(A) Definitions.
(1) "Alarm receiving device" means the instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, shows when an alarm device at a particular location has been activated, or indicates line trouble.
(2) "Alarm system" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure, facility or vehicle and for alerting others of the commission of an unlawful act within a building, structure, or facility, or both, and which emits a sound or transmits a signal or message when actuated. Alarm systems include, but are not limited to, automatic dial protection devices, central stations, modified central stations, direct dial telephone devices, audible alarms and proprietor alarms. Devices perceptible outside of the protected building, structure, or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect the telephone company system which might be damaged or disrupted by the use of an alarm system.
(3) "Alarm user" means the person, firm, partnership, association, corporation, company, or organization of any kind in control of any building, structure, facility, or motor vehicle wherein an alarm system is maintained. For the purpose of this definition, the registered owner of the motor vehicle shall be considered the alarm user.
(4) "Appellant" means a person who perfects an appeal pursuant to this section.
(5) "Audible alarm" means a device designed for the detection of an unauthorized entry on premises which generates an audible sound on the premises when it is actuated.
(6) "Automatic dial protection devices" refers to an alarm system which automatically sends, over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
(7) "Central station" means a system in which the operation of electrical protection circuits and devices is signaled automatically to, recorded in, maintained, and supervised from, a central station having trained operators and guards in attendance at all times.
(8) "Commercial enterprise/establishment" means any commercial enterprise or business as defined in Chapter 1252 of these Codified Ordinances.
(9) "Direct dial telephone device" refers to an alarm system which automatically sends, over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
(10) "False alarm" means an alarm signal which elicits a response by fire or police units when a burglary, robbery or life-threatening emergency situation does not in fact exist, but does not include an alarm signal caused by conditions of nature such as tornadoes, earthquakes, or other violent conditions.
(11) "Governmental agency" means any agency of the United States Government, the State of Ohio, counties, municipal corporations, departments thereof and other governmental entities.
(12) "Modified central station" means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits.
(13) "Police chief" means the Police Chief of the City of Lima or his or her designated representative.
(14) "Police response" means any response of Lima police personnel to any alarm system location upon actuation of such alarm system.
(15) "Proprietor alarm" means an alarm which is not serviced by an alarm business.
(B) Audible Alarm Requirements. Every person maintaining an audible alarm shall post a notice containing the names and telephone numbers of persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is functioning. Such notice shall be posted near the alarm in such a position as to be legible from ground level adjacent to the building where the alarm system is located.
(C) Alarm Connection Within the Police Department. The following conditions shall be met for connection of an alarm system to an alarm receiving device located on the premises of the Lima Police Department:
(1) The alarm system user shall be actively engaged in commercial enterprise or be an active governmental agency.
(2) The protected premises and/or persons of such commercial establishment or governmental agency shall be located within the corporate limits of the City of Lima, or be within the jurisdiction of the Lima Police Department.
(3) The alarm system shall be compatible with the alarm receiving device located on the premises of the Lima Police Department.
(4) Such connection is agreeable between the alarm user and the alarm company owning or maintaining an alarm receiving device located on the premises of the Lima Police Department.
(5) The alarm user shall file an application for connection, with the Chief of Police, on the prescribed form.
(6) It shall be the responsibility of the alarm user to contact the utility company to arrange such connection and provide necessary interface equipment for connection to the alarm receiving device.
(7) Every alarm user connected to the police alarm receiving device shall keep current at the Lima Police Department a list containing the names and telephone numbers of persons to be notified to render repairs or service and secure the premises during any hour of the day or night that an alarm is functioning. Any changes of persons responsible and/or their telephone numbers shall be provided to the Chief of Police, in writing, within seventy-two hours of such changes.
(8) The alarm user shall, upon receipt of an order to disconnect issued by the Chief of Police, disconnect his or her alarm from the receiving device located on Lima Police Department premises within ten business days of such notice. Such order shall be issued for non- compliance with one or more provisions of this section. When an appeal is filed, as provided in subsection (f) hereof, the order to disconnect will be stayed pending a determination by the hearing commission.
(9) No person shall install, connect, or maintain any automatic dial protection device which sends a recorded message or alarm over regular telephone lines into the communications center, or any other telephone, of the Lima Police Department. This paragraph shall not apply to City-owned or leased devices or equipment.
(D) False Alarms.
(1) Whenever there is a police response to a false alarm, the alarm user shall be charged a fee as provided in the following fee schedule:
(a) First response to the location of a false alarm, no charge to the subscriber;
(b) Two to three false alarms within one-half of a calendar year, twenty-five dollars ($25.00) each, plus a late fee of two dollars and fifty cents ($2.50) per false alarm each month if not paid within thirty days of billing;
(c) Four to twelve false alarms within one-half of a calendar year, fifty dollars ($50.00) each, plus a late fee of five dollars ($5.00) per false alarm each month if not paid within thirty days of billing;
(d) Thirteen or more false alarms within one-half of a calendar year, one hundred dollars ($100.00) each, plus a later fee of ten dollars ($10.00) per false alarm each month if not paid within thirty days of billing.
(2) This section shall apply to all residential, commercial and vehicular alarm systems.
(3) False alarms that qualify under Sections 648.09 and 1610.02 of these Codified Ordinances are exempt from this section.
(4) For administrative purposes, the six-month period pertaining to the fee schedule shall begin on January 1 and July 1 of each year.
(E) Testing of Equipment. No alarm system designed to transmit emergency messages directly to the Police Department shall be tested or demonstrated without first obtaining permission from the Uniform Division Officer-in- Charge. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the Police Department unless the messages are to be relayed to the Police Department.
(F) Appeal Procedure.
(1) Upon receipt of a false alarm billing or order to disconnect from the alarm receiving device located on the premises of the Lima Police Department, the alarm user may, within five business days, submit a written Notice of Appeal by first class mail, return receipt requested, for a hearing before the Small Claims Committee of Lima City Council, setting forth the reasons why such billing order to disconnect is being contested. The alarm fee must accompany the written request for a hearing.
(2) Within 14 days of the date of the Notice of Appeal, a written statement and all evidence supporting the appeal shall be submitted to the Small Claims Committee, 117 E. Market Street, Lima, Ohio 45801.
(3) Within 30 days of the receipt of evidence supporting the appeal, the Small Claims Committee shall, by first class mail, notify the appellant of its decision. The Committee may require that the billing be paid and/or that the disconnect order be upheld. The Committee may also find that the conditions of this section have been complied with and may, therefore, void the billing and/or rescind the disconnect order. If the billing is voided, or the disconnect order rescinded, the alarm fee shall be returned to the alarm user.
(G) Collection of Costs. If the owner of the alarm system fails to pay the cost of the false alarms within 30 days after being notified in writing of the amount thereof, the following shall apply:
(1) The Director of Law is authorized to bring suit or to take other legal action to collect all such expenses or costs incurred by the City pursuant to this section.
(2) Expenses shall include the cost of preparing and serving notices.
(3) The notification of costs and expenses incurred by the Police Department may be made by ordinary mail addressed to the owner of the alarm system or the address of the business of the alarm system.
(Ord. 127-92. Passed 9-28-92.)