ORDINANCE NO. 1939

 

An ORDINANCE of the City Council of the City of Salisbury to amend Section 8.04.050 (False Alarms) of the Salisbury Municipal Code.

 

 

WHEREAS, the City Council has determined that is in the best interest of the citizens of Salisbury to amend Section 8.04.050 of the City Code in order to provide an incentive for alarm users to properly maintain alarm systems and prevent false alarms that require a response from the Salisbury Police Department.

 

NOW, THEREFORE, be it enacted and ordained by the Council of the City of Salisbury in regular session that Section 8.04.050 of the Salisbury City Code is hereby amended as follows:

 

8.04.50                        False Alarms – Violations and Penalties.

 

A.                    If, within a calendar year, the police department responds to more than two false alarms at the same location, the following response fees will be charged to the property owner.

 

            FALSE ALARM OCCURRENCE                                                      FEE

  1st                                                                              $  0.00

  2nd                                                                                 0.00

  3rd                                                                                50.00

  4th                                                                              100.00

  5th                                                                              150.00

  6th                                                                              200.00

  7th                                                                              250.00

  8th                                                                              300.00

  9th                                                                              400.00

10th                                                                              500.00

11th                                                                              600.00

12th                                                                              700.00

13th                                                                              800.00

14th and above                                                           1,000.00

 

            Failure to pay said fines within ninety (90) days of notification of the violation will result in a lien on the property until fines are satisfied.

 

B.                    Newly installed alarm systems will be given a thirty (30) day grace period to allow for corrections of equipment and user errors.  During the thirty (30) day period, the alarm user will be allowed unlimited false alarms, as long as steps are being taken to correct any problems.  The alarm company installing the new system shall notify the police department in writing of the new installation, including the effective date.

 

C.                    The director of finance will maintain accurate records of false alarms and will bill for payment thereof by mailing said bill to the property owner of the subject location.

 

D.                    If the false alarm bill remains unpaid for more than ninety (90) days, the director of finance shall commence with the placing of a lien against the subject property by forwarding to the last known address of the owner as recorded in the real estate assessment records of the city of Salisbury by registered or certified mail, with return receipt, a notice of lien, and such receipt shall constitute prima facie evidence of service upon such owner if it is signed either by the owner or by a person of suitable age and discretion located at such address.  In the event that delivery of said notice of lien is refused by the property owner or his agent, then valid service may be accomplished by hand-delivery of same to either the property owner or a person of suitable age and discretion employed by or residing at the subject location.  (Ord. 1907 (part), 2004)   

 

E.         If, after paying a false alarm fee, an alarm user experiences no false alarms for a continuous period of six (6) months, the director of finance shall reimburse the alarm user for its last false alarm fee.  To receive said reimbursement, the alarm user shall do the following:

 

1.         Make written request to the director of finance; and

2.         Provide the director of finance with a letter from a licensed alarm company certifying that the alarm user’s system has been inspected and is in good working order.

 

F.         In the event of a reimbursement, the false alarm for which the reimbursement is made will remain on the record as a false alarm occurrence.

 

AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that the changes set forth in this Ordinance shall take effect upon final passage.

 

THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the _____ day of ________________, 2005, and having been published as required by law, in the meantime, was finally passed by the Council on the ______ day of ____________, 2005.

 

__________________________                    ______________________________

Brenda J. Colegrove                                         Michael Dunn

City Clerk                                                        President of the City Council

                                                                        of the City of Salisbury

 

Approved by me this _______

day of ____________ 2005.

 

 

__________________________

Barrie P. Tilghman

Mayor of the City of Salisbury

 

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Salisbury, MD 21801-4940

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