(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“FALSE ALARM” and “ERRONEOUS ACTIVATION OF SECURITY ALARMS”. Any alarm activation or signal that alerts a government organization, which is not the result of an actual or threatened emergency requiring its immediate response. “FALSE ALARMS” include, but are not limited to, negligently or accidentally activated security alarms or signals; alarms or signals activated as the result of faulty, malfunctioning, or improperly installed or maintained equipment; or alarms or signals which are purposefully activated to summon police or emergency services during non-emergency situations. An alarm, or signal caused by an act of God or natural disaster, or a test of an alarm system in concert with the Police Department, shall not be considered a false alarm.
(B) No person who owns or controls premises shall permit a security alarm system to be erroneously activated or false alarm or signal to occur on the premises. There are hereby established penalties as follows for each erroneous activation of a security alarm system or false alarm occurring per calendar month within the city, except for the first erroneous activation or false alarm thereof in each calendar month. The penalty schedule shall be as follows:
(1) Second erroneous security alarm activation or false alarm in a calendar month - $20 penalty.
(2) Third emergency security alarm activation or false alarm in a calendar month - $40 penalty.
(3) Fourth and subsequent erroneous security alarm activation or false alarm in a calendar month - $80 penalty per occurrence.
(C) The Chief of Police or his or her designee shall maintain a record of such erroneous activations or false alarms and certify copies thereof to the Finance Officer/Treasurer each month. The Finance Officer/Treasurer shall thereupon send an invoice for the appropriate charges to the person or company who controls or owns the premises upon which the alarm system is located. Upon non-payment of the bill after a period of 30 days, an additional $20 penalty shall be added as a penalty for the non-payment. After 60 days of non-payment, the city shall place a lien in the amount of the unpaid penalty on the applicable real property where the erroneous activation(s) or false alarm(s) occurred. This lien shall have priority over all other instruments and liens, except for liens related to delinquent Kenton County or Elsmere taxes.
(D) Any person who engages in the occupation of the installation of security alarms shall not install or cause to be installed a security alarm within the city without first notifying the person who owns or controls the premises upon which the security alarm is to be installed of the provisions of this section of the Code of Ordinances. Such notification shall be satisfied by providing a copy of this section to the owner or including the provisions of this section or similar language in any contract or agreement between the installing company and the person who owns or controls the premises upon which the security alarm is to be installed.
(E) Exemptions. Any school district, city, county, state or federal building or related structure shall be exempt from the provisions of this section.
(Ord. 1663-2013, passed 8-13-13)