(a)   “Alarm System” means any assembly or equipment, mechanical or electrical, designed to signal a fire or other occurrence to which the fire department would be expected to respond.

(b)   “Alarm User” means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility who purchases, leases, contracts for or otherwise obtains or uses an alarm system or for the servicing, maintenance or monitoring of an alarm system.

(c)   “City” means the City of Cottonwood Falls, Kansas.

(d)   “False Alarm” means an alarm signal eliciting an urgent response by the fire department when a situation requiring an urgent response does not, in fact, exist, 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, misoperation, misuse, defect or negligence. The burden of proving that such alarm was not a false alarm shall be on the alarm business or alarm user.

(e)   “Fire Chief’ means the chief of the Cottonwood Falls Fire Department or his or her designee.

(f)   “Calendar Year” means those dates that run from January 1 to December 31 of each year.

(g)   “Sheriff’s Department Dispatcher” means a dispatcher on duty for the Chase County Sheriff’s Department.

(Ord. 895; Code 2015)

(a)   The Fire Chief or his or her designee may require inspection of any or all alarm systems installed with the City.

(b)   An Alarm User shall notify the Sheriff’s Department Dispatcher prior to any service, test, repair, maintenance, adjustment, alteration or installation of an alarm system that might activate a false alarm. Upon the completion of such service, test, repair, maintenance, adjustment, alteration or installation the alarm user notify the Sheriff’s Department dispatcher of such completion.

(c)   The Fire Chief or his or her designee shall be responsible for determining which alarms constitute false alarms as defined by this article. A record of false alarms shall be maintained by the fire chief or his or her designee.

(d)   At the time of the first false alarm within a calendar year, the Fire Chief or his or her designee shall notify the alarm user of the premises where the alarm activated by first class mail of such occurrence and that additional false alarms during the current calendar year could require the payment of fees to the City.

(Ord. 895; Code 2015)

(a)   Any alarm system which has had more than two (2) false alarms within the calendar year shall be subject to the following fees:

(1)   For the third false alarm-$50.00

(2)   For all subsequent false alarms-$150.00

(b)   The payment of the fees provided for by this article shall be submitted to the City Clerk’s Office within thirty (30) days of receiving notice that the fee is due.

(c)   Any alarm user who has been assessed a fee as provided herein may appeal such assessment to the Fire Chief or his or her designee by filing a written notice to appeal with the Fire Chief within ten (10) days of receipt of the notice that said fee is due. The filing of such notice shall stay the effect of the assessment of said fee until a hearing is held before the Fire Chief or his or her designee. The Fire Chief or his or her designee shall have the power to uphold or set aside the assessment of said fees. An alarm user dissatisfied with the determination of the Fire Chief or his or her designee may appeal the decision to the City Council, whose decision shall be final.

(Ord. 895; Code 2015)