PreviousHomeNext

(B)     A Person commits an offense if he/she operates an Alarm System during the period in which his alarm registration is suspended and is subject to enforcement and penalties set in Section 12. An Alarm Company commits an offense if it continues to request Law Enforcement dispatch to an Alarm Site after notification by the Alarm Administrator that the registration has been suspended or revoked and is subject to enforcement and penalties set in Section 12.

(C)     Unless there is separate indication that there is a crime in progress, the Law Enforcement Authority may refuse law enforcement response to an Alarm Dispatch Request at an Alarm Site for which the alarm registration is suspended.

(D)     If the alarm registration is reinstated pursuant to Section 10, the Alarm Administrator may suspend alarm response if it is determined that two (2) False Alarms have occurred within sixty (60) days after the reinstatement date.

SECTION 9.       NOTIFICATION

The Alarm Administrator shall notify the Alarm User in writing after the first, second and third False Alarms. The notification shall include: the amount of the fine for each False Alarm, notice that the Alarm User can attend Alarm User Awareness Class to waive a fine, the fact that response will be suspended after the fourth False Alarm and a description of the appeals procedure available to the Alarm User.

The Alarm Administrator will notify the Alarm User and the Alarm Company in writing after the fourth False Alarm that alarm response has been suspended. This notice of suspension will also include the amount of the fine for each False Alarm and a description of the appeals procedure available to the Alarm User and the Alarm Company.

SECTION 10.       APPEALS

(A)     An Alarm User may appeal the assessment of a fine, suspension, or request reinstatement to the Alarm Administrator. An appeal fee of $25 will accompany the appeal by the Alarm User. Appeal fees will be returned to Alarm User if the appeal is upheld. The filing of an appeal with the Alarm Administrator stays the assessment of the fine or suspension until the Alarm Administrator makes a final decision.
(1) The Alarm User shall file a written appeal to the Alarm Administrator by setting forth the reasons for the appeal within ten (10) days after receipt of the fine.

(B)     If the Alarm Administrator denies the issuance or renewal of an Alarm Registration, or suspends response, the Alarm Administrator shall send written notice of the action and a statement of the right to an appeal to either the applicant or Alarm User and the Alarm Company.

(C)     A second level of appeal is available to the Alarm Review Board in cases where the Alarm User is not satisfied with the decision reached at a lower level.
(1) The applicant or Alarm User or the Alarm Company on behalf of the Alarm User may appeal the decision of the Alarm Administrator to the Alarm Review Board by filing a written request for a review setting forth the reasons for the appeal within twenty (20) days after receipt of the notice from the Alarm Administrator.
(2) The Alarm Review Board shall conduct a formal hearing and consider the evidence by any interested Person(s). The Board shall make its decision on the basis of the preponderance of evidence presented at the hearing. The Board

PreviousHomeNext


FARA/NBFAA Model Burglar Alarm Ordinace         Revised 06/10/99Page 13
-171-