Chapter 9.30 — FALSE POLICE ALARMS

The following definitions apply to this Chapter:

A. “Alarm System” shall mean any device designed for the detection and/or apprehension of persons effecting unauthorized entry and/or attempted entry into any premises, or for alerting emergency services entities of the commission of an unlawful act or requirement for emergency service, which device, when actuated, emits a sound beyond the business premises or residential unit or dwelling protected by such device or transmits a signal or message to another location. It also means combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signal in the event of fire or system activation.

B. “Emergency Services Entities” means the City Police Department and/or Fire Department.

C. “False Alarm” shall mean an activated alarm or alarm signal from any alarm which is responded to within the City by the City’s emergency services entity or entities, but for which no emergency situation exists or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer. “False alarm” shall not include those alarms activated by extraordinary meteorological, atmospheric or other conditions or means as determined by said emergency services entity or entities.

D. “Fiscal Year” shall mean the period from and including July 1 of any year to and including June 30 of the following year.

E. “Person” shall mean individual, partnership, corporation or other entity.

A service charge which is established by resolution of the City Council in order to defray costs incurred in providing law enforcement services in response to a false alarm shall be paid to the City, by each person who possesses premises, for each third and subsequent emergency services entity response made to those premises generated by a false alarm during any fiscal year.

Where practical difficulties make it impossible or extremely difficult to comply with this Chapter, the City Manager or his authorized representative may issue a waiver of any service charge to be billed, subject to such terms and conditions as he may deem necessary to protect the public health and safety so that the spirit of this Chapter shall be observed, the public health and safety secured and substantial justice done.

The alarm service charge shall be a civil debt owing the City from the owner, occupant or person in possession, charge or control of the location of the alarm unit. If an invoice for the service charge is unpaid sixty (60) days after mailing, a penalty of ten percent (10%) shall be charged, and an additional one and one-half percent (1-1/2%) per month shall be charged until the charges and penalties are paid in full.

If court action is taken to enforce non-payment of charges, the owner, occupant or person in possession, charge or control of the location of the alarm unit shall pay all reasonable attorney’s fees and costs incurred by the City in collecting the debt.