CHAPTER 99
POLICE AND FIRE ALARMS
Section
99.04 Appeal of imposition of fees
99.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM SYSTEM. Any mechanism, equipment or device which is designed or used for the detection of an unauthorized entry into a building, structure, facility or enclosed area or a device utilized to alert others of the commission of an unlawful act, or a fire within a building, structure, facility or enclosed area, said device emitting a sound or transmitting a signal message when activated; provided, however, that this definition does not include local alarm systems.
FALSE ALARM. The activation of an alarm where the causal factor lacks validity in its notification of the appropriate department. A non-exclusive listing of examples of factors lacking validity shall include intentional, knowing, reckless or negligent activity on the part of the user or person on the property; improper installation; equipment misuse, malfunction or failure, and the performance of alarm system maintenance work without having first notified the Fire Department or Police Department of the city. A non-exclusive listing of alarms lacking validity but which are exempted from the preceding definition shall be: telephone line interruptions occurring outside of the premises where the alarm is located; alarms triggered by severe weather conditions or any other act of God; alarm trouble indications; and pre-arranged alarm system tests.
LOCAL ALARM SYSTEM. A device alerting only individuals located upon the premises which is subject to the commission of an unlawful act or fire, or the threat of an unlawful act or fire. An example of a LOCAL ALARM SYSTEM includes, but is not limited to, a home smoke detector or a home burglar alarm that does not directly alert the Plymouth Police Department by direct telephonic or other means.
SECOND-PARTY ALARM MONITORING AGENCY. Any private business, providing an alarm monitoring service to another person or entity, which, in the event of an activated alarm would telephone or otherwise notify the appropriate department to report said alarm. Such a SECOND-PARTY ALARM MONITORING AGENCY. is not considered a LOCAL ALARM SYSTEM.
(1994 Code, § 99.01) (Ord. 98-1708, passed 3-9-1998)
99.02 IMPOSITION OF FEES.
The owner of the property upon which an alarm system has been installed shall be the party against whom fees shall be imposed under this chapter. There shall be no fees imposed for 3 false alarms in any calendar year. However, upon the fourth false alarm in any calendar year, a fee of $25 shall be imposed against the owner of the real property upon which the alarm system has been installed. Upon the fifth false alarm in any calendar year, a fee of $50 shall be imposed. Upon the sixth and every subsequent false alarm in any calendar year the fee shall be $100.
(1994 Code, § 99.02) (Ord. 98-1708, passed 3-9-1998)
99.03 RESPONSE TO ALARM.
Whenever an alarm system is activated in the city, thereby requiring an emergency response on the premises by the Police or Fire Department and to which the Police or Fire Department responds, the senior officer on the premises where said alarm system is activated shall inspect the area protected by the system and shall determine whether the emergency response was required as indicated by the alarm system. If the senior officer on the premises of the activated alarm system determines the alarm to be false, the officer shall make a report of the false alarm and shall submit the same to the Chief of the Department. If the Chief concurs that the alarm was false, then notice of a false alarm shall be sent to the owner of the real property upon which the alarm system has been installed. The Chief shall keep a record of the number of false alarms for any particular property owner for each calendar year. Upon the occurrence of the fourth false alarm in any calendar year, the notice shall reflect the imposition of fees equal to those referred to above.
(1994 Code, § 99.03) (Ord. 98-1708, passed 3-9-1998)
99.04 APPEAL OF IMPOSITION OF FEES.
The owner of property in which an alarm system has been installed may object to the imposition of fees based upon this chapter and/or the determination that false alarms have occurred on the premises. The owner may appeal the decision to impose fees by filing a written objection with the Chief of the Department within 30 days of the date of the notice. This appeal shall be to the Board of Public Works and Safety who shall make the final decision on the imposition of any fees pursuant to this chapter.
(1994 Code, § 99.04) (Ord. 98-1708, passed 3-9-1998)