Chapter 9.10


9.10.010    Short title.

9.10.020    Purposes.

9.10.030    Definitions.

9.10.040    Police review of false alarms.

9.10.050    Appeal procedures.

9.10.060    Violations.

9.10.010 Short title.

This chapter shall be known as the burglary and robbery alarm system ordinance of the city of Etna. (Ord. 199, 2008)

9.10.020 Purposes.

The purpose of this chapter is to reduce the incidence of false alarms at business. This will give members of the police department more time to combat real crime, thereby furthering health, safety and welfare of the people of Etna. (Ord. 199, 2008)

9.10.030 Definitions.

A. Alarm System. The phrase “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.

B. Alarm User. The phrase “alarm user” means any person, firm, partnership, corporation, or other entity that uses an alarm system at its alarm site.

C. Emergency. The word “emergency” means the commission or attempted commission of a robbery, or other imminent felony or felony-in-commission, or misdemeanor.

D. Excessive False Alarms. An alarm system shall be deemed to actuate excessive false alarms when there are three or more false alarms within a consecutive 365-day period.

E. False Alarm. The phrase “false alarm” means the activation of an alarm system which results in a response by the police department where an emergency does not exist. False alarms which fall into the following category shall not be counted against the alarm user: false alarms which the user can demonstrate were proximately caused by severe storms, earthquakes, or other violent acts of nature. (Ord. 199, 2008)

9.10.040 Police review of false alarms.

Any alarm user who has three or more false alarms in a consecutive 365-day period shall be charged a fee as provided in EMC 9.10.060.

A. The police department shall notify the alarm user by mail to such fact.

B. Upon review of the report by the chief of police a determination will be made, based on information available, whether a fee will be assessed against the alarm user. If a finding to assess a fee is made, a notice of the fee shall be mailed to the alarm user. The notice shall specify the details of all excessive false alarms. (Ord. 199, 2008)

9.10.050 Appeal procedures.

A. Any user aggrieved by a decision of the chief of police made pursuant to EMC 9.10.040 may, within 10 days of receipt of notice, appeal to the city clerk by filing a written notice of appeal.

B. The city clerk shall set a time and place for a hearing before the city council.

C. The decision of the city council shall be based upon the evidence presented, and it shall either:

1. Affirm the decision of the chief of police, in which case any fee imposed pursuant to EMC 9.10.060(A)(1) through (3) shall be sustained.

2. Reverse the decision of the chief of police in whole or in part, in which case no fee shall be imposed. (Ord. 199, 2008)

9.10.060 Violations.

A. Penalties.

1. Fourth alarm shall result in a fine of $50.00.

2. Fifth through ninth alarm, a fine of $100.00.

3. Tenth through nineteenth alarm, a fine of $500.00.

B. Enforcement. All remedies shall be cumulative, and the use for 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. The amount of any fee 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 fee. All fees shall be deemed delinquent 30 days from the date they are due and payable. (Ord. 199, 2008)