Chapter 10 — REGULATION OF ALARM SYSTEMS

This chapter shall be known as the Security Alarm System Ordinance of the city.

(Ord. 761 C.S., passed 10-15-03)

The purpose of this chapter is to promote the responsible use of security alarm systems in order to facilitate the effective and efficient response to alarms by the Madera Police Department. (Ord. 761 C.S., passed 10-15-03)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALARM COMPANY. Any person, retail establishment, organization, answering service, central station or modified central station that installs, connects, or monitors burglary, robbery, or other security alarm systems for consideration. Such companies shall be licensed in accordance with the provisions of Business and Professions Code § 7590 et seq. ALARM SYSTEM. Any mechanical or electrical device designed to emit a sound or generate a signal or message during the commission of an unlawful act in or an unauthorized entry into a building, structure or facility. The following devices shall not constitute an alarm system:

(1) Alarm devices affixed to motor vehicles; boats, boat trailers, house trailers used for traveling or recreational purposes, recreational vehicles, or aircraft.

• (2) Alarm devices installed on a temporary basis by the Madera Police Department;

• (3) Hand-held/portable personal safety devices.

ALARM USER. Any person responsible for operating an alarm system.

ANSWERING SERVICE. A telephone answering service which provides as one of its services the receiving, on a continuous basis, of emergency signals from alarm systems. Immediately upon receiving the signal, the answering service relays a message by live voice to the Madera Police Department's communication center.

AUTOMATIC DIALING DEVICE. An alarm system that automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.

BURGLARY SYSTEM. Any electrical or mechanical device installed at a residence or business and designed to instantly emit a signal when there is an attempted unlawful entry.

CENTRAL STATION. An office to which alarm systems are connected, where operators supervise the circuits, and where security or other service personnel are continuously present to investigate signals.

CHIEF OF POLICE. The person who occupies the office of the Chief of Police for the Madera Police Department, or any person(s) the Chief of Police designates to administer this chapter.

DIRECT LINE. A telephone line leading directly from a central station to the communication center of the Madera Police Department which is used solely to report emergency signals on a person-to-person basis.

EMERGENCY. Any condition which results in, or which could result in, the response of police in an authorized emergency vehicle, or any condition which jeopardizes or could jeopardize public safety and results in, or could result in, the evacuation of any area, building, structure, facility, vehicle or any other place which an individual may enter. EMERGENCY POWER SUPPLY. An uninterruptable power supply that will prevent the failure or interruption of normal utility electricity.

EXCESSIVE FALSE ALARMS. All false alarms actuated in excess of three false alarms within 365 consecutive days.

FALSE ALARM. The activation of an alarm system which results in a response or the commencement of a response by the police where an emergency does not exist.

FALSE ALARM SERVICE FEE. The amount a permittee shall pay the City of Madera for police response to excessive false alarms to defray the cost of responding to false alarms prompting the response.

INFRACTION. An infraction as defined in the California Penal Code as a public offense which is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense. Unless otherwise specified, infractions under this chapter are punishable as provided in § 3-10.99 of this chapter. INTERCONNECT. To connect an alarm system to a telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.

MODIFIED CENTRAL STATION. An office to which alarm systems are connected, where operators supervise the circuits but where security or other service personnel are not present to investigate alarm signals.

NOTICE. A sign or notice.

OPERATIONAL TESTING. Any test of an alarm system conducted by a firm, person, or corporation.

PANIC ALARM. Any electrical or mechanical device designed to enable an individual, 24 hours a day, to instantly alert others of the existence of an emergency by the transmitting of a signal and/or sounding of audible alarm when activated.

PERMITTEE. The person to whom an alarm system permit is issued.

PERSON. Natural persons without regard to number or gender, and any partnership, corporation, and any other type of legal entity.

PERSON-TO-PERSON. The method by which alarm activity is discussed by a person in his or her actual live voice with a live voice at the Madera Police Department.

PRIMARY TRUNK LINE. A telephone line leading directly into the communication center of the Madera Police Department, including 9-1-1 emergency lines, used to respond to emergency calls on a person-to-person basis. A primary trunk line is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company servicing area within which the Madera Police Department has jurisdiction.

REVOKE OR REVOCATION. The permanent cancellation of a permit. If an individual's permit has been revoked and he or she desires to operate an alarm system, he or she will be required to apply for a new permit.

ROBBERY ALARM. Any device or system designed to operate 24 hours a day to instantly transmit a silent signal from a business to alert others of an actual armed robbery in progress.

