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A. False Alarm Monetary Penalties. For police response to any false alarm the city shall charge and collect false alarm fees as provided in this chapter from the person having or maintaining such alarm system on premises owned, rented or occupied by him or her. Any alarm user granted exemption of the fourteen (14) day waiting period shall be responsible for all false alarm responses within that fourteen day period.

Such fees shall be as follows:

1. For a first response to a false alarm at any alarm site within a twelve (12) month period, a fee of fifty ($50) dollars shall be charged. The first alarm response fee may be waived if the alarm owner agrees in writing to take responsibility for the alarm system and states the corrective action taken; however, the first alarm response will remain on record. A waiver form shall be provided by the alarm center and must be received within ten (10) days of the invoice date on the original notice.

2. For a second response to a false alarm at any alarm site within a twelve (12) month period after the first response, a fee of one hundred ($100) dollars shall be charged.

3. For a third response to a false alarm at any alarm site within a twelve (12) month period after the first response, a fee of one hundred fifty ($150) dollars shall be charged.

4. For a fourth response to a false alarm at any alarm site within a twelve (12) month period after the first response, a fee of two hundred ($200) dollars shall be charged.

5. For a fifth response to a false alarm at any alarm site within a twelve (12) month period after the first response, a fee of two hundred fifty ($250) dollars shall be charged.

6. For a sixth response to a false alarm at any alarm site within a twelve (12) month period after the first response, a fee of three hundred ($300) dollars shall be charged, and if such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B the chief of police may order the person having or maintaining the alarm system to disconnect such alarm system until the prescribed corrective action has been taken and certification of such corrective action has been provided to the police department and may direct that the police department will not respond to further alarm dispatch requests from such alarm site. The department then shall send appropriate notice to the persons and/or alarm company listed on the alarm registration application and to CRESA or its successor. Provided, no disconnection or non-response shall be ordered relative to any alarm site required by law to have an alarm system in operation.

B. Suspension of Response.

1. The alarm administrator may suspend alarm response if it is determined that:

a. The alarm user has six (6) or more false alarms in a twelve (12) month period; or there is a false statement of a material fact in the application for a registration; or

b. The alarm user has failed to make timely payment of a fee assessed under section 4 or fee assessed under section 3 of this chapter.

c. The alarm user has failed to submit a written certification from an alarm company, that complies with the requirements of this article, stating that the alarm system has been inspected and repaired (if necessary) by the alarm company.

2. A person commits an offense if he or she operates an alarm system during the period in which his or her alarm registration is suspended and is subject to enforcement and penalties set in this chapter. An alarm company commits an offense if it continues to request law enforcement dispatch(s) to an alarm site after notification by the alarm administrator that the registration has been suspended or revoked and is subject to enforcement and penalties set in this chapter.

3. Unless there is a separate indication that there is a crime in progress, the law enforcement authority may refuse law enforcement response to an alarm dispatch request at an alarm site for which the alarm registration is suspended.

4. If the alarm registration is reinstated pursuant to section C of this chapter, the alarm administrator may suspend alarm response if it is determined that two (2) false alarms have occurred within sixty (60) days after the reinstatement date.

C. Reinstatement of Alarm Response. A person whose alarm response has been suspended may have alarm response reinstated by the alarm administrator or the alarm hearing examiner if the person has abided by one or more of the following:

1. Submits an updated alarm registration form with the $50 reinstatement fee;

2. Pays, or otherwise resolves, all citations and fees;

3. Submits a certification from an alarm company, that complies with the requirements of this chapter, stating that the alarm system has been inspected and repaired (if necessary) by the alarm company;

4. Submits proof that an employee of the alarm company caused the false alarm.

D. Any and all late payment fees charged in relation to any monetary penalty charged under this chapter shall be in accordance with the provisions of VMC 3.08.080. Any fees charged for dishonored checks or instruments given in payment for any monetary penalty charged under this chapter shall be in accordance with the provisions of VMC 3.08.060. (Ord. M-3142 § 3, 1994: Ord. M-2986 § 3, 1992: Ord. M-2892 § 4, 1990; Ord. M-3589, Amended, 07/15/2002)