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Lorain Overview
Codified Ordinances of Lorain, OH
CODIFIED ORDINANCES OF LORAIN, OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 705 Automatic Alarm Systems
CHAPTER 707 Amusements; Movies, Circuses and Carnivals
CHAPTER 711 Auctions (Repealed)
CHAPTER 715 Billiards and Pool
CHAPTER 719 Bingo Parties
CHAPTER 721 Boxing and Wrestling
CHAPTER 725 Drive-in Restaurants
CHAPTER 726 Vending Machine Operations
CHAPTER 727 Going-out-of-Business Sales (Repealed)
CHAPTER 731 Juke Boxes
CHAPTER 735 Secondhand Dealers
CHAPTER 736 Junk Yards and Shops
CHAPTER 739 Mechanical Amusement Devices
CHAPTER 741 Hotels and Similar Establishments
CHAPTER 743 Solicitation
CHAPTER 745 Home Solicitation Sales
CHAPTER 747 Private Police
CHAPTER 749 Private Investigators and Agencies
CHAPTER 750 Computerized Internet Sweepstakes Cafes
CHAPTER 755 Sound Trucks or Cars (Repealed)
CHAPTER 759 Taxicabs
CHAPTER 763 Temporary Stores
CHAPTER 765 Massage Parlors
CHAPTER 767 Late Night Sales
CHAPTER 769 Garage Sales
CHAPTER 771 Commercial Kennels
CHAPTER 773 Transportation of Radioactive Materials
CHAPTER 775 Street Vendors/Peddlers
CHAPTER 777 Bars, Taverns and Nightclubs
CHAPTER 778 Outdoor Refreshment Areas
CHAPTER 779 Recycling Receptacles
CHAPTER 780 Tobacco Retailer Establishments
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - FIRE PREVENTION CODE
PART FIFTEEN - BUILDING CODE
PART SEVENTEEN - RATE AND FEE SCHEDULE
PART SEVEN - BUSINESS REGULATION CODE
Chap. 705.    Automatic Alarm Systems.
Chap. 707.    Amusements; Movies, Circuses and Carnivals.
Chap. 711.    Auctions. (Repealed)
Chap. 715.    Billiards and Pool.
Chap. 719.    Bingo Parties.
Chap. 721.    Boxing and Wrestling.
Chap. 725.    Drive-in Restaurants.
Chap. 726.    Vending Machine Operations.
Chap. 727.    Going-out-of-Business Sales. (Repealed)
Chap. 731.    Juke Boxes.
Chap. 735.    Secondhand Dealers.
Chap. 736.    Junk Yards and Shops.
Chap. 739.    Mechanical Amusement Devices.
Chap. 741.    Hotels and Similar Establishments.
Chap. 743.    Solicitation.
Chap. 745.    Home Solicitation Sales.
Chap. 747.    Private Police. (Repealed)
Chap. 749.    Private Investigators and Agencies. (Repealed)
Chap. 750.    Computerized Internet Sweepstakes Cafes.
Chap. 755.    Sound Trucks or Cars. (Repealed)
Chap. 759.    Taxicabs. (Repealed)
Chap. 763.    Temporary Stores.
Chap. 765.    Massage Parlors.
Chap. 767.    Late Night Sales.
Chap. 769.    Garage Sales.
Chap. 771.    Commercial Kennels.
Chap. 773.    Transportation of Radioactive Materials.
Chap. 775.    Street Vendors/Peddlers.
Chap. 777.    Bars, Taverns and Nightclubs.
Chap. 778.    Outdoor Refreshment Areas.
Chap. 779.    Recycling Receptacles.
Chap. 780. Tobacco Retailer Establishments.
CHAPTER 705
Automatic Alarm Systems
705.01    Definitions.
705.02    Installation standards, operation and inspections.
705.03    Duties of alarm installation company and monitoring company.
705.04    Duties of the alarm user.
705.05    Duties and authority of the Alarm Administrator.
705.06    Installation and annual service fees.
705.07    Disconnection and service termination.
705.08    Alarm validity determination.
705.09    Appeal of false alarm determination.
705.10    Excessive false alarms.
705.11    Audible alarms, fees.
705.12    Alarm dealer permit required.
705.13    Alarm dealer conditions.
705.14    Alarm dealer permit refusal/revocation.
705.15    Government immunity.
705.16    Severability.
705.99    Penalty.
CROSS REFERENCES
Making false alarms - see GEN. OFF. 509.07
705.01 DEFINITIONS.
   In this chapter, the following terms and phrases shall have the following meanings:
   (a)   Alarm Administrator means a Person or Persons designated by the governing authority to administer, control and review False Alarm reduction efforts and administers the provisions of this Ordinance.
