5-10-5: MAINTAINING PUBLIC NUISANCE ALARM:

   A.   Prohibited: No person shall maintain, operate, use or attempt to use an alarm system which generates more than one false alarm in a calendar year. (1952 Code § 6-15-05)

   B.   Service Fee: Any alarm system maintained, operated, used or attempted to be used in violation of this section shall be deemed a public nuisance alarm. In addition to reimbursement or any other remedy available to the City, the City may impose a service fee for each and every false alarm after one within the calendar year as determined by the fee schedule on file in the Police Department. (1952 Code § 6-15-05; amd. 2019 Code)

   C.   Notice Of Public Nuisance: Where the alarm system is deemed a public nuisance as provided in this section, the alarm officer shall provide the alarm user written notice informing the alarm user of the penalty status and the finding of public nuisance.

   D.   Special Rule For Public Schools: The fee for the second false alarm in any calendar year is waived for an alarm system at any public or private elementary or secondary school. The third and subsequent false alarms in any calendar year are charged at the standard service fee rate.

   E.   Review By Alarm Officer:

      1.   The alarm user may request the alarm officer to review and reconsider the determination of public nuisance by submitting a written request to the alarm officer within ten (10) days upon receipt of the notice of penalty status and nuisance. Failure to submit a written request in compliance with this subsection is deemed a waiver of any and all rights to appeal.

      2.   The alarm officer shall review the determination and send the alarm user his findings as to whether the alarm system is a public nuisance in writing by certified mailing within fifteen (15) days.

   F.   Appeal To City Council: The alarm user may request a hearing before the City Council after filing a written notice of appeal to the City Clerk no later than ten (10) days after mailing of the alarm officer's finding of public nuisance. (1952 Code § 6-15-05)