Chapter 9.240
FALSE ALARMS
Sections:
9.240.010 Purpose.
9.240.020 Definitions.
9.240.030 Fees, corrective action, disconnection.
9.240.040 Duties of alarm users.
9.240.050 Administrative decisions, notice.
9.240.060 Appeal from administrative decision, finality.
9.240.010 Purpose.
It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including fees and potential disconnection. (Ord. 1141 § 1 (part), 2002: Ord. 1119 § 1 (part), 2001).
9.240.020 Definitions.
In this chapter, unless a different meaning plainly is required:
A. “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.
B. “False alarm” includes the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery, or a perceived threat to a person on the premises and at the time when no robbery, burglary, or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises. (Ord. 1141 § 1 (part), 2002: Ord. 1119 § 1 (part), 2001).
9.240.030 Fees, corrective action, disconnection.
For police response to any false alarm, the city shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on the premises owned or occupied by him the following fees:
A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged. Upon first response, notice of conditions and requirements of this chapter shall be given to the owner or occupant of the premises on which the false alarm occurred and upon which the burglary and/or robbery alarm is located.
B. For a second response to premises within six months after a first response a fee established by the taxes, rates and fees schedule adopted by ordinance shall be charged. The person having or maintaining such burglary and/or robbery alarm shall, within five working days after notice to do so, make a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police may reasonably require to determine the cause of such false alarm, any mitigating circumstances, and corrective action necessary. The chief of police may direct the person having or maintaining such burglary and/or robbery alarm to have authorized personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on said premises.
C. For a third response to premises within six months after a second response, a fee established by the taxes, rates and fees schedule adopted by ordinance shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.
D. For a fourth response to premises within six months after a third response and for all succeeding responses within six months of the last response a fee established by the taxes, rates and fees schedule adopted by ordinance shall be charged.
E. In addition to the fee charged after the fourth false alarm within a six-month period, there may be no police response to subsequent alarms without approval by the chief or his/her designee. If police response is suspended, the chief or his/her designee shall send a notification of the suspension of response to:
1. The emergency communication center;
2. The pertinent substation, precinct, and sheriff’s department personnel;
3. The alarm user by certified mail;
4. By certified mail to the person or persons listed on the alarm user’s registration card who is to be contacted in case of an emergency.
F. The suspension of police response to an alarm shall begin 10 days after the date of delivery of the notice of suspension of service to the alarm user unless a written request for a false alarm validity hearing has been made in the required time period as set forth in NBMC 9.240.060.
G. Notwithstanding subsections A through E of this section, any failure to pay fees related to false alarm response within 60 days of notification may also result in no police response to subsequent alarms until all such fees are paid.
H. All addresses placed on nonresponse status as provided by this section shall have their status reviewed by the chief of police or designee every 90 days for changes in ownership. (Ord. 1237 § 7 (part), 2005: Ord. 1226 § 1, 2005; Ord. 1141 § 1 (part), 2002: Ord. 1119 § 1 (part), 2001).
9.240.040 Duties of alarm users.
A. The premises shall display a contact card registration decal or a registration decal provided by the alarm company at or near the main entrance, which shall be clearly visible and readable from the exterior of the premises. The contact card or registration decal shall contain the name and telephone number of a person who shall be notified in the event of an alarm.
B. The premises shall display the street address at or near the front of the premises and at other places where access is available, such as from an alley or parking lot. The street address shall be clearly visible and readable from the exterior of the premises.
C. If requested to do so by the chief or his/her designee, the alarm user or his or her designee shall respond to a premises following activation of an alarm system for which a contact call has been issued within a reasonable time, and in any event, within one hour after said notification. (Ord. 1141 § 1 (part), 2002: Ord. 1119 § 1 (part), 2001).
9.240.050 Administrative decisions, notice.
Notice of imposition of any administrative sanction, including the imposition of a fee or order of disconnection, under the provisions of this chapter, shall be given to the person having or maintaining a burglary and/or robbery alarm on the premises owned or occupied by him; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises. (Ord. 1141 § 1 (part), 2002: Ord. 1119 § 1 (part), 2001).
9.240.060 Appeal from administrative decision, finality.
Any person subject to the imposition of a fee, order of disconnection, or other administrative sanction under the terms of this chapter shall have a right of appeal therefrom to the city hearing examiner. Unless notice of appeal is filed with the city clerk within 10 days of receipt of notice of imposition of an administrative sanction, said sanction is deemed to be final. (Ord. 1141 § 1 (part), 2002: Ord. 1119 § 1 (part), 2001).