   (b)   Alarm Dispatch Request means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular Alarm Site.
   (c)   Alarm Installation Company means a Person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm System in an Alarm Site. This definition shall also include individuals or firms that install and service the Alarm Systems that will be used in their private or proprietary facilities. This does not include persons doing installation or repair work where such work is performed without compensation of any kind (i.e., "do-it-yourselfers").
   (d)   Alarm Registration (or Permits) means authorization granted by the Alarm Administrator to an Alarm User to operate an Alarm System.
   (e)   Alarm Site means a single fixed premises or location served by an Alarm System or Systems. Each unit, if served by a separate Alarm System in a multi-unit building or complex, shall be considered a separate Alarm Site.
   (f)   Alarm System means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response, including Local Alarm Systems. Alarm System does not include an alarm installed in a vehicle or on someone's Person unless the vehicle or the personal alarm is permanently located at a site.
   (g)   Alarm User means any Person, who (which) has contracted for Monitoring, repair, installation or maintenance service from an Alarm Installation Company or Monitoring Company for an Alarm System, or who (which) owns or operates an Alarm System which is not monitored, maintained or repaired under contract.
   (h)    Cancellation means the process where response is terminated when a Monitoring Company (designated by the Alarm User) for the Alarm Site notifies the responding law enforcement agency that there is not an existing situation at the Alarm Site requiring law enforcement agency response after an Alarm Dispatch Request.
   (i)   Conversion means the transaction or process by which one Alarm Installation Company or Monitoring Company begins the servicing and/or Monitoring of a previously unmonitored Alarm System or an Alarm System previously serviced and/or monitored by another alarm company.
   (j)   False Alarm means an Alarm Dispatch Request to a law enforcement agency, when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the Alarm Site.
   (k)   Law Enforcement Authority means the Chief of Police, Safety Service Director or other authorized representative of a law enforcement agency.
   (l)   License means a license issued by the City of Lorain to an Alarm Installation Company and Monitoring Company to sell, install, monitor, repair, or replace Alarm Systems.
   (m)   Local Alarm System means any Alarm System, which is not monitored, that annunciates an alarm only at the Alarm Site.
   (n)   Monitoring means the process by which a Monitoring Company receives signals from an Alarm System and relays an Alarm Dispatch Request to the municipality for the purpose of summoning law enforcement to the Alarm Site.
   (o)   Monitoring Company means a Person in the business of providing Monitoring services.
   (p)   Person means an individual, corporation, partnership, association, organization or similar entity.
   (q)   Responder means an individual capable of reaching and having access to the Alarm Site, the code to the Alarm System, and the authority to approve repairs to the Alarm System.
   (r)   Suspension of Response means the termination of police response to alarms at a specified Alarm Site as a result of False Alarms or other violation of the alarm Ordinance.
   (s)   Takeover means the transaction or process by which an Alarm User takes over control of an existing Alarm System, which was previously controlled by another Alarm User.
   (t)   Telephone Verification - See Verify
   (u)   Unregistered Alarm Site means a site that has not complied with a jurisdiction's registration requirements as defined in the alarm Ordinance.
   (v)   Verify means an attempt by the Monitoring Company to determine the validity of an alarm signal prior to initiating an Alarm Dispatch Request.
   (w)   Video Verification means the transfer of video images to the monitoring company reflecting conditions existing at the protected premises at the time an alarm was activated through the use of video technology.
   (x)   Zones means the capability of an alarm system to separate and report incidents or alarms by area. (Example: Zone 1 - Front Door Contact; Zone 2 - Front Entry Motion Detector).
      (Ord. 46-19. Passed 4-5-19.)
705.02 INSTALLATION STANDARDS, OPERATION AND INSPECTIONS.
   (a)    All equipment used in installations shall meet the applicable standards of the Underwriters Laboratories, National Burglar & Fire Alarm Association (NBFAA) , the False Alarm Reduction Association (FARA) and/or the National Fire Protection Association and/or any other recognized industry standard. The applicant may be required to submit evidence of the reliability and suitability of the equipment to be installed.
(Ord. 46-19. Passed 4-5-19.)
705.03 DUTIES OF ALARM INSTALLATION COMPANY AND MONITORING COMPANY.
   (a)   Each Alarm Installation Company and/or Monitoring Company that sells or leases to a person/Alarm User an automatic protection device or service must register his/her individual business with the Lorain Police Department. The cost of said registration is $250.00 annually. An Alarm Installation Company and/or Monitoring Company shall at that time provide the Lorain Police Department with a customer list of customers who own buildings in the City of Lorain who they contract with in a format acceptable to the Lorain Police Department, to assist them with the creating law enforcement tracking data. This requirement is contingent upon the state or local law that protects this customer information as confidential. An annual report must be provided to the Lorain Police Department thereafter by the second week of January of each year and with monthly updates thereafter.
