§ 34-43. Motor vehicle alarms.
(a)
Definition. The following term shall have the following meaning for purpose of this section:
Alarm system means a motor vehicle siren or home alarm system contained in or appurtenant to a motor vehicle, designed to activate and sound in the event of a break-in or attempted break-in of the vehicle.
(b)
Violation generally. It shall be unlawful for any motor vehicle equipped with an alarm system to activate and emit a siren or home noise, audible at a distance of 100 feet intermittently or continuously within a period in excess of 30 minutes. Any person who has custody of any such offending motor vehicle shall be deemed in violation of this section.
(c)
Violation deemed public nuisance. A violation of this section on the public streets or areas within the city is hereby declared public nuisance which may be abated by the removal of such vehicle upon authorization of a law enforcement officer. Prior to removing such vehicle, the law enforcement officer shall afford the owner or custodian of such vehicle the opportunity to disconnect or deactivate the alarm system at the scene. Otherwise, the vehicle shall be removed to an authorized facility. The law enforcement agency shall ascertain the name and address of the registered owner of such vehicle and provide written notice by certified mail, return receipt requested, within 24 hours of such removal, the reason(s) for the removal, and the place where such vehicle has been removed. The fees assessed for the removal of the vehicle may be appealed by filing a complaint in the county court and posting with the court a cash or surety bond or security equal to the amount for the removal and/or storage of the vehicle to ensure the payment of such in the event the owner or custodian of the vehicle does not prevail.
(d)
Penalty. A violation of this section on private property shall cause the person who owns or has custody of the offending vehicle to be fined $50.00. Any duly designated law enforcement officer and/or code enforcement officer is authorized and empowered to enter without force upon private property in order to detect and issue a citation or notice of violation to and upon the owner or custodian of the offending motor vehicle. The citation or notice of violation may be appealed in accordance with the procedures set forth in chapter 26 of this Code.
(e)
Exception. It shall not be a violation of this section if it is determined by the law enforcement officer and/or code enforcement officer that the siren or horn noise has been triggered by the unauthorized opening of the hood, truck or door(s) of the vehicle, by the breaking or attempted breaking of a window or by lightning, thunderstorms, or severe weather conditions.
(Ord. No. 4136-08, § 1, 4-21-2008)