(a) “Alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity requiring urgent attention and to which police would be expected to respond.
(b) “Alarm user” means any person, firm, partnership, association, corporation, business, company or organization of any kind in control of any building, structure, premise or facility on which an operating alarm system is located.
(c) “Burglary alarm system” means an automated alarm system signaling any entry or attempted entry into an area protected by the system.
(d) “Chargeable false alarm” means a false alarm which is counted against the alarm user for the purpose of determining when and the amount of any alarm fee to be assessed.
(e) “City” means the City of La Cygne, Kansas.
(f) “False alarm” means an alarm signal, eliciting an urgent response by police when a situation requiring an urgent response does not, in fact, exit, but does not include an alarm signal caused by violent conditions of nature. A false alarm may be the result of, but not limited to, mechanical or electronic failure, malfunction, improper installation, improper adjustment, accidental tripping, disoperation, misuse, defect or negligence of a person. The burden of proving that such alarm was not a false alarm shall be on the alarm user.
(g) “Nonchargeable false alarm” means a false alarm that, due to type, cause or circumstance, will not be counted against the alarm user for the purpose of determining when the amount of any false alarm fee to be assessed.
(h) “Non-response” means police officers will not be dispatched to investigate a report of a burglary alarm system alarm signal.
(i) “Notice” means, unless otherwise specified herein, written notice, given by personal service upon the addressee, or given by United States mail, postage prepaid, addressed to the persons to be notified at his or her last known address. Service of such notice shall be effective upon completion of personal service, or upon placing of the same in the custody of the United States Postal Service.
(j) “Police Chief” means the Chief of Police of the City of La Cygne, Kansas, or his or her designee.
(Ord. 1257; Code 2017)
(a) All alarm users will be allowed two (2) chargeable false alarms during a calendar month. After the first two chargeable false alarms within any calendar month, the Police Chief will provide “notice” to the alarm user of such occurrence and that subsequent chargeable false alarms during the same calendar month will require the payment of a fee as set in the city’s fee resolution.
(b) The Police Chief will provide “notice” to the alarm user of all fees due to the City for chargeable false alarms and payment of the fees by the alarm user shall be submitted to the City Clerk’s office within 30 days of notice that such fee is due.
(c) An Alarm user who has been notified that a chargeable false alarm has been recorded and fee assessed against him/her may appeal such assessment of fee within 15 days of the date of the notice of such fee assessment to the City Council of La Cygne, Kansas, for an administrative hearing. The written notice shall be filed with the City Clerk and a copy of the notice of appeal delivered to the Chief of Police. The filing of a written appeal under this subsection shall stay any false alarm fee assessed by the Chief of Police.
(Ord. 1257; Code 2017)
(a) If no appeal is taken on an assessment for chargeable false alarm(s) and the alarm user has not paid fees assessed under Section 5-302 within 30 days of notice, the Chief of Police shall send notice by certified mail of non-response to the alarm user of any subsequent burglar alarms. The police non-response to burglar alarms shall remain in effect until the alarm user pays all fees assessed.
(b) Alarm users may appeal a non-response order to the City Counsel in writing within 15 days after receipt of the notice of non-response from the Chief of Police. Police response will continue while an appeal is pending.
(Ord. 1257; Code 2017)
(a) Nothing contained herein, to include but not limited to, non-response to burglar alarm orders or reinstatement orders issued by the Chief of Police, shall:
(1) Preclude the police department from responding on a discretionary basis to any alarm or communication describing emergencies or crimes in progress, or routine calls for service, or
(2) Be construed in any fashion to create a duty for the police to respond under any circumstance, or
(3) Limit the police department from assessing fees for false alarms.
(Ord. 1257; Code 2017)
(a) The hearing on appeal provided herein shall be conducted by the City Judge who shall sit as an administrative hearings officer for purpose of this section. The sole issue for determination by the administrative hearings officer shall be whether the decision of the Chief of Police was within the scope of his/her authority, supported by substantial evidence and not arbitrary and capricious. The administrative hearings officer shall make specific findings of fact and conclusions of law in each case.
(Ord. 1257; Code 2017)