system or of his employees or agent.
B. “False alarm” does not include:
1. An alarm triggered by an act of God; or
2. An alarm 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.
(b) After the Police or Fire Division has responded to a combined total of three false alarms resulting from the malfunction of the same commercial or residential security alarm system within the same calendar year, the Department of Finance 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 twenty-five dollars ($25.00) for each subsequent false alarm from the same alarm system during that year, in order to defray costs incurred in responding to such false alarms. If payment of the bill is not received within thirty days from receipt, the Finance Department shall send a notice by certified 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 to pay the bill within thirty days, or to show just cause to the Chief of Police as to why the alarm was not false or defective so that the bill should not be paid, will result in the assessment of a twenty-five dollar ($25.00) of the bill, or if just cause is not shown, the sum of twenty-five dollars ($25.00) shall be entered upon the tax duplicate, shall be a lien upon the real estate from the date of the entry, and shall be collected as other taxes and returned to the General Fund.
(Ord. 51-2002. Passed 10-15-02.)