§ 3.10.04. Alarm Activation and Fees.

(A)

The service-safety director is hereby authorized to make available alarm data sheets for subscribers to furnish alarm data to the police department in accordance with the terms of Sections 3.10.01 through 3.10.04 and require the submission of same to the Athens City Police Department by January 1 of each year. Failure by a subscriber to submit the alarm data sheets will result in all alarms being classed as false and subject to false alarm fees during such time that the data sheets are not filed with the police department.

(B)

The service-safety director shall have the authority to limit the total number of installations and/or connections and to cause the discontinuance of any alarm system connection to the public safety forces when deemed necessary for the safety and welfare of the community. An excessive number of false alarms may constitute cause for disconnecting an alarm system. Failure to maintain a list of persons to contact and failure of those persons to respond to the premises may constitute cause for disconnecting an alarm system. For purposes of fees, alarms from subscribers that are disconnected pursuant to this section will be treated as false alarms.

(C)

The installation and/or connection, modification, alteration, repair, relocation or removal of private alarm systems shall be made at the discretion and under the inspection of the service-safety director or his designated representative, and in each instance shall be at the sole cost and expense of the subscriber and vendor.

(D)

A fee of $50.00 shall be assessed for each false alarm to which the safety departments respond. After three false alarms in a given calendar year, the fee increases to $200.00 for each false alarm. After six false alarms in a given calendar year or for a third false alarm within 30 days, the fee increases to $500.00 for each false alarm. Failure of a subscriber to respond to the scene of an alarm in a timely manner will cause that fee to double. Fees for alarm systems are disconnected pursuant to Section 10.10.04(B) will be $500.00 for each alarm. Said fee shall be assessed against the owner or operator of the premises upon which the alarm system is located. The fees hereunder are applicable to all alarm systems, whether connected to city communication systems or not. The assessment of fees does not preclude or limit the city's right or authority to bring criminal prosecution or other legal action against any person for violation of the city's ordinance or state law.

(1)

There shall be no charge or fee for a false alarm to which there is no response by the safety departments, nor where the false alarm has been caused by lightning, windstorm or other such acts of nature as determined by the responding safety force.

(2)

False alarm is defined as any alarm for which there is neither criminal or perceived criminal activity requiring police intervention nor actual fire or fire-related incident that may require fire department response. False alarms do not include those alarms activated by persons not associated with the alarm system or the premises as long as the alarm subscriber does not summon safety forces and does actively pursue prosecution of the person(s) activating the false alarm and does take measurable actions to reduce or eliminate such false alarms.

(E)

The responding unit of the safety departments shall determine whether the activation of an alarm system constitutes a false alarm.

(F)

Any person aggrieved by the determination of the safety department that a false alarm has occurred may, within 30 days from notification by the safety department, appeal, in writing, to the service-safety director. The service-safety director shall afford the appellant the opportunity to present evidence that such alarm was not a false alarm. The decision of the service-safety director shall be final.

(G)

Any fee for a false alarm as provided for herein which remains unpaid for 30 days after the date of issuance of an invoice for such charge shall constitute cause for civil action to recover the fee, unless during such 30 day period the subscriber or vendor shall appeal as provided herein. If, at the conclusion of any appeal proceeding, it is determined that the fee for a false alarm is upheld, the appellant shall have 30 days from such decision in which to make payment for such fee.

(H)

The City of Athens shall assume no responsibility or liability nor shall it be liable or responsible in any manner or form whatsoever to any licensee for any reason arising by virtue of permitting the installation and/or connection of an alarm system to city-owned communication systems, nor shall the city assume any responsibility or liability or be responsible or liable to any subscriber or vendor of an alarm system when the same is provided to the subscriber or vendor through an intermediary of any commercial alarm system service, company or organization, nor shall any such company or organization represent to its clients that the city has any obligation, responsibility, liability or duty arising on its part by reason of the granting of any license under the provisions of Sections 3.10.01 through 3.10.04 of this Code.

(I)

Fees assessed may be appealed to the service-safety director within 30 days of notice being assessed. The service-safety director or designee will conduct a hearing and render a final determination as to whether the alarm was false or not. If the alarm is determined not to be false as defined herein, the fee will be waived.

(J)

All funds accruing to the City of Athens by reason of the fees and penalties assessed and collected under the provisions of this section shall be deposited in the general fund.