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§ 65-6Avoidable alarms. A. General provisions. (1) For the purposes of this section, an “Avoidable Alarm” shall be defined as the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner, user, custodian or lessee of an alarm system, or of his employees, requiring an emergency response when, in fact, an emergency does not exist. An alarm also includes intentional activation of an alarm system when the activator knows an emergency situation does not exist. (2) An Avoidable Alarm does not include alarms activated by violent conditions of nature or similar cases beyond the control of the user, owner or operator of the alarm system. The activation of an alarm system under any circumstances in which the activator reasonably believes that an emergency situation exists shall not be deemed to be an Avoidable Alarm. B. Charges. An owner or lessee of real property to which an emergency agency responds as a result of an Avoidable Alarm shall pay a fee for each such response as set forth in the Schedule of Fees for Avoidable Alarms. The fees will be assessed based on the previous calendar and payable upon receipt of written notice. C. Notice of excessive use. The owner or lessee of real property which received an emergency response by reason of an Avoidable Alarm shall be notified, in writing, by means of first class mail, of all Avoidable Alarms from the previous calendar year. The letter shall inform the owner or lessee of the times and types of emergency responses provided to the address location and shall also contain a copy of this Alarm Code. D. Administrative review. The Chief of Police and the Supervising Code Enforcement officer shall establish a policy and procedure whereby an owner of real property or lessee thereof on which an alarm system has been installed and who has been notified of an Avoidable Alarm may present evidence as to why any such alarm should not be classified as an Avoidable Alarm. The Chief of Police and 23