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As used in this chapter, the following words and phrases shall have the following meanings:
(a) “Alarm system” means any device, which is designed or used for the detection of burglary or attempted burglary, or for alerting others of the commission of a robbery or attempted robbery within a building, structure or facility, or both, and which emits a sound or transmits a signal or message when activated for the purpose of deterring the intruder, or notifying another person of any of the above, and includes systems that transmit the signal or message directly to the Division of Police. “Alarm system” does not include any such device used exclusively to protect a residential premises. “Alarm system” does not include alarms on motor vehicles.
(b) “Alarm system user” means the person who owns, has control of, or the right to possession of the premises on which an alarm system is operated.
(c) “Division of Police” means the Division of Police in the Department of Public Safety of the City of Cleveland.
(d) “Chief of Police” means the Chief of the Division of Police of the City of Cleveland.
(e) “Person” means an individual, firm, partnership, association, corporation, company or business of any kind.
(f) “Unnecessary alarm” means the activation of an alarm system whereby the Division of Police is summoned to a location when there is no incident occurring nor is there any evidence of any incident having occurred or having been attempted, as reported by the alarm. “Unnecessary alarm” shall also mean any violation of Section 670A.04. “Unnecessary alarm” shall not include alarms obviously attributable to extreme weather conditions, or power outages, the burden of proof of such exceptions to this section being on the alarm system user.
(Ord. No. 906-18. Passed 8-15-18, eff. 8-17-18; Am. Ord. No. 1163-18. Passed 10-29-18, eff. 10-31-18)
If more than two (2) unnecessary alarms occur at a particular location in a given calendar year then the Chief of Police shall invoice the alarm system user in the sum of one hundred thirty dollars ($130.00) for reimbursement of a portion of the costs of responding to the third and any subsequent unnecessary alarm.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
(a) Each alarm system user shall register with the Commissioner of Assessments and Licenses using forms designated by the Commissioner for this purpose, and shall provide the name of the user, the location of the premises on which the alarm system is in operation, and other information as the Commissioner shall require.
(b) Each alarm system user on whose premises an alarm system is in operation on the effective date of this section shall initially register within ninety (90) days of the effective date of the section. Each alarm system user on whose premises an alarm system is placed in operation after the effective date of this section shall initially register not later than the date on which the system is placed in operation.
(c) After the initial registration required by division (b) of this section, such registrations shall be issued as of January 1, and shall expire on December 31, next succeeding. Each registered alarm system user shall re-register each year before January 1. The period from July 1, 2018 through December 31, 2018 shall apply to the 2019 calendar year registration.
(d) Each alarm system user shall pay a fee of twenty-five dollars ($25.00) for each registration or re- registration required by this section.
(e) No alarm system user shall fail to register as required by this section.
(Ord. No. 906-18. Passed 8-15-18, eff. 8-17-18; Am. Ord. No. 1163-18. Passed 10-29-18, eff. 10-31-18)
All bells, sirens, or other noise sources that sound in the event of an alarm are, if located in residential areas, to cut off automatically within fifteen (15) minutes after the alarm has been activated or, if located in commercial areas, to cut off automatically within thirty (30) minutes after the alarm has been activated. Each violation of this section shall constitute an unnecessary alarm with regard to other provisions in this chapter. Audible alarms shall not resemble the sound of any emergency signal or civil defense alarm or siren.
(Ord. No. 1585-90. Passed 1-7-91, eff. 2-16-91; Reprinted 1-23-91 CR)
Any person who has been invoiced pursuant to Section 670A.02 may request, in writing, within thirty (30) days of the date of invoice, a hearing by the Chief of Police or his or her designee for the purpose of presenting evidence that an unnecessary alarm did not occur, or that the person invoiced is not the alarm system user. Upon the establishment by the Division of Police of a prima facie case supporting the invoice, the burden of proof shall shift to the person who requested the hearing. The rules of evidence applicable to courts of law shall not be strictly applied.
If the Chief of Police or his or her designee determines, by a preponderance of the evidence, that an unnecessary alarm did not occur, or that the person invoiced pursuant to Section 670A.02 is not the alarm system user, then the charges shall be voided, otherwise the charges shall be due and payable.
(Ord. No. 1585-90. Passed 1-7-91, eff. 2-16-91; Reprinted 1-23-91 CR)
Any person subject to an adverse finding by the Chief of Police or his or her designee pursuant to Section 670A.05 may appeal the finding to the Board of Building Standards and Building Appeals. The notice of appeal shall be in writing and shall be filed with the Board of Building Standards and Building Appeals within ten (10) days of the finding of the Chief of Police or his or her designee. The Board shall approve, modify or annul the finding from which the appeal is taken.
(Ord. No. 1585-90. Passed 1-7-91, eff. 2-16-91; Reprinted 1-23-91 CR)
The Director of Public Safety shall file a report with the Clerk of Council by the 15th of February each year, containing the number of unnecessary police alarms that occurred and the amount of monies that were reimbursed to the City pursuant to Section 670A.02 in the previous calendar year.
(Ord. No. 1585-90. Passed 1-7-91, eff. 2-16-91; Reprinted 1-23-91 CR)
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