FALSE ALARMS

Per Municipal Code of Ordinances:

Sec. 20-34. - Fees for false alarms.

(a) Upon a response to any false burglar or robbery alarm by the police department, the police department shall charge and collect from the person having or maintaining such alarm on a premises owned or occupied by such person a fee as follows:

       (1) For a response to false alarm at premises where no false alarm has occurred within the preceding six-month period, referred to as a "1st response," no fee shall be charged. However, the person having or maintaining such alarm shall, within three working days after notice, make a written report to the police department on a form to be provided by the police department, setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person and such other information as the police department may reasonably require to determine the cause of such false alarm and the corrective action necessary.

       (2) For a 2nd response to a false alarm within six months after a 1st response, a fee as set forth in appendix A to this Code shall be charged and a written report shall be required as for a 1st response.

       (3) For a 3rd response to a false alarm within six months after the 1st response and for each succeeding response within six months after the last response, a fee as set forth in appendix A to this Code shall be charged. If such 3rd false alarm or any such succeeding false alarm results from the failure of the owner or manager to take necessary corrective action, the police department may order the disconnection of such alarm system, and it shall be unlawful to reconnect such alarm system until such corrective action is taken, provided that no disconnection shall be ordered for any premises required by law to have an alarm system in operation.

(b) For the purpose of collecting the fees for false alarms, a notice shall be left with the owner, operator or agent of the premises or, in such person's absence, left at a conspicuous location on the premises, notifying the owner or agent that the police responded to the location for a false alarm and that a follow-up false alarm notice will be sent via mail, setting forth the requirements of this article, and the amount of the fees, and indicating whether this is the 1st, 2nd, 3rd or later response within a six-month period. The follow-up notice shall state that the fee may be paid within 15 days, as provided in section 20-35, and that, if not paid, the fees will become a lien on the property protected by the alarm system, unless within 15 days from the date of such false alarm an authorized person appears at police headquarters, during the hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, or at some other prearranged time, before an officer designated by the Chief of Police to receive such objections, to present an appropriate defense to the assessment of the fee. Such follow-up notice shall also state that any written or tangible evidence tending to support a defense should be presented at the same time. If the operator of the premises is leasing the premises from the owner thereof, the police department shall mail a copy of the notice to the owner of the property at the owner's address as it appears on the current tax roll. An appropriate defense shall be considered to be any cause that was completely and utterly beyond the control of the owner or operator to prevent, such as an act of God. Failure of the system to be in proper operating condition shall not be a proper defense. If no appearance is made and the fees are not paid, the lien shall be recorded as provided in section 20-35.
 

Sec. 20-35. - Failure to pay fees; interest on unpaid fees; liens.

The fees imposed by this article are based exclusively upon the costs or a portion of the costs incurred by the city in responding to false burglar or robbery alarms and shall be deemed assessed on the day of the response. The fees may be paid within 15 days without interest. Thereafter, any unpaid fees shall accrue interest at the rate of 12 percent per annum and shall become a lien on the real and personal property protected by the alarm. Upon recording in the public records of the county a notice of lien setting forth the date of assessment, the legal description of the property and the name of the owner of the real property as it appears on the tax roll, the lien shall take precedence over any other lien against the property, except for liens for taxes, mechanics' liens and purchase money liens. The liens may be foreclosed against the real and personal property by the city at any time within 10 years after the date of assessment of the fee.

(Code 1957, § 15-35; Code 1994, § 34-40)

Appendix A - Fees and Charges Schedule

 § 20-34. False alarms.

(1) 2nd response within 6 months of a 1st response ..... $10.00

(2) 3rd response within 6 months of a 1st response and each succeeding response within 6 months after the last response ..... $75.00