SIREN. Any audible noise similar to the sound that authorized emergency vehicles are required to produce under the conditions set forth in § 21055 of the California Vehicle Code.

SUSPENSION. A period of time determined by the Chief of Police in which a person with an otherwise valid

permit is prohibited from operating an alarm system. After the duration of the suspension, the permittee is not required

to reapply for a new permit. However, he or she may be required to comply with conditions imposed by the Chief of Police.

(Ord. 761 C.S., passed 10-15-03)

(A) Sirens. No alarm system which emits the sound of a siren shall be installed or connected. This section shall not be construed to prohibit the use of certain electronic horns or howlers that may be approved by the Chief of Police, provided such devices do not emit a sound similar to a siren. Anyone who installs, permits the installation of, or uses an alarm system that emits the sound of a siren, is guilty of an infraction as provided in § 3-10.99 of this chapter.

(B) Automatic shut-off. Any alarm system that is designed to emit a sound audible outside the structure in which the alarm system is lawfully installed, maintained and operated shall include an automatic shut-off device that shuts off the alarm system within 30 minutes of initial activation. Any person who knowingly installs, causes the installation of, maintains or uses an audible alarm without the required shut-off is guilty of an infraction as provided in § 3-10.99 of this chapter.

(C) Emergency power supply. All alarm systems installed after the effective date of this section shall be equipped with an uninterruptable power supply in such a manner that the failure or interruption of normal utility electricity will not activate the alarm or deactivate the system. The emergency power supply must be capable of at least four hours of operation. Any alarm system installed prior to the effective date of this section shall add said emergency power supply unit if said system generates three or more false alarms in a 12-month period.

(D) Notice of name of servicer or occupant. Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building. All silent alarm systems shall have a notice on the premises which provides the same information.

(E) It shall be unlawful for any person, firm or corporation to conduct any test on any alarm system as may be described in this chapter which might generate a response of the city Police Department. The subscriber's alarm agent, or alarm business shall be required to notify the Police Department prior to conducting any test on said alarms. Failure to make such notification will result in the alarm being designated as a "false alarm," which may be subject to a fee for said response.

(Ord. 761 C.S., passed 10-15-03) Penalty, see § 3-10.99

(A) Proper interconnection of automatic dialing devices . Persons using automatic dialing devices shall have such devices interconnected to a telephone line which transmits directly to a central station, a modified central station, or an answering service.

(B) Interconnection to 9-1-1 operator. No automatic dialing device shall be interconnected to dial the 9-1-1 operator. Any person who knowingly interconnects or permits the interconnection of an automatic dialing device to the 9-1-1 operator is guilty of an infraction as provided in § 3-10.99 of this chapter.

(C) Interconnection to primary trunk line. No automatic dialing device shall be interconnected to a primary trunk line of the Madera Police Department. Any person who interconnects or permits the interconnection of an automatic dialing device to a primary trunk line of the Madera Police Department is guilty of an infraction as provided in § 3- 10.99 of this chapter.

(Ord. 761 C.S., passed 10-15-03) Penalty, see § 3-10.99

(A) Robbery alarm. A robbery alarm system shall be activated only in the event of a robbery or an attempted robbery. Any other use is prohibited. Any violation of this section is an infraction as provided in § 3-10.99 of this chapter.

(B) Panic alarm. Any person who activates a panic alarm for reasons other than signifying an emergency is guilty of an infraction as provided in § 3-10.99 of this chapter.

(Ord. 761 C.S., passed 10-15-03) Penalty, see § 3-10.99

Alarm transmitting messages to 9-1-1 operators. Alarm systems which transmit messages directly to 9-1-1 operators without interfacing with a central station, modified central station, or telephone answering service shall provide for two-way conversation. Any person who installs, permits the installation of, or operates an alarm system which when activated transmits messages directly to 9-1-1 operators and does not permit the 9-1-1 operators to speak directly to a person is guilty of an infraction as provided in § 3-10.99 of this chapter.

(Ord. 761 C.S., passed 10-15-03) Penalty, see § 3-10.99

Any central station, modified central station, or telephone answering service that relays messages to the Madera Police Department, and requests the dispatch of police officers to an alarm system location, shall maintain and shall provide the following information to police dispatch at the time each message is relayed:

• (A) The name of the permittee;

• (B) The address of the alarm system; and

• (C) The alarm permit number.

