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 Merriam
 Code of Ordinances
 Chapter 23. EMERGENCY MANAGEMENT AND SERVICES
 Article III. ALARM SYSTEMS

  § 23-61. False alarms; fees; grace period.  

Latest version.

  • (a)

    It is unlawful for any person, firm, or corporation, either as principal officer, agent, service, servant, or employee who possesses or operates an alarm system to have more than three false alarms in one registration year. Provided, false alarms as allowed during the grace period defined in subsection (b) of this section shall not be counted in determining whether there has been a violation of this section. Any alarm user who has exceeded the number of permissible false alarms during the registration year shall be charged with and be responsible for the applicable fees set forth in the city's adopted schedule of fees. The payment of the false alarm fee as set forth in the city's adopted schedule of fees shall be submitted to the office of the city clerk within ten days of receiving notice that such fee is due.

    (b)

    Prior to any fees being assessed as provided herein, a grace period of six false alarms or 90 days from the date of activation of any new alarm system, whichever occurs first, shall be allowed to an alarm user for the purpose of adjustments and corrections to the alarm system.

    (c)

    Any alarm user who has been assessed a false alarm fee as provided for in the city's adopted schedule of fees may appeal such assessment to the alarm coordinator by filing a written notice of appeal within ten days of receipt of notice that such fee is due. The filing of such notice shall stay the effect of such assessment until a final determination is made by the alarm coordinator.

    (d)

    Failure of an alarm user to appeal a false alarm fee as set forth in subsection (b) of this section or to appeal a false alarm fee as provided in subsection (c) of this section shall create a prima facie case that the alarm signal at issue is a false alarm and that such alarm user is in violation of this article.

    (e)

    Nothing contained in this section shall prohibit prosecution in municipal court for violations of any sections of this article and assessment of any and all other penalties as provided herein or by law.

    (f)

    The alarm coordinator shall be responsible for determining which alarms constitute false alarms as defined by section 23-52. A record of all false alarms shall be maintained by the alarm coordinator.

    (g)

    At the time of the third false alarm for any person within any registration year, the alarm coordinator shall give notice to the alarm user of such occurrence. Failure to receive a notice shall not be deemed to extend the terms or conditions of the registration or be a defense to the fees set forth in this section.

(Code 1967, §§ 5-7(g), (h), 5-8; Ord. No. 1227, § 1, 9-26-1994; Ord. No. 1346, § 1, 1-25-1999; Ord. No. 1348, § 1, 2-22-1999; Ord. No. 1609, § 3, 11-24-2008)