§ 8.04.050. False alarms—Violations and penalties.

A.

If, within a calendar year, the Fire and/or Police Departments respond to more than two false alarms at the same location, response fees will be charged to the property owner, as defined by separate ordinance, in accordance with the fee schedule in effect at the time of the response. The Council of the City of Salisbury shall set the fee schedule from time to time as the Council deems appropriate. Prior to January 31 ^st of each year, for the purpose of setting a fee schedule, the Police Department and Fire Department shall provide the Council with up-to-date response fees from each department.

Failure to pay said fees within ninety (90) days of the date on the notification of the violation will result in a lien against the real property until the fees are satisfied and shall be collectible in the same manner as real estate taxes and accrue interest and penalties, if applicable, as allowed for unpaid real estate taxes as well.

B.

Newly installed and newly transferred alarm systems will be given a thirty (30) day grace period to allow for correction 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 or transferring a system shall notify the Police and Fire Departments in writing of the new installation or transfer, including the effective date, within ten days of the effective date.

C.

The chief of police and the fire chief will maintain accurate records of false alarm occurrences. A bill will be sent by mailing said bill to the property owner of record of the subject location, the designated agent, if any, and the occupant of the property if known to the Director of Finance. The Director of Finance will send the bills for occurrences one to five. The Director of Housing and Community Development Department will send the bills, when the number of occurrences is six or more.

D.

If the false alarm bill remains unpaid for more than ninety (90) days, the Director of Finance shall place a lien against the subject real property by forwarding to the last known address of the owner as recorded in the real estate assessment records of the city by written notice, a notice of lien, and such receipt shall constitute a 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 or residing at the subject location or by posting the written notice in a conspicuous place in or about the structure or property affected by such notice.

E.

Municipal Infraction. For any violation occurring after the fifth false alarm response by the same responding department within the same calendar year, the person owning and/or in control of the subject real property shall be guilty of a municipal infraction and shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense as established in the table listed below. Each false alarm response thereafter within the same calendar year shall constitute a separate offense. Notice and service of a citation shall be as directed under Local Government Article of the Maryland Annotated Code Section 6-101, et seq. and Section SC5-1(38), as amended, concerning municipal infractions. The Chief of Police, the Fire Chief and the Housing Official are designated by the Council to direct the designated persons within their departments to act as enforcement officers for the purpose of preparing and carrying out the requirements for issuing and serving municipal infractions.

The amount of a fine shall be in accordance with the table below:

FALSE ALARM OCCURRENCE/FINE	POLICE	FIRE
6th	100.00	100.00
7th	200.00	200.00
8th	300.00	300.00
9th	400.00	400.00
10th	500.00	500.00

 

(Ord. No. 2326, 4-27-2015; Ord. No. 2361, 11-9-2015; Ord. No. 2446, § 10-9-2017 )