   (b)   After completion of the installation of an Alarm System, an Alarm Installation Company employee shall review with the Alarm User the Customer False Alarm Prevention Checklist (Appendix B) or an equivalent checklist approved by the Lorain Police Department.
   (c)   The Monitoring Company shall not make an Alarm Dispatch Request of a law enforcement agency in response to a burglar alarm signal, during the first seven (7) days following an Alarm System installation. The Alarm Administrator may grant an Alarm User's request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption.
     
   (d)   A Monitoring Company shall:
      (1)   Report alarm signals by using telephone numbers designated by the Lorain Police Department;
      (2)   Verify every alarm signal, except a Duress or Holdup Alarm activation, before initiating an Alarm Dispatch Request.
      (3)   Communicate Alarm Dispatch Requests to the municipality in a manner and form determined by the Police Department/Fire Department;
      (4)   Communicate Cancellations to the municipality in a manner and form determined by the Police Department/Fire Department;
      (5)   Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the Alarm Dispatch Request;
      (6)   Communicate nature of alarm (i.e.: burglary, robbery, panic, duress, silent, audible, interior or perimeter);
      (7)   Provide an Alarm User registration number when requesting law enforcement dispatch;
      (8)   After an Alarm Dispatch Request, promptly advise the law enforcement agency if the Monitoring Company knows that the Alarm User or the Responder is on the way to the Alarm Site;
      (9)   Attempt to contact the Alarm User or Responder within 24 hours via mail, fax, telephone or other electronic means when an Alarm Dispatch Request is made; and
      (10)   Upon the effective date of this Ordinance, Monitoring Companies must maintain for a period of at least one (1) year from the date of the Alarm Dispatch Request, records relating to Alarm Dispatch Requests. Records must include the name, address and telephone number of the Alarm User, the Alarm System Zone(s) activated, the time of Alarm Dispatch Request and evidence of an attempt to Verify. The Police Department may request copies of such records for individually named Alarm Users. If the request is made within sixty (60) days of an Alarm Dispatch Request, the Monitoring Company shall furnish requested records within ten (10) business days of receiving the request. If the records are requested between sixty (60) days to one (1) year after an Alarm Dispatch Request, the Monitoring Company shall furnish the requested records within thirty (30) days of receiving the request.
   (e)   An Alarm Installation Company and/or Monitoring Company that purchases Alarm System accounts from another Person/Entity shall notify the Alarm Administrator of such purchase and provide details as may be reasonably requested by the Alarm Administrator.
   (f)   Each Alarm Installing Company and Alarm Monitoring Company must designate one individual as the Alarm Response Manager (ARM) for the company who will manage alarm related issues and act as the point of contact for the Alarm Administrator. The appointed individual must be knowledgeable of the general provisions of this Ordinance, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the alarm administrator. The name, phone number, and email address of the designated ARM must be provided to the Lorain Police Department/Fire Department.
   (g)   Alarm Companies shall assist in obtaining the initial Alarm Registration and registration fee from the alarm user and submit it to the Alarm Administrator within ten (30) days of the activation of an alarm system.
  
   (h)    At the time of installation, each Alarm Installation Company shall furnish to the person for whom an automatic protection device has been installed, written information as to how service can be obtained at any time including the telephone number to call for service. Such person shall be responsible for having the device repaired as quickly as possible after he learns either from his own sources or from notification by the Chief of Police that the device is not working properly. (Ord. 46-19. Passed 4-5-19.)
705.04 DUTIES OF THE ALARM USER.
   (a)   An Alarm User shall:
      (1)   Obtain an Alarm Registration for the Alarm System as required in Codified Ordinance Section 705.06.
      (2)   Maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms;
      (3)   Make every reasonable effort to have a Responder to the Alarm System's location within twenty (20) minutes when requested by the law enforcement agency in order to:
         A.   deactivate an Alarm System;
         B.   provide access to the Alarm Site; and/or
         C.   provide alternative security for the Alarm Site.
      (4)   Not activate an Alarm System for any reason other than an occurrence of an event that the Alarm System was intended to report.
   (b)   An Alarm User shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer than ten (10) minutes after being activated.
