Chapter 8.40


8.40.010    Purpose.

8.40.020    Definition of false alarm.

8.40.030    Charges for false alarms.

8.40.040    Responsibility for payment of charges.

8.40.050    Notice of violation.

8.40.060    Appeals.

8.40.010 Purpose.

False alarms and police response to them divert police officers from other duties and cause unjustified expense to the taxpayers. The purpose of this chapter is to provide for the recovery of this expense from persons or firms responsible for initiating excessive false alarms. (Ord. 364 §2((Exh. A(part)), 1991).

8.40.020 Definition of false alarm:

For purposes of this chapter, "false alarm" means an alarm signal which, under ordinary circumstances, will necessitate or cause response by the police department where an emergency situation does not exist. (Ord. 364 §2 (Exh. A(part)), 1991).

8.40.030 Charges for false alarms:

For each false alarm response by the police department after a "Notice of Violation" has been mailed as provided in Section 8.40.050, a charge will be levied against the person or firm responsible, in an amount to be determined from time to time by resolution of the city council, such amount to be sufficient to compensate the city for costs directly and indirectly incurred by the police department in responding to a false alarm. (Ord. 364 §2 (Exh. A(part)), 1991).

8.40.040 Responsibility for payment of charges:

The licensee of the business or the resident of the property for which a false alarm is turned in to the police department shall be responsible for the payment of the charges provided for in Section 8.40.030. The charges shall constitute a debt to the city. (Ord. 364 §2(Exh. A(part)), 1991).

8.40.050 Notice of violation.

A.    A "Notice of Violation" shall be served, either personally or by mail, upon each person or firm responsible for:

1.    Two false burglary alarms within thirty days; or

2.    One false robbery alarm. Additional false alarms by the same person or firm will be charged for as provided in section 8.40.030 of this chapter; provided, that if no such additional false alarm occurs within one hundred eighty (180) days after service of the notice, the notice thereafter shall not be effective. (Ord. 364 §2(Exh. A), 1991)

8.40.060 Appeals:

Any person aggrieved by, dissatisfied with, or objecting to any action, decision or determination made by the city manager or his designee in administering the provisions of this chapter may appeal by filing written notice, specifying the grounds of appeal and the relief sought, with the city clerk within ten (10) days after notice of the action being appealed. Upon failure to file such written appeal within the ten (10) day period, the action, decision or determination of the city manager or his designee shall be final and conclusive. A timely appeal shall be reviewed by the city manager and, unless an adjustment of the matter is made by the city manager satisfactory to the appellant, the appeal shall be expeditiously scheduled for hearing before the city council. The city council, after such hearing, may affirm, reverse or modify the action, decision or determination being appealed, and the action so taken by the council shall be final and conclusive. (Ord. 364 §2(Exh. A), 1991)