• (Ord. 761 C.S., passed 10-15-03)

Any central station, modified central station, or telephone answering service that fails to maintain or provide information as required by § 3-10.08 (A), (B) and (C) of this chapter is guilty of an infraction as provided in § 3-10.99 of this chapter.

• (Ord. 761 C.S., passed 10-15-03) Penalty, see § 3-10.99

The amount of any permit fee or false alarm service fees due and owing shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent fees. All fees shall be deemed delinquent 30 days from the date they are due and payable. No permit shall be renewed, restored, or reissued until the applicant has paid all delinquent fees in full.

(Ord. 761 C.S., passed 10-15-03)

The provisions of this chapter shall apply to all alarm systems which were installed, connected, operated or maintained on or prior to the date on which this chapter becomes effective; provided, however, the permits required

for alarm systems existing on or before the effective date of this chapter shall be obtained within 270 days from and after the date on which this chapter becomes effective.

(Ord. 761 C.S., passed 10-15-03)

PERMITS

(A) Individual users . No person shall cause an alarm system to be installed, connected, operated or maintained upon any property within the city without first obtaining an alarm permit. Said permit shall be issued in accordance with the provisions of this chapter. Any person who causes an alarm system to be installed, connected, operated or maintained without first obtaining a permit as required by this section is guilty of an infraction as provided in § 3- 10.99 of this chapter.

(B) Alarm companies - installation or connection. No alarm company shall install or connect any alarm system upon any property located within the city without first performing one of the following acts, whichever is most feasible:

(1) Obtaining a copy of the alarm system permit from the alarm user or the Chief of Police;

(2) Obtaining a copy of the alarm permit fee receipt from the alarm user or Chief of Police;

(3) Notifying the Chief of Police by declaration under penalty of perjury that the permit application and the appropriate fees have been personally delivered or mailed to the Chief of Police. The declaration under penalty of perjury shall be signed by an authorized agent of the alarm company; or

(4) Obtaining from the alarm user an executed declaration under penalty of perjury that said user has previously personally delivered or mailed the permit application and the appropriate fee to the Chief of Police. The declaration under penalty of perjury shall be witnessed and signed by an authorized agent of the alarm company. This declaration shall be personally delivered or mailed to the Chief of Police by the alarm company.

(C) Proof of compliance required. One of the declarations referenced above shall be personally delivered or mailed to the Chief of Police within 72 hours of the date of installing or connecting an alarm system. An alarm company who installs or connects an alarm system without complying with this section is guilty of an infraction as provided in § 3- 10.99 of this chapter.

(D) Unauthorized installation or service. An alarm company may install, connect or maintain an alarm system only after it has established that the intended user has a valid permit or has complied with the provisions of this chapter for the issuance of a permit. If the Chief of Police notifies an alarm company of a denial, non-renewal, suspension, revocation or of other conduct rendering it illegal for the intended user to operate the alarm, the alarm company shall discontinue service to that alarm system within 20 days of such notification. The alarm company shall immediately notify the Chief of Police in writing that the company has complied with this section. Any alarm company that fails to comply with this section is guilty of an infraction as provided in § 3-10.99 of this chapter. (Ord. 761 C.S., passed 10-15-03) Penalty, see § 3-10.99

(A) Applications and renewals. Applications and renewals shall be personally delivered or mailed to the Chief of Police on forms he or she may prescribe. Applications shall contain the following:

(1) The name, address and telephone number of the person who will respond to an alarm, or render service or repairs to the alarm system on a 24 hour a day basis; and

(2) Such additional information as the Chief of Police shall reasonably deem necessary for the evaluation and proper processing of the permit application. Every alarm permit shall be kept on the premises where the alarm system

is installed for use.

(B) Permit applications for multiple alarms. Multiple alarms located at a single address may be installed and operated under a single permit or under multiple permits as specified below:

(1) Any person who desires to operate or maintain more than one alarm system at any business or residential property may apply for a single alarm permit for all alarms to be operated at a single address. If a single permit is obtained for multiple alarm systems at a single address, for the purposes of determining false alarm and false alarm service fees, all alarm activity by the alarm systems under the single permit will be cumulative.

(2) Any person who desires to operate more than one alarm system at any business or residential property may apply for separate permits for each alarm system operated or maintained at such a location. If the applicant chooses to secure a separate permit for each alarm system, a separate application shall be submitted for each system, and a separate permit fee shall accompany each such application. Where multiple permits are issued for multiple alarm systems at one address, alarm activity will be charged only to the permit for the alarm system which resulted in the alarm activity.

