Fort Jones Municipal Code Ch. 9.20 False Alarms

The purpose of this chapter is to reduce the incidence of false alarms at businesses and give members of the police department more time to combat real crime, thereby furthering health, safety, and welfare of the people of the town.

(Ord. No. 2021-7, 10-11-2021)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm system means any mechanical or electrical device which is designed or used for protection against an unauthorized entry into a building, structure, or facility, or for alerting others of the commission of an unlawful act within a building, structure, or facility and which emits a sound or transmits a signal or message when activated.

Alarm user means any person or entity that uses an alarm system.

Excessive false alarms means four or more false alarms from the same alarm system within a period of 365 consecutive days.

False alarm means the activation of an alarm system which results in a response by the police department when an emergency does not exist; provided, however, that false alarms which the user can demonstrate were proximately caused by severe storms, earthquakes, or other violent acts of nature do not constitute false alarms within the meaning of this definition.

(Ord. No. 2021-7, 10-11-2021)

(a) If the police chief or the chief's designee finds that an alarm user has excessive false alarms, he shall determine, based on information available, whether a penalty should be assessed therefor. Notice of the penalty assessment against the alarm user shall be mailed to the alarm user. The notice shall include details regarding the false alarms that form the basis for the determination and the amount due.

(b) The penalty for false alarms that may be assessed under this chapter are as follows:

(1) Upon the fourth false alarm in 365 consecutive days, a fine of $50.00.

(2) Upon the fifth through ninth false alarm in 365 consecutive days, a fine of $100.00 per false alarm.

(3) Upon the tenth through 19th false alarm in 365 consecutive days, a fine of $500.00 per false alarm.

(c) A fine assessed under this chapter is a debt to the town. Fines are delinquent if unpaid 30 days from the date assessed, and an action may be commenced in the name of the town in any court of competent jurisdiction for collection of the delinquent amount.

(Ord. No. 2021-7, 10-11-2021)

(a) Any alarm user aggrieved by a decision of the police chief or the chief's authorized designee made pursuant to this chapter may, within ten days of receipt of notice of the decision, appeal to the town council by filing a written notice of appeal with the town administrator or the administrator's designee.

(b) Upon receiving notice of appeal, the town administrator shall set a time and place for a hearing before the town council and shall provide notice of hearing to the alarm user. The decision of the town council shall be based on the evidence presented at hearing.

(Ord. No. 2021-7, 10-11-2021)

All remedies shall be cumulative, and the use for one or more remedies by the town shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. No. 2021-7, 10-11-2021)