Chapter 3.32 — SETTING FEES FOR EXCESSIVE FALSE ALARM RESPONSES

Whenever the City receives an excessive number of false alarms from any one source, a service fee shall be assessed.

(a) “False alarm” as defined herein shall mean an alarm set off by human negligence, including but not limited to an alarm in a structure or vehicle.

(b) The first through fourth false alarm in any consecutive 365-day period shall not be considered excessive and no service fee shall be assessed.

(c) Upon receipt of the fifth and any subsequent false alarm within any 365-day period, the alarm owner or lessee shall pay a service fee. Such service fee shall be set by resolution of the City Council.

(d) Upon receipt of the eighth false alarm within the 365-day period mentioned above, in addition to the service fee, the alarm system may be considered a public nuisance and the alarm owner notified that police response to further activations of that system will be discontinued for a period of 30 days for each successive false alarm received. The City Manager or his designee shall provide a copy of such notice to the Police Chief as instructions regarding

responses.

(e) Failure to pay an assessed service fee within 30 days of the billing date shall result in the automatic cessation of police response to further activations of said alarm system until such fee is paid.

(f) Public schools, as well as all City, county, state and federal facilities, are exempt from the provisions of this Section.

(14-8/91 § 3.03.01)

In those cases where police response is to be discontinued as set forth in Section 3.32.010 of this Chapter, a written notice of such action shall be mailed via registered mail to the alarm owner or lessee at least 15 days prior to the actual cutoff. The alarm owner or lessee may, within ten days after such notice is mailed, request a meeting with the City Manager or his designee to present material to rebut the basis of the discontinuance. Based on the information presented, the City Manager or his designee may determine that either police response to the alarm system should continue to be denied, be reinstated or direct other corrective measures be implemented. At the conclusion of the meeting, the City Manager or his designee shall verbally advise the alarm owner or lessee of his decision in the matter and provide via registered mail a written response within five working days thereafter. (14-8/91 § 3.03.02)

Any alarm system owner or lessee who has received a notice from the City that police response will not be reinstated as provided by Section 3.32.020 of this Chapter may appeal said determination to the City Council. Said appeal shall be made to the City Clerk in writing within 15 days after receipt of the notice of determination from the City Manager or his designee and shall state the basis for the appeal. The City Clerk shall set the matter for an informal hearing before the City Council as soon as is practicable and shall give the appealing party advance notice of the time and place of such hearing. At the hearing, the appealing party and any other interested party shall have a reasonable opportunity to be heard. In all such cases the burden of proof to show that the action of the City Manager or his

designee was arbitrary shall be upon the appealing party. The determination of the City Council shall be final and conclusive.

(14-8/91 § 3.03.03)