means the activation of a burglary and/or robbery alarm by a cause other than forced or unlawful entry or attempted forced or unlawful entry to the premises and at a time when no burglary or robbery or unlawful entry is being committed or attempted on the premises.

is defined as a police response to a false alarm at premises where no other false alarm has occurred within the preceding six-month period.

is defined as any action the Police Department may take to turn off a false alarm or investigate a specific case of false alarm. Said action includes both premises visits and telephone calls. However, if the Police Chief determines that a false alarm resulted from a cause completely beyond the resident's control, such as power failure, vandalism, earthquake, or other natural disaster, the Police Chief may deem that the resulting police response is not one requiring the penalties hereunder.

(Ord. 97-329 § 1; Ord. 98-346 § 1; Ord. 17-578 § 1 (Exh. C (part)), 2017)

§ 6.04.020 False alarms – Procedures and fees.

For a police response to any false alarm, the Town may charge and collect fees as set forth in Section 3.32.010 subject to the following requirements:

There shall be no fee for a first response. The Police Chief is authorized to require a written report of the case that specifies the cause of the false alarm and the corrective action taken, including any work performed by authorized service people. The resident shall have seven days to deliver the required report to the Police Chief. Failure to deliver the report within seven days shall be a violation of this chapter.

For a second police response to the same premises within six months after a first response, an administrative fee shall be charged as set forth in Section 3.32.010, but:

The Police Chief may require a written report, as in the case of a first response;

The Police Chief is authorized to inspect or cause to be inspected the alarm system involved, at the risk and expense of the resident, and is authorized to prescribe any corrective action he/she considers reasonably necessary;

The Police Chief shall notify the resident of the requirements of this chapter;

Once the Police Chief deems that the corrective actions have been completed satisfactorily, the Town may refund up to one hundred dollars of the administrative fee. Failure to pay the administrative fee and to perform requested corrective actions within thirty days shall be a violation of this chapter.

For a third police response and each additional response to the same premises within six months after a second response, an administrative fee shall be assessed as set forth in Section 3.32.010. Failure to pay the administrative fee and to perform requested corrective actions within ten days shall be a violation of this chapter.

The Police Chief may suspend or cancel assessments herein if the Chief finds that the alarm system has been corrected to prevent recurrent false alarms.

(Ord. 97-329 § 2; Ord. 98-346 § 2; Ord. 04-431 § 5, 2004; Ord. 17-578 § 1 (Exh. C (part)), 2017)

§ 6.04.030 Appeal of administrative fees.

All parties aggrieved by assessment of the administrative fee provided herein may appeal the assessment to the Mayor or the Mayor's designee by filing a notice of appeal with the Town Clerk within ten days of the assessment.

Such written appeal shall contain:

A caption reading: "Appeal of _____________" giving the names of all appellants participating in the appeal;

A brief statement setting forth the legal interest of each of the appellants in the property involved in the proceeding;

A brief statement in concise language of the specific action protested, together with material facts claimed to support the contentions of the appellant;

A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed, modified or otherwise set aside;

The signatures of all appellants, and their official mailing addresses;

The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

Timely filing of an appeal shall stay the assessment of the administrative fee or required corrective action until the appeal is disposed of by the Mayor or the Mayor's designee or withdrawn.

The Mayor or designee shall uphold the assessment of the administrative fee unless he or she determines that sufficient mitigating circumstances are present. In determining whether or not such mitigating circumstances exist, the Mayor or designee may consider such things as:

The amount of time which has passed since the last preceding false alarm at the residence;

Whether inclement weather played a role;

Whether the owners have attempted corrective actions on the alarm system since the last preceding false alarm; and

The actual cost to the Town of responding to the false alarm.

All decisions by the Mayor or the Mayor's designee shall be in writing with a copy to the Police Chief and to all parties of record.

(Ord. 97-329 § 3; Ord. 98-346 § 3; Ord. 17-578 § 1 (Exh. C (part)), 2017)

§ 6.04.040 Violation – Penalty.

A violation of this chapter shall be a misdemeanor, and a person convicted thereof shall be punishable by a fine of not more than five thousand dollars.

(Ord. 97-329 § 4; Ord. 98-346 § 4; Ord. 17-578 § 1 (Exh. C (part)), 2017)