Mountain View Municipal Code Art. IV Suspension or Revocation of Registration and Right of Appeal

The police department may suspend for a period not to exceed six (6) months or revoke an alarm business registration or an alarm system permit issued hereunder as follows:

(1) Any alarm business registration or renewal of registration may be revoked or suspended if the alarm business registrant fails to fulfill the responsibilities assigned to him or her under all applicable sections of this chapter.

(2) Any alarm system in use within the city which, due to causes other than Acts of God, has signaled more than four (4) false alarms in one hundred eighty (180) days or five (5) false alarms within a twelve (12) month period is a public nuisance, and the chief of police may suspend or revoke the alarm system permit for that system. Failure of the police department to locate any evidence of intrusion or other need or cause for activation of an alarm system shall result in the presumption of a false alarm.

(3) More than two (2) suspensions or revocations of an alarm system permit in any twelve (12) month period may be the basis for nonresponse by order of the chief of police. The chief of police is authorized to implement such procedures and practices as may reasonably be necessary to reduce false alarms in the city. Permission may be granted to reinstate the alarm system permit and response to alarms upon compliance with the requirements in the chief of police's letter of alarm system permit revocation.

(Ord. No. 48.76, 6/14/76; Ord. No. 27.91, 12/10/91; Ord. No. 8.01, 6/12/01.)

a. The council finds and determines that repeated responses to false alarms by the city may result in a significant expenditure of police department time and resources and increased costs to the public for law enforcement services. The council, therefore, finds that it is necessary and appropriate for the city to seek to recover the costs of repeated responses to false alarms from the persons responsible for such alarms through the imposition of false alarm fees.

b. In addition to any other remedies available to the city pursuant to this code or state law, the chief of police may, pursuant to the procedure set forth in Section 40.18, impose false alarms fees to recover the costs of police department response to multiple false alarms within a twelve (12) month period. Such false alarm fees shall be in the amounts established by resolution of the city council, and may be progressively higher for each false alarm which occurs during that period.

After the first false alarm from an alarm system, the police chief shall send a warning notice to the person responsible for that false alarm. The warning notice shall state the date and time of the false alarm, and that if subsequent false alarms resulting from causes other than Acts of God should occur during the next twelve (12) months, the chief of police may impose false alarm fees pursuant to this section. This warning notice shall state the amount of the false alarm fees which could be imposed by the city.

(Ord. No. 27.91, 12/10/91; Ord. No. 8.01, 6/12/01.)

a. Notice. The chief of police shall send by certified mail a notice of the proposed suspension, revocation and/or imposition of false alarm fees to the alarm user at the address provided to the police department on his/her most recent alarm system permit application or renewal. This notice shall specify the date, time and nature of the events which are the basis for the proposed suspension revocation, and/or imposition of false alarm fees, and the maximum penalty which could be imposed by the city. The notice shall state that the alarm user has the right to request a hearing before the chief of police on the proposed suspension, revocation, and/or imposition of false alarm fees by submitting a written request therefor to the police department within ten (10) days of the date of the notice sent by the chief of police.

b. Hearing. Upon the receipt of a timely written response from the alarm user for a hearing, the police department shall set the matter for a hearing before the chief of police on a date which is at least one (1) week from the date of receipt of the request for a hearing by the police department. At the hearing, the alarm user may be represented by counsel and may present relevant evidence regarding the alleged grounds for suspension or revocation or the imposition of false alarm fees.

c. Decision by chief of police. The chief of police shall notify the alarm user of his or her decision on the proposed revocation or suspension in writing by certified mail by no later than two (2) weeks after the hearing. The decision of the chief of police regarding the imposition of false alarm fees shall be final.

(Ord. No. 48.76, 6/14/76; Ord. No. 27.91, 12/10/91; Ord. No. 8.01, 5/29/01.)

No person shall continue to use an alarm system or operate an alarm business under authority of any alarm system permit, alarm business registration or any renewal issued pursuant to this chapter which has been suspended or revoked until such time as (1) the alarm system permit or alarm business registration is reinstated, or (2) until the alarm system permitee or alarm business registrant has fully complied with the suspension or revocation order.

(Ord. No. 48.76, 6/14/76; Ord. No. 27.91, 12/10/91; Ord. No. 8.01, 6/12/01.)

Any alarm system permit or alarm business registration which has been suspended or revoked may be reinstated by the chief of police upon proof satisfactory to him or her that the applicant for reinstatement has taken effective action to remedy the circumstances giving rise to the suspension or revocation.

(Ord. No. 48.76, 6/14/76; Ord. No. 27.91, 12/10/91; Ord. No. 8.01, 6/12/01.)