§ 3-10. Police review and penalties.

(a)

If the police department records two (2) or more false alarms within a consecutive three hundred sixty-five (365) day period:

(1)

The police department shall notify both the alarm subscriber or the proprietor alarm owner by electronic mail or postal mail of the police department's initial notice of assessment of false alarm service fees and of the amount of the assessed service fees. The alarm subscriber or the proprietor alarm owner, within 30 calendar days of the date on the notice, shall pay the assessed fee or may appeal to the police chief by filing a petition with the police chief or his designee. The petition shall contain and explain specific defenses to the assessment. Affirmative defenses to a false alarm service fee assessment alarm may include evidence that a false alarm was caused by an act of God, common cause, action of the telephone company, telephone line outage, power outage lasting longer than the life of a fully charged battery, or other extraordinary circumstances not reasonably subject to control by the alarm business, alarm subscriber or proprietary alarm owner.

(2)

The petition submitted pursuant to subsection (1) of this section shall be received by the police chief or his designee within the time specified. If the petition is not timely submitted, any notified party shall be deemed to have waived his right to any further review or hearing as provided herein and the alarm business and alarm subscriber or the proprietor alarm owner operating the alarm system generating the false alarms will be assessed pursuant to paragraph (5) of this subsection.

(3)

If the petition pursuant to subsection (1) of this section is submitted, the police chief or his designee shall review the specific defenses, if any, set forth in the petition to the initial determination of false alarms. If it is determined that a valid defense to the initial determination of false alarm has been accepted, a notice will be sent by electronic mail or postal mail to all notified parties that no assessment will be made for that particular alarm. The notice shall specifically set forth the findings and conclusions of the police chief or his designee with respect to the review of the petition submitted.

(4)

If the police chief or his designee determines that a defense to the initial determination of false alarms has not been alleged or accepted, a notice shall be sent by electronic mail or postal mail to the alarm subscriber or the proprietor alarm owner that they will be assessed pursuant to paragraph (5) of this subsection. The notice of decision shall contain the specific findings and conclusions of the police chief or his designee with respect to the review of the report submitted.

(5)

Assessments imposed pursuant to subsections (1) and (4) of this section shall be in an amount established by resolution. The alarm subscriber or proprietor alarm owner shall, be responsible for the payment of assessments imposed upon their alarm system.

(b)

Upon final determination of assessment pursuant to this chapter for the second (2) and any subsequent false alarm within a consecutive three hundred sixty-five (365) day period, the responsible party shall tender the fee assessed within thirty (30) days of the date ordered or discontinue operation of the alarm system.

(Ord. No. 2993, § 1, 6-14-16)