8.28.060 False alarms – Permit revocation.
A. Any alarm system which has four or more false alarms within a permit year shall be subject to permit revocation as provided in this section.
B. If the Police Department records three false alarms within any twelve month period for any alarm system, the user shall pay an additional fee set by Council resolution to the City within thirty days therefrom and upon his failure to pay the same his connection shall be disconnected subject to right of appeal as provided in subdivisions 4 and 5 of subsection C. (Ord. 1730, 1996)
C. If the Police Department records four or more false alarms within a twelve month period for any alarm system:
1. The Chief of Police shall notify the alarm user by certified mail of such fact and direct that the user submit a report to the Chief of Police within fifteen days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarms.
2. If the alarm user submits a report as directed, the Chief of Police shall determine if the action taken or to be taken will substantially reduce the likelihood of false alarms. If he determines that the action will substantially reduce the likelihood of false alarms, he shall notify the alarm user in writing that his permit will not be revoked at that time, but that if two more false alarms occur within the permit year, the user’s permit will be revoked.
3. If no report is submitted, or if the Chief of Police determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms, the Chief of Police shall give notice by certified mail to the user that the permit will be revoked without further notice, if the user does not file with the Chief of Police within ten days a written request for a hearing.
4. If a hearing is requested, written notice of the time and place of the hearing shall be served on the user by the Chief of Police by certified mail at least ten days prior to the date set for the hearing, which date shall not be more than twenty one nor less than ten days after the filing of the request for hearing.
5. The hearing shall be before the city council, and the Chief of Police and the alarm user shall have the right to present written and oral evidence, subject to the right of cross examination. If the city council determines that four or more false alarms have occurred, and that the user has not taken action which substantially reduces the likelihood of false alarms, the council shall issue written findings to that effect and an order revoking the user’s permit.
6. An alarm user shall immediately discontinue use of his alarm system upon being notified by certified mail of the revocation of his permit pursuant to either subdivision 2 or 5 of this subsection.
7. An alarm user whose permit has been revoked may apply for a revoked user’s permit as provided in subsection B of Section 8.28.030. The Chief of Police shall not be required to issue a revoked user’s permit, unless he is satisfied that the user’s system has been properly serviced and its deficiencies corrected. The Chief of Police may impose reasonable restrictions and conditions upon the user, before issuing a revoked user’s permit, which restrictions and conditions shall be written on the permit. A revoked user’s permit shall be issued for a one year period. If the alarm user does not have two or more false alarms during that period, he may apply for a permit for the following year under the provisions of subsection A of Section 8.28.030. (Ord. 1423, 1978)