(Ord. 761 C.S., passed 10-15-03)

(A) Permit fee. A non-refundable permit application fee shall accompany every initial application or renewal. The amount of the permit fee shall be determined by the Chief of Police. The purpose of the permit fee is to defray costs of processing applications and permits. This fee shall be in addition to any other permit fee(s) imposed by the city.

(B) Receipt available. Applicants may request a receipt for the permit fee at the time the fee is paid. The receipt may serve as a temporary alarm permit for a period of time not to exceed 45 days commencing the day following payment of fee.

(Ord. 761 C.S., passed 10-15-03)

(A) By whom issued. Alarm system permits shall be issued by the Chief of Police. The Chief of Police may issue alarm permits only after the requirements of this chapter have been satisfied.

(B) To whom issued. Alarm permits may be issued to the person who is the owner of, or in possession of, the property which the alarm system is designed to protect.

(Ord. 761 C.S., passed 10-15-03)

(A) Length of permit period. Each alarm permit expires three years after the date it is issued or renewed, unless the permit is revoked at an earlier time. The date of issuance or renewal is the date shown on the permit. If a permit is not renewed, or if it is revoked, the alarm system may not be operated until a new permit is secured.

(B) Application for renewal. If an application for renewal is not forwarded to the Chief of Police within 30 days of the permit's expiration date, the permit will be canceled and the permittee will be guilty of an infraction each day of continued use of the alarm after the date of cancellation.

(C) Notice to alarm companies. If an alarm permit is not renewed within 30 days of the date of expiration, or is suspended or revoked, the Chief of Police shall give notice of non-renewal, suspension, or revocation to the servicing alarm company.

(Ord. 761 C.S., passed 10-15-03)

Any alarm system permit issued in accordance with the provisions of this chapter shall be valid only as to the permittee named on the permit. No alarm permit shall, in any manner be transferred to another without the prior written consent of the Chief of Police. Any request to transfer a permit to another shall be in writing on the standard Madera Police Department form. Said form shall be submitted directly to the alarm inspector. Transfer of a permit shall in no way affect the date of expiration of said permit. False alarms previously charged to the transferor shall not be charged to the transferee. However, the Chief of Police may deny any request to transfer an alarm system permit where, after investigation, it appears that the transfer is requested for the purpose of allowing the transferor to evade responsibility for prior false alarms. Alarm permits may only be transferred from one person to another at the address shown on the permit or from one property to another under the name of the person shown on the permit. (Ord. 761 C.S., passed 10-15-03)

(A) Grounds. An alarm permit shall be denied when objective evidence demonstrates that the permit will be used for illegal purposes.

(B) Notice of denial. The Chief of Police shall give the permit applicant written notice of the denial of the application. The notice of denial shall be mailed not later than 10 days following the decision to deny the application. The notice shall include the grounds for denial.

(C) Request for hearing. The applicant may request a hearing on the denial by personally delivering or mailing to the Chief of Police a written request. The request shall be delivered or mailed to the Chief of Police not later than 10 days after the date of mailing of the notice of denial.

(Ord. 761 C.S., passed 10-15-03)

• (A) Grounds. The following shall constitute grounds for a suspension of an alarm permit:

• (1) Assessment of three or more false alarm service fees within any 12 consecutive months;

• (2) Assessment of a subsequent false alarm service fee when a previous false alarm service fee is delinquent or when two or more false alarm service fees are delinquent;

• (3) The violation of any provision of this chapter; or

• (4) The violation of any condition imposed by the Chief of Police upon an alarm permittee.

• (B) Length of suspension. A suspension under subsections (A) (1) and (2) of this section shall not exceed 15 days. A suspension under subsections (A) (3) and (4) of this section shall not exceed 90 days.

(C) Effect of renewal on suspension. If any suspension extends beyond the expiration date of the permit, renewal of the permit shall not alter the length of the suspension. Operation of the alarm under a renewed permit shall not commence until the suspension period has been fully served.

(D) Restoration of permit. On the day following the expiration of the suspension period, the permit shall be restored by the Chief of Police. The permit shall not be restored if any false alarm service fee remains delinquent. (Ord. 761 C.S., passed 10-15-03)

An alarm permit shall be revoked upon the second suspension within 12 consecutive months of a previous suspension.

