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"Accidental alarm" means an alarm, message, signal, or notice received <br />by the fire department as a result of the failure of a fire alarm system to function <br />properly. <br />"Manually activated alarm system" means a nonresidential alarm system <br />which is activated while the business is open and/or occupied and activated by <br />the deliberate acts of an employee, or a residential alarm system designed to be <br />activated by a tenant from within a residential unit. It does not include manual pull <br />stations activated from areas accessible to the public. <br />"Automatic alarm system" means an alarm system other than a manually <br />activated alarm system. It does not include manual pull stations activated from <br />areas accessible to the public. <br />When accidental alarms are received by the fire department, the fire chief <br />is authorized to demand that the user of the responsible fire alarm system <br />correct, replace, or disconnect such system. <br />~ Except as otherwise provided in subsection (d) of this section, any person <br />having an alarm system which results in a fire department response in which the <br />alarm proves to be an accidental alarm shall pay a penalty assessment fee to the <br />city as follows: <br />Accidental alarms received by the city fire department from <br />automatic alarm systems which are in excess of the maximum <br />allowable number. as set forth in paragraph (3) of this subsection, <br />shall result in an automatic alarm penalty assessment in such <br />amount as shall be set by resolution of the city council. <br />Alarms from manually activated alarm systems which are in excess <br />of the maximum allowable number of false alarms, as set forth in <br />paragraph (3) of this subsection, shall result in a manually activated <br />alarm penalty assessment in such amount as shall be set by <br />resolution of the city council. <br />Penalty assessments shall be made for accidental alarms which <br />number more than one (1) in any thirty-day period; or more than <br />two (2) within any ninety-day period; or more than three (3) within <br />any one-year period. <br />Commencing with the date of a new alarm installation and continuing until <br />the date six (6) months thereafter, or until there have been three (3) accidental <br />alarms from such new alarm installation, whichever first occurs subsection (c) of <br />this section shall not apply to accidental alarms from such new alarm installation. <br />~ The fire chief reserves the right to discontinue response by fire department <br />Ordinance No. NS-XXXX <br />Page 32 of 48 <br />75C-40 <br />