§ 6-63. False alarms.

(a)

Any alarm system which has six or more false alarms within a permit year shall be subject to permit revocation as provided in this section.

(b)

If the alarm coordinator records six or more false alarms within a permit year for any alarm system:

(1)

The chief of police shall notify the alarm subscriber and the alarm installer providing service or inspection to the subscriber by certified mail of such fact and direct that the subscriber submit a report to the chief of police within ten days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarms.

(2)

If the alarm subscriber submits a report as directed, the chief of police shall determine if the actions taken or to be taken will prevent the occurrence of false alarms; if he determines that the action will prevent the occurrence of false alarms, he shall notify the alarm subscriber and the relevant alarm installer in writing that the permit will not be revoked at that time and that if one more false alarm occurs within the permit year the permit may be summarily revoked.

(3)

If no report is submitted, or if the chief of police determines that the actions taken or to be taken will not prevent the occurrence of false alarms, the chief of police shall give notice by certified mail to the subscriber that the permit will be revoked without further notice on the tenth day after the date of the notice if the subscriber does not file a written request within that period for a hearing.

(4)

If a hearing is requested, written notice of the time and place of the hearing shall be served on the subscriber by the chief of police through certified mail at least ten days prior to the date set for the hearing, which shall be set for not more than 21 nor less than ten days after the filing of the request for hearing.

(5)

The hearing shall occur before the city council and the chief of police. The alarm subscriber shall have the right to present written and oral evidence, subject to the right of cross examination. If the city council determines that six or more false alarms have taken place, the city council shall issue written findings to that effect and an order revoking the subscriber's permit.

(6)

An alarm subscriber shall immediately discontinue use of the alarm system upon being notified by certified mail of the revocation of a permit pursuant to subsection (b)(3) or (b)(5) of this section.

(7)

An alarm subscriber whose permit has been revoked may apply for a revoked subscriber's permit as provided in subsection 6-60(b). The chief of police shall not be required to issue a revoked subscriber's permit, unless he is satisfied that the subscriber's system has been properly serviced and its deficiencies corrected. The chief of police may impose reasonable restrictions and conditions upon the subscriber before issuing a revoked subscriber's permit. These restrictions and conditions shall be written on the permit and shall provide for summary revocation on the occurrence of six false alarms in the permit year.

(8)

In situations permitting summary revocation under subsection (b)(2) or (b)(7) of this section, revocations shall be effective on the third day following the mailing by certified mail by the chief of police of a notice of revocation. There shall be no appeal of a summary revocation.

(Ord. No. 969, § 7, 8-25-87)

State law reference

Revocation and suspension of permits, MCA 50-39-104.