§ 32-37. False alarms.

(a)

Penalty. An alarm system user shall pay the Lafayette City-Parish Consolidated Government, through the alarm administrator, a penalty for excessive false alarms and may suffer the suspension or revocation of permit. The determination of excessive false alarms shall be based on the 12-month period of the permit.

(1)

Dispatches to residential sites. For the first three false alarms, there will be no charge but the user will receive an on-site written notice and/or warning letter. For false alarm dispatches four through seven, the user shall be fined $25.00 per dispatch and shall receive an on-site written notice. For false alarm dispatches eight through ten, the user shall receive a fine of $50.00 per dispatch and an on-site written notice. For false alarm dispatches 11 through 15, the user shall receive a fine of $75.00 per dispatch and an on-site written notice. Upon the occurrence of the 16th false alarm dispatch, the user shall receive an on-site written notice and/or notice by certified mail and the suspension of the permit or notice that there may no longer be police response.

(2)

Dispatches to commercial/business sites. For the first three false alarms, there will be no charge but the user shall receive an on-site written notice and/or warning letter. For false alarm dispatches four through seven, the user shall be fined $25.00 per dispatch and shall receive an on-site written notice. For false alarm dispatches eight through 11, the user shall receive a fine of $50.00 per dispatch and an on-site written notice. For false alarm dispatches 12 through 15, the user shall receive a fine of $75.00 per dispatch and an on-site written notice. For false alarm dispatches 16 through 20, the user shall receive a fine of $100.00 per dispatch and an on-site written notice. Upon the occurrence of the 21st false alarm dispatch, the user shall receive an on-site written notice and/or notice by certified mail and the suspension of the permit or notice that there may no longer be police response.

(3)

Additional penalty. As an additional penalty, the alarm administrator may request that an alarm user attend a mandatory false alarm prevention class for six or more non-excused false alarm dispatches. The failure to attend a scheduled mandatory false alarm prevention class shall result in an additional fine of $50.00 for non-compliance.

(4)

Determination of excessive false alarms. For purposes of the determination of excessive false alarms, multiple false alarms encountered in any one night shall be researched by the alarm administrator who shall determine if more than one should be counted as a false alarm.

(b)

Fine. Any person operating an alarm system which is not registered, suspended or to whom a notice of a nonpolice response letter has been issued will also be subject to a citation and assessment of a $50.00 fine for each false alarm dispatch, in addition to any other fines. The alarm administrator may waive this additional fine for a nonregistered system if the alarm user applies for registration within ten days after such violation.

(c)

Age or handicap waiver. Senior citizens 65 years or older, or certifiably handicapped citizens operating a residential alarm may have a fine waived by the alarm administrator if it is found that the activation of the alarm was the result of confusion, panic or other similar cause linked directly to the user's advanced age or disability. In such a case, the user must cooperate with and agree to receive training on the proper use of the alarm system. Failure to cooperate and receive training will result in the assessment of the appropriate fine.

(d)

Service waiver. An alarm user operating an alarm shall have a fine waived by the alarm administrator if the alarm user can prove that within five working days after the notice of the false alarm, the user has had the alarm system monitoring company or the alarm business which sells and services the alarm come to the alarm site, diagnose the alarm system and correct the mechanical failure and/or malfunction, if any. Proof of this service, diagnosis and/or corrective measures, if any, must be furnished to the alarm administrator within ten days from the date of service of the alarm system. Proof of the service can be made by the production of a service invoice from the alarm system monitoring company or the alarm business. The company or business must actually go to the alarm site to render the service, diagnosis and/or corrective measures, if any. The company or business may not mail a service invoice to the alarm user without actually having gone to the site. Any attempt by the alarm system monitoring company or the alarm business to furnish a service invoice without actually having gone to the site, made a diagnosis and/or provided corrective measures, if any were necessary, will constitute a violation of this article and will subject the company or business to the penalties set forth in section 32-34.

(e)

Valid dispatch requests. Alarm dispatch requests, caused by actual criminal offenses or with evidence of a criminal attempt, shall not be counted as a false alarm dispatch.

(f)

Cancellation. Any alarm monitoring service shall have the right to notify the appropriate law enforcement agency of the cancellation of an alarm notification and, provided the notice is timely, shall not thereafter be credited with a false alarm for that alarm. Timely notification shall be notification by telephone to the police dispatch or to 911 prior to the time the responding officer reaches the alarm site.

(g)

No notification of false alarm. In the interest of increased personal or business security, any alarm user shall have the right to notify law enforcement agencies on the alarm user's permit application that law enforcement should not accept any communications of a false alarm at the user's system and should respond to each and every alarm notification, in which event the alarm user forfeits any right to give notification of false alarms as provided in this subsection.

(h)

Notice of false alarm. The chief of police, through his designee, shall give to each permit user written notice of each false alarm attributed to that permit user as soon as possible after the occurrence of the false alarm. The written notice may be left at the scene of the false alarm or may be given by United States mail, postage prepared to the person to be notified. The alarm user permit holder may, within ten days after the receipt of such notice, present evidence to the police department indicating that any alleged false alarm was not, in fact, a false alarm. Any adverse determination made by the chief of police, or his designee, may be appealed by the permit holder to alarm review board within 20 days of notice of the adverse determination.

(i)

Revocation. Failure to respond to the second notice of nonpayment of any fine, which notification shall be designated by the term "final notice" within 30 days after the date of any such second notice, shall result in immediate revocation of the permit.

(j)

Training waiver. An alarm permit holder may be able to have a false alarm fine waived upon the payment of all prior fines imposed through this section and the submission of written documentation and proof that the user has attended training recognized by the alarm industry as training directed to the reduction of false alarms. This waiver will be available only once for each permit location every three years.

(k)

Funds. All funds derived from the permits issued and/or the fines set forth in this article, except those fines imposed and collected by any court of competent jurisdiction, shall be deposited in the general fund. Except for fines collected by any court of competent jurisdiction, it shall be the responsibility of the police department, section 32-37, or its designated collection agency to collect all permits and fines.

(Ord. No. O-246-98, § 4¼-5, 9-23-98; Ord. No. O-114-2008, § 5, 6-17-08)