Title 5 - Business Licenses and Regulations

5.06.050 False Alarms; Fees Required; Grace Period; Right of Appeal.

1. A.
   The following fees shall be assessed alarm users who have recorded "chargeable" false alarms within a permit year:

   1. 1.
      There shall be no fees assessed for the first and second chargeable false alarms.
   2. 2.
      There shall be a fee of $50.00 assessed for the third chargeable false alarm.
   3. 3.
      There shall be a fee of $100.00 assessed for the fourth chargeable false alarm.
   4. 4.
      There shall be a fee of $150.00 assessed for the fifth chargeable false alarm.
   5. 5.
      There shall be a fee of $200.00 assessed for the sixth chargeable false alarm.
   6. 6.
      There shall be a fee of $250.00 assessed for the seventh chargeable and each subsequent chargeable false alarm.
2. B.
   The payment of the fees provided for in paragraph (a)(1-6) of this section shall be submitted to the City Clerk's office within 30 days of receiving notice that such fee is due.
3. C.
   Failure to pay false alarm fees is a violation of this ordinance. Violations may be prosecuted in the municipal court.
4. D.
   If within the first 45 days of use, a permittee's alarm system signals a false alarm, the first false alarm during this period shall be considered a nonchargeable false alarm. This one-time-nonchargeable false alarm is intended to afford the permittee the opportunity to make adjustments and corrections in the alarm system. This nonchargeable false alarm shall be in addition to the two chargeable false alarms permitted each permit year that are not assessed false alarm fees. Provided, the provisions of this paragraph are not applicable to alarm users operating an alarm system without a permit. Upon request, permittees shall provide proof of alarm system acquisition and installation.
5. E.
   Any alarm user who has been notified that a chargeable false alarm has been recorded and assessed against him/her may appeal such assessment of false alarm to the Chief of Police or his or her designee by filing a written notice of appeal with the Chief of Police within 15 days of the date of the notice of such assessment of false alarm. The filing of such notice shall stay the effect of the assessment and false alarm fee until a decision on the appeal is rendered by the Chief of Police or his or her designee.
   Subsequent to considering the statements and other evidence of the person appealing, the Chief of Police or his or her designee shall have the power to uphold or set aside the assessment of chargeable false alarm and fees. Any person aggrieved by or dissatisfied with the decision of the Chief of Police or his or her designee, may within 15 days of the date of the decision, file a written notice or statement of appeal from said decision, to the Overland Park Municipal Court for an administrative hearing. The written notice shall be filed with the clerk of the municipal court and a copy of the notice of appeal delivered to the Chief of Police.

The filing of a written appeal under this subsection shall stay any false alarm fee assessed by the Chief of Police or his or her designee.

(History: Ord. APD-1982 §5, 96; APD-1957 §5, 95; APD-1912 §1, 95; APD-1897 §4, 94; APD-1809 §5, 93; APD-1403 §1, 86; APD-1336 §4, 85; APD-1140 §5, 81)

Effective on: 1/1/1901