(Ord. 761 C.S., passed 10-15-03)

REVOCATION AND APPEAL

(A) Individual users. A permittee who allows an alarm to remain in a usable state after the permit has been suspended or revoked is guilty of an infraction as provided in § 3-10.99 of this chapter. Each day of use in violation of this section shall constitute a new infraction.

(B) Penalty for unlawful use. A user who continues to send, or permits the sending of, a silent alarm emergency signal to the Madera Police Department, after the permittee's alarm permit has been suspended or revoked, is guilty of an infraction punishable by a fine not to exceed $250 for the first infraction and not to exceed $500 for each infraction thereafter within a period of any 12 consecutive months of such prior violation.

(C) Alarm companies. Any alarm company that does not cease providing service to an alarm user within 15 days after having been notified by certified mail that the user's alarm permit has been suspended or revoked is guilty of an infraction as provided in § 3-10.99 of this chapter.

(D) Penalty for unlawful service. Any alarm company that continues to send or permits the sending of an alarm user's silent alarm emergency signal to the police department, after having been notified in writing that the user's alarm system permit has been suspended or revoked, is guilty of an infraction punishable by a fine not to exceed $250 for the first infraction and not to exceed $500 for each infraction thereafter within a period of any 12 consecutive months of such prior violation.

(Ord. 761 C.S., passed 10-15-03) Penalty, see § 3-10.99

Any person whose alarm permit has been revoked may apply for a new permit in accordance with the provisions of this section.

(A) Application. All applications after revocation shall be personally delivered or mailed to the Chief of Police on such forms as he or she may prescribe.

(B) Investigation. The Chief of Police shall conduct an investigation to determine whether the grounds for the prior revocation have been eliminated, or are not likely to occur again in the foreseeable future. Such investigation may include, but shall not be limited to, an on-site examination of the alarm system and any specifications, diagrams, or descriptions pertaining thereto.

(C) Re-issuance of permit . If, after investigation and at his or her sole discretion, the Chief of Police determines that the grounds for the revocation have been eliminated, or that such grounds are not likely to occur again in the future, an alarm permit shall be issued. No alarm permit will be issued until all previous false alarm service fees have been paid. The Chief of Police may impose such conditions on the alarm permit as he or she deems reasonably necessary to insure that the permittee will comply with the provisions of this chapter. Said conditions may include a probationary period during which the alarm shall not actuate any false alarms. (Ord. 761 C.S., passed 10-15-03)

(A) Written notice of intent to suspend or revoke a permit shall be served on the permittee and upon the person who renders service or repairs to the alarm system as designated on the permit application. Such notice shall be served at least 20 days prior to the date set for the proposed suspension or revocation. The notice shall include a brief statement

of the grounds upon which the proposed suspension or revocation will be based, and instructions on how to request a hearing if the permittee so desires.

• (B) The notice shall also inform the permittee that:

• (1) Failure to request a hearing within 15 days of the date of the notice shall constitute a waiver of the right to hearing;

• (2) The request must actually be received by the Chief of Police within the 15 day response period; and

• (3) The proposed suspension shall be imposed without further notice if a hearing is not timely requested.

(Ord. 761 C.S., passed 10-15-03)

Notices of intent required by this section may be served either by personal delivery to the person(s) to be notified or by depositing the same in the U.S. mail in a sealed envelope, postage prepaid, addressed to such person(s) to be notified at the address last known to the Chief of Police.

(Ord. 761 C.S., passed 10-15-03)

Upon a showing of proof of service by mail, the failure of any person to receive such notice shall not affect the validity of any proceedings taken under this chapter.

(Ord. 761 C.S., passed 10-15-03)

Upon written receipt of a request for hearing by the Chief of Police, the proposed suspension or revocation shall be stayed pending the conclusion of said hearing.

• (Ord. 761 C.S., passed 10-15-03)

The Chief of Police shall give the permittee notice of assessment of a false alarm service fee. Notice of the false alarm service fee assessment shall be mailed not less than 10 days, following the assessment. Notice shall include a brief statement of the grounds for the assessment.

(Ord. 761 C.S., passed 10-15-03)

Any person aggrieved by the decision of the Chief of Police in denying, suspending or revoking an alarm permit or in assessing a false alarm service fee may appeal such decision to the City Council. (Ord. 761 C.S., passed 10-15-03)

Notice of appeal complying with the appeal provisions of this code shall be filed in writing with the city clerk not later than 15 days after the date of service of notice of the action giving rise to the appeal. During the pendency of said appeal, action by the Chief of Police shall be stayed. Notice of the appeal shall also be mailed by the appellant to the Chief of Police.

