§ 9-212. False alarms.

(a)

For each false alarm from the alarm user's alarm system, an alarm user shall pay a false alarm response fee, as set forth in the following table:

FALSE ALARM SIGNAL OCCURRENCE	FALSE ALARM RESPONSE FEE
1st, 2nd, or 3rd	No fee
4th, 5th, or 6th	$50.00
7th, 8th, or 9th	100.00
10th, 11th, or 12th	150.00
13th or greater	200.00

 

(b)

False alarm response fees are payable within ten (10) days of the receipt of the notification that fees are due. The failure to pay the false alarm response fee within thirty (30) days of notification shall be grounds for revocation or suspension of such permit. Fees not paid within sixty (60) days shall be referred to the County Attorney for collection.

(c)

After an alarm user's alarm system has six (6) or more false alarms in a 12-month period, the alarm user must have the alarm system recertified by a licensed burglar and holdup alarm contractor. This recertification, along with a Twenty-five Dollar ($25.00) recertification fee, shall be submitted to the Chief within thirty (30) days after receipt of the notice that recertification is necessary. Failure to have an alarm system recertified as required by this Section shall be grounds to place the alarm user's system in a police nonresponse status or to revoke or suspend the alarm user's permit.

(d)

After an alarm user's alarm system has twelve (12) or more false alarms in a 12-month period, the alarm user must have the system upgraded to meet current County standards or upgraded to a more reliable system technology which shall include, but not be limited to, the installation of dual technology sensor devices. System upgrading must be accomplished within thirty (30) days after receipt of the notice that system upgrading is required. The system upgrade must be accomplished by a licensed burglar and holdup alarm contractor. The alarm system user shall submit a certification of the system upgrade, along with a Fifty Dollar ($50.00) certification fee, to the Chief. Failure to have a system upgraded as required by this Section shall be grounds to place the alarm user's system in a police nonresponse status or to revoke or suspend the alarm user's permit.

(e)

False alarm response fee waiver.

(1)

A false alarm response fee may be waived if the alarm system was activated by an act of God, including violent conditions of nature, such as blizzards, earthquakes, high intensity winds, extreme thunderstorms, lightening, electrical surges, or other extraordinary circumstances not reasonably subject to the control of the alarm system or alarm user. The request for a waiver of the false alarm fee shall be made in writing and shall include a statement which details the reason, if known, for the false alarm.

(2)

If it is determined by the Chief that a false alarm signal was due to an event beyond the reasonable control of the alarm user, the alarm signal event shall not be considered a false alarm and the fee shall be waived.

(3)

If alarm signals were caused by a malfunctioning alarm system which caused two or more false alarms in a twelve-hour period and the alarm user and the alarm monitoring business exercised their best efforts to limit alarm signals caused by the malfunction, all false alarms within a single twelve-hour period will be counted as one false alarm.

(f)

False alarm appeal process and filing fee.

(1)

An alarm user may appeal the determination by a police officer that an alarm signal was a false alarm to the Chief within ten (10) days after a notice of a false alarm is received by the alarm user.

(2)

The appeal must be in writing and contain sufficient information to determine whether the responding police officer's determination that the alarm signal was a false alarm was correct. Any appeal must be accompanied by a Twenty-five Dollar ($25.00) filing fee which shall be returned to the alarm user if the alarm signal is not determined to be a false alarm or if the false alarm fee is waived.

(3)

The Chief shall review the appeal and render a written decision based on the facts presented by the appeal. The Police Department's daily alarm records shall be prima facie evidence that a false alarm has occurred and shall constitute a presumption which may be rebutted by the alarm user. The appeal shall be resolved in favor of the alarm user unless a preponderance of evidence indicates that the alarm signal was a false alarm.

(4)

Any appeal of the Chief's decision of the Chief to uphold the determination of a false alarm shall be made to the Prince George's County Board of Administrative Appeals. The appeal shall be based on the record developed by the Chief, consisting of the Police Department's reports, the alarm user's written appeal and any documentation submitted therewith, and the Chief's determination.

(5)

The amount of the false alarm response fee is not appealable.

(6)

The alarm user must pay the false alarm response fee for a false alarm within thirty (30) days after receipt of the Chief's decision upholding the determination that a false alarm has occurred unless the alarm user appeals the determination to the Board of Administrative Appeals.

(7)

The Chief shall not hear any appeal regarding a dispute between an alarm user and an alarm monitoring business concerning responsibility for a false alarm or a series of false alarms.

(g)

Upon receipt of a notice of intent to revoke or suspend an alarm user's permit pursuant to Subsections (e) and (f) of this Section, the alarm permit holder may within ten (10) days of such receipt submit a written request by first class mail, return receipt requested, for a hearing before the Chief of Police setting forth the reasons that his permit should not be revoked or suspended. Written notice of the time and place of the hearing shall be served on the holder of the permit by the Chief of Police by certified mail at least ten (10) days prior to the date set for the hearing.

(h)

At the hearing before the Chief of Police, the alarm user, or his authorized representative, shall have the right to confront and examine witnesses, and to present evidence on his own behalf. After the hearing, the Chief of Police may either issue an order of revocation, withdraw the notice of revocation, or suspend the permit until reimbursement or such time that he is satisfied that the cause or causes of the false alarms have been eliminated.

(i)

Any alarm user whose permit has been revoked or suspended pursuant to this Section shall have the right, within ten (10) days after receiving notice of revocation from the Chief of Police, to file a written appeal by first class mail or hand delivery with the Board of Appeals; and no alarm user shall be required to discontinue use of his alarm system prior to the expiration of such ten (10) day period. Such appeal shall set forth the specific ground or grounds on which it is based. The Board of Appeals shall hold a hearing on the appeal within thirty (30) days after its receipt, and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing, the appellant or his designated representative shall have the right to present written or oral argument, or both, in support of his appeal. The Board of Appeals shall issue its decision within ten (10) days after the hearing.

(j)

If an alarm user files an appeal pursuant to Subsection (i) of this Section, he shall not be required to discontinue the alarm system until a final decision is made on his appeal.

(k)

If a monitored alarm system user permit is revoked or suspended, the alarm user's alarm business or monitoring company will be notified by the Chief to not request police dispatch on any alarm signal to the alarm user's location until the alarm user permit is reissued or the suspension is lifted.

(CB-122-1979; CB-25-1983; CB-49-1984; CB-80-1985; CB-29-1995; CB-102-1995; CB-66-2003)