[HISTORY: Adopted by the City Council of the City of Walhalla as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-18-2023 by Ord. No. 2023-4[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Fire Alarm Systems, adopted 6-13-2006 by Ord. No. 2006-5, as amended.
The title of this article shall be the "False/Nuisance Alarm Ordinance."
A. 
The purpose of this article is:
(1) 
To protect the citizens, visitors and buildings of the City of Walhalla.
(2) 
To promote economic and general welfare of the people of the City of Walhalla.
(3) 
To limit the danger and liability that the public and public safety services are exposed to.
B. 
The City of Walhalla Fire Department and Police Department respond on a regular basis to alarms which turn out to be false alarms. The Police and Fire Departments are unable to determine whether or not an alarm is false without responding to the call, thereby necessitating a response to each alarm. Responding to alarms requires the Police and Fire Departments to expend considerable manpower, fuel, apparatus and equipment maintenance costs and exposes them and the public to danger and liability due to the response level required.
C. 
The City of Walhalla assumes no responsibility for the installation, maintenance or repair of any required or nonrequired fire and/or burglar alarms.
D. 
It shall also be the responsibility of the alarm subscriber/property owner to maintain up-to-date keyholder information with the alarm company.
A. 
Residential.
(1) 
Every residence within the incorporated areas of the City of Walhalla that has a fire and/or burglar alarm system shall be considered in good standing to report a maximum of two false alarms per one-year period. After two false alarm responses that the City of Walhalla Fire Department and/or Police Department has responded, a fee can/may be levied against the owner or lessee as follows:
Number of False Calls/Year
Service Fee
1st alarm
$0
2nd alarm
$0
3rd alarm
$60
4th alarm
$120
5th alarm
$240
6th alarm
$480
(2) 
After six alarms have occurred that required response, each additional alarm after for the remainder of the year (12 months) shall be charged at $480 per alarm.
(3) 
The one-year (twelve-month) period shall start on January 1 and end on December 31 of each calendar year.
B. 
Commercial.
(1) 
Every commercial business within the incorporated areas of the City of Walhalla that has a fire and/or burglar alarm system shall be considered in good standing to report a maximum of two false alarms per one-year period. After two false alarm responses that the City of Walhalla Fire Department and/or Police Department has responded, a fee can/may be levied against the owner or lessee as follows:
Number of False Calls/Year
Service Fee
1st alarm
$0
2nd alarm
$0
3rd alarm
$125
4th alarm
$250
5th alarm
$500
6th alarm
$1,000
(2) 
After six alarms have occurred that required response, each additional alarm after for the remainder of the year (12 months) shall be charged at $1,000 per alarm.
(3) 
The one-year (twelve-month) period shall start on January 1 and end on December 31 of each calendar year.
After receiving and responding to two false alarms, for any additional false alarms for the remainder of the year (12 months), the City of Walhalla Fire Chief or his/her designee can/may present an invoice for the fee imposed. The City of Walhalla Fire Department shall keep a duplicate copy of the invoice on file. The offending party shall have 30 days to pay said invoice to the City of Walhalla. In the event that the offending party does not pay the invoice within 30 days, the City of Walhalla can/may file a civil action for the collection of said invoice. If the City of Walhalla files a civil action to collect said invoice, the City of Walhalla shall also be entitled to attorney's fees, court costs and costs incurred for collecting said invoice.
After receiving and responding to two false alarms, for any additional false alarms for the remainder of the year (12 months), the City of Walhalla Police Chief or his/her designee shall present an invoice for the fee imposed. The City of Walhalla Police Department shall keep a duplicate copy of the invoice on file. The offending party shall have 30 days to pay said invoice to the City of Walhalla. In the event that the offending party does not pay the invoice within 30 days, the City of Walhalla may file a civil action for the collection of said invoice. If the City of Walhalla files a civil action to collect said invoice, the City of Walhalla shall also be entitled to attorney's fees, court costs and costs incurred for collecting said invoice.
If any provision of this article shall be held or made invalid by a court decision, statute, or rule, or shall be otherwise rendered invalid, the remainder of this article shall not be affected thereby.
Nothing in this article hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in § 103-6 of this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
This article shall take effect and be in force from and after its approval as required by law.