   (c)   An Alarm User shall have a Licensed Alarm Installation Company inspect the Alarm System after two (2) False Alarms in a one (1) year period. The Alarm Administrator may waive a required inspection if it determines that a False Alarm(s) could not have been related to a defect or malfunction in the Alarm System. After four (4) False Alarms within a one (1) year period, the Alarm User must have a Licensed Alarm Installation Company modify the Alarm System to be more false alarm resistant and provide additional user training as appropriate. [See Appendix A for Installers False Alarm Prevention Checklist]
   (d)   An Alarm User shall not use Automatic Voice Dialers.
   (e)   An Alarm User shall maintain at each Alarm Site, a set of written operating instructions for each Alarm System.
   (f)   All Alarm Users shall agree with their Alarm Installation Company and/or Monitoring Company to go through an "acclimation period" for the first seven (7) days after installation of an Alarm System during which time the Alarm Installation Company and/or Monitoring Company will have no obligation to and will not respond to any Alarm Signal from the Alarm Site, excluding Panic, Duress and Holdup signals, and will not make an Alarm Dispatch Request to law enforcement, even if the Alarm Signal is the result of an actual alarm event.
   (g)   This Section applies to all individuals and firms, who have installed and/or monitor their own Alarm System
   (h)    All equipment, the use or installation of which is subject to this Chapter, shall be maintained in good operating condition. The Chief of Police or his designee, may require that repairs be made whenever it is determined that such are necessary to assure reliability of operation.
   (i)    The sensory mechanism used in connection with such devices shall be adjusted to suppress false indications of fire or intrusions so that the devices will not be actuated by impulses due to transient pressure change in water pipes, short flashes of light, wind noises such as the rattling or vibrating of doors or windows, vehicular noise adjacent to the installation, or other forces unrelated to genuine alarms.
(Ord. 46-19. Passed 4-5-19.)
705.05 DUTIES AND AUTHORITY OF THE ALARM ADMINISTRATOR.
   (a)   The Alarm Administrator shall:
      (1)   Designate a manner, form and telephone numbers for the communication of Alarm Dispatch Requests; and
      (2)   Establish a procedure to accept Cancellation of Alarm Dispatch Requests.
   (b)   The Alarm Administrator shall establish a procedure to record such information on Alarm Dispatch Requests necessary to permit the Alarm Administrator to maintain records, including, but not limited to, the information listed below.
      (1)   Identification of the registration number for the Alarm Site;
      (2)   Identification of the Alarm Site;
      (3)   Date and time Alarm Dispatch Request was received, including the name of the Monitoring Company and the Monitoring operator name or number;
      (4)   Date and time of law enforcement officer arrival at the Alarm Site;
      (5)   Zone and Zone description, if available;
      (6)   Weather conditions;
      (7)   Name of Alarm User's representative at Alarm Site, if any;
      (8)   Identification of the responsible Alarm Installation Company or Monitoring Company
      (9)   Whether law enforcement officer was unable to locate the address of the Alarm Site and;
      (10)   Cause of alarm signal, if known.
   (c)   The Alarm Administrator shall establish a procedure for the notification to the Alarm User of a False Alarm. The notice shall include the following information:
      (1)   The date and time of law enforcement response to the False Alarm;
      (2)   The identification number of the responding law enforcement officer;
      (3)   A statement urging the Alarm User to ensure that the Alarm System is properly operated, inspected, and serviced in order to avoid False Alarms and resulting fines.
   
   (d)   The Alarm Administrator may require a conference with an Alarm User and the Alarm Installation Company and/or Monitoring Company responsible for the repair or monitoring of the Alarm System to review the circumstances of each False Alarm. For these purposes, the alarm company must have a designated contact on record with the Alarm Administrator.
   
   (e)   The Alarm Administrator may create and implement an Alarm User Awareness Class. The Alarm Administrator may request the assistance of Associations, alarm companies and law enforcement agencies in developing and implementing the class. The class shall inform Alarm Users of the problems created by False Alarms and teach Alarm Users how to avoid generating False Alarms.
   (f)   The Alarm Administrator may require an Alarm User to remove a Holdup Alarm device that is a single action, non-recessed button, or have it replaced with an acceptable dual-action or recessed device after the occurrence of a false Holdup Alarm.
   (g)   The Alarm Administrator may require an Alarm User to remove the Duress or Panic Alarm capability from their Alarm System after the occurrence of a false alarm.
   
   (h)   The Alarm Administrator will make a copy of this Ordinance and/or an Ordinance summary sheet available to the Alarm User.
              
   (i)    The Alarm Administrator may allow the installation of any alarm system within the City which causes a signal communication to be transmitted to the Police Department only upon written application to the Chief of Police and upon approval by the Chief/Director of the application and the issuance of a permit for such installation.
(Ord. 46-19. Passed 4-5-19.)
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