(Ord. 761 C.S., passed 10-15-03)

The notice of appeal shall include the name, current address and phone number of the appellant, a statement of the action which is being appealed, and a statement of the facts and law on which the appeal is based. In addition, the appeal shall be accompanied by a copy of the relevant applications, renewals, and requests submitted to the Chief of Police and all notices and decisions received from the Chief of Police.

(Ord. 761 C.S., passed 10-15-03)

The timely receipt of a proper notice of appeal shall not affect a suspension, revocation or false alarm service fee assessment unless the appellant seeks and is granted a stay by the Chief of Police. A request for stay shall set forth facts demonstrating that the appellant would suffer an extraordinary hardship if the stay is not granted. (Ord. 761 C.S., passed 10-15-03)

• (A) Assessment. Alarm users shall be assessed a false alarm service fee for false alarms as specified below:

• (1) For each false alarm in excess of three in the preceding 12 months.

• (a) Burglary: $50 per each false activation.

• (b) Robbery/panic/disturbance: $75 per each false activation.

• (2) For each false alarm in excess of eight in the preceding 12 months.

• (a) Burglary: $100 per each false activation.

• (b) Robbery/panic/disturbance: $125 per each false activation.

(B) False alarm exemption. If a permittee presents sufficient proof that a particular false alarm falls into one of the following categories, said alarm shall not be counted against the permittee in determining whether the permittee's alarm system actuated excessive false alarms:

• (1) False alarms which the permittee can demonstrate were proximately caused by violent acts of nature;

• (2) False alarms which the permittee can demonstrate were actually caused by the act of some person other than:

• (a) The permittee. For the purpose of this subsection, the term "permittee" includes officers, agents, employees, independent contractors, and any other person subject to the direct or indirect control of the permittee;

• (b) The person who installed, connected, operated, maintained or serviced the alarm system;

• (c) The manufacturer of the alarm system, including the manufacturer's officers, agents, employees, independent contractors and any other persons subject to the direct or indirect control of the manufacturer.

(C) Users who possess proof that a particular alarm meets the requirements for false alarm exemption under subsection (B) of this section shall present such proof to the alarm inspector within 20 days of the event resulting in said alarm.

(D) Payment of fee. A false alarm service fee invoice shall be mailed to the alarm user immediately following the assessment of the fee. Fees are due and owing not later than 10 days after the date of mailing the invoice. The date of mailing shall appear on the invoice.

(E) Reversal of false alarm service fee. Notwithstanding the provisions of § 3-10.48 of this chapter, any person aggrieved by the assessment of a false alarm service fee may make a written request to the Chief of Police to reverse the false alarm service fee assessment.

(F) Request for reversal. Requests for reversal of the false alarm service fee assessment shall be personally delivered or mailed to the Chief of Police within five days of the date of mailing the assessment invoice. The request

shall include the reason(s) for requesting the reversal and shall be accompanied by a crime report or crime report number that supports the requester's position that the false alarm service fee should be reversed.

(G) Effect of request. The timely receipt of a proper request for reversal shall result in a stay of the assessment until a decision has been reached on the request. If the request is denied, the fee shall be payable immediately upon notification of the denial. Said denial shall also tell the time period in which an appeal shall be filed with the city clerk.

(Ord. 761 C.S., passed 10-15-03; Am. Ord. 771 C.S., passed 8-4-04)

No alarm permit shall be suspended or revoked until after the permittee has been given the opportunity for a hearing by the Chief of Police. A hearing is not required prior to the denial of an alarm permit. Hearings after denials shall be held pursuant to § 3-10.26(C) of this chapter upon written request of the applicant.

(Ord. 761 C.S., passed 10-15-03)

The conviction or punishment of any person for violating any provision of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction or punishment, nor shall payment of any permit fee bar a criminal prosecution for a violation of any provision of this chapter. All remedies shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 761 C.S., passed 10-15-03)

Except where punishment is specifically provided elsewhere in this code, any person who violates any provision of this chapter is guilty of an infraction punishable by (1) a fine not to exceed $50 for a first violation; (2) a fine not to exceed $100 for a second violation of any section of the chapter within one year of any prior violation; and (3) a fine not to exceed $250 for the third and each successive violation of any section of this chapter within one year of any prior violation.

(Ord. 761 C.S., passed 10-15-03)