§ 70-32. Enforcement.

Enforcement for violations of this article shall be carried out in accordance with this section.

(a)

Excessive false alarms. It is hereby found and determined that two or more false alarms within a calendar year is excessive, constitutes a public nuisance and shall be unlawful. Excessive false alarms within a calendar year will result in the assessment of civil fines against the alarm user and may result in the imposition of nonresponse status for the registration.

(b)

Failure to obtain a registration. No alarm system shall be used unless the alarm user first registers the alarm system with the county or its designee. Violations and administration of this provision shall be handled as follows:

(1)

Failure to obtain a registration will result in the assessment of a civil fine of $100.00 against the alarm user the first time the emergency communications center receives an active alarm signal from the premises prior to a registration being obtained.

(2)

Where a registration was not obtained and a civil fine was imposed based upon an active alarm signal, such fine may be waived if the alarm user complies with the alarm registration requirements within 30 days from the date of the invoice.

(3)

Where a registration was not obtained and civil fine was imposed based on an active alarm signal, if the alarm user fails to pay such fine within 60 days of the date of invoice, the user's registration will be placed in non-response status.

(4)

All false alarm signals received by the emergency communications center from a premise prior to a registration being obtained will be accounted for when the registration is issued, and the alarm user will be subject to civil fines for false alarms accruing prior to the registration issuance date in accordance with the amounts reflected on the civil fine schedule.

(c)

Civil fine schedule . Alarm users shall be fined for excessive false alarms in a calendar year and/or failure to obtain a registration or to register during the registration year in accordance with the following schedule.

First false alarm ..... No fine

Second false alarm ..... $50.00
or alarm user
awareness class

Third false alarm ..... $75.00

Fourth false alarm ..... $100.00

Fifth false alarm ..... $125.00

Sixth false alarm ..... $150.00

Seventh false alarm ..... $200.00

Eighth false alarm ..... $250.00

Ninth false alarm ..... $300.00

Tenth plus false alarms ..... $400.00

Failure to obtain alarm registration ..... $100.00

Any other violation of article II, alarm systems, will be subject to the assessment of a civil fine in the amount of $100.00 for each violation.

(d)

Payment of civil fines. All civil fines shall be due within 30 days from the date of the invoice. Civil fines not paid within 30 days from the date of the invoice shall be considered delinquent.

(e)

Limitations on responses for excessive false alarms or nonpayment. When an alarm user has more than ten false alarms during a calendar year or when an alarm user is 60 or more days delinquent on payment of any civil fine, the alarm user's registration will be placed in nonresponse status. Any registration in nonresponse status that meets the criteria for dispatch remains subject to fines in amounts set forth in the civil fines schedule as if the registration were active and in full response.

(f)

Procedure for appeal of nonresponse status. An alarm user may appeal the non-response status of a registration. Normal alarm responses by CCPD will be restored under the following circumstances:

(1)

When an alarm user files an appeal; and

(2)

When the alarm user who has had ten or more false alarms on a registration during the calendar year presents satisfactory proof to the alarm administrator that successful measures have been taken to correct the cause of the false alarms; or

(3)

When the county receives full payment from the alarm user of delinquent civil fine(s) that has (have) not been paid within 60 days.

(g)

Nonresponse status after appeal granted. In the event an appeal is granted and the alarm registration is restored to active status based upon successful measures to correct the cause(s) associated with ten or more false alarms during the calendar year, CCPD response will be restored. In such instances, any additional false alarm occurring in the same calendar year will result in the registration being returned to nonresponse status and the alarm user being subject to the continuing assessment of civil fines at the rate shown for ten or more false alarms occurring within the calendar year.

In the event the appeal is granted and the alarm user is restored to active status based upon the payment of one or more delinquent fine(s), CCPD response will be restored. In such instances, fines associated with any further violations will be assessed in accordance with the civil fines at the rate shown on the civil fine schedule.

(h)

Civil violation. A violation of any of the provisions of this article shall be a civil violation.

(Amd. of 2-26-08, eff. 1-1-09; Amd. of 2-23-10; Amd. of 2-24-15)