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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CHAPTER 711 Auctions (Repealed)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CHAPTER 727 Going-out-of-Business Sales (Repealed)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CHAPTER 755 Sound Trucks or Cars (Repealed)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
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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.)
705.06 INSTALLATION AND ANNUAL SERVICE FEES.
   (a)    There shall be a Registration Fee of fifteen dollars ($15.00) paid to the City of Lorain at the time of registration by the Installation Company, or in the case of an alarm system not installed by an Installation Company, paid by the owner of such system. All alarm systems shall be registered at the time of installation, time of transfer of ownership, or in the case of existing alarm systems, within thirty (30) days of the effective date of this subsection.
(Ord. 120-19. Passed 9-16-19.)
   (b)   Each Alarm Registration application must include the following information:
      (1)   The name, complete address (including apt/suite number), and telephone numbers of the Person who will be the registration holder and be responsible for the proper maintenance and operation of the Alarm System and payment of fees assessed under this article;
      (2)   The classification of the Alarm Site as either residential (includes apartment, condo, mobile home, etc.) or commercial;
      (3)   For each Alarm System located at the Alarm Site, the classification of the Alarm System (i.e. burglary, Holdup, Duress, Panic Alarms or other) and for each classification whether such alarm is audible or silent;
      (4)   Mailing address, if different from the address of the Alarm Site;
      (5)   Any dangerous or special conditions present at the Alarm Site;
      (6)   Names and telephone numbers of at least two individuals who are able and have agreed to: (a) receive notification of an Alarm System activation at any time; (b) respond to the Alarm Site within twenty (20) minutes at any time; and (c) upon request can grant access to the Alarm Site and deactivate the Alarm System if necessary;
      (7)   Type of business conducted at a commercial Alarm Site;
      (8)   Signed certification from the Alarm User stating the following:
         A.   The date of installation, Conversion or Takeover of the Alarm System, whichever is applicable;
         B.   The name, address, and telephone number of the Alarm Installation Company or companies performing the Alarm System installation, Conversion or Takeover and of the Alarm Installation Company responsible for providing repair service to the Alarm System;
         C.   The name, address, and telephone number of the Monitoring Company if different from the Alarm Installation Company;
         D.   That a set of written operating instructions for the Alarm System, including written guidelines on how to avoid False Alarms, have been left with the applicant by the Alarm Installation Company; and
         E.   That the Alarm Installation Company has trained the applicant in proper use of the Alarm System, including instructions on how to avoid False Alarms.
      (9)   That law enforcement response may be influenced by factors including, but not limited to the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc.
   (c)   Any false statement of a material fact made by an applicant for the purpose of obtaining an Alarm Registration shall be sufficient cause for refusal to issue a registration.
   (d)   An Alarm Registration cannot be transferred to another Person or Alarm Site. An Alarm Installation/Monitoring Company shall inform the Lorain Police Department of any change that alters any of the information listed on the Alarm Registration application within thirty (30) business days of such change.
   (e)   All fines and fees owed by an applicant must be paid before an Alarm Registration may be issued or renewed.
(Ord. 46-19. Passed 4-5-19.)
705.07 DISCONNECTION AND SERVICE TERMINATION.
   The receiving unit shall be permitted to remain in operation for only so long as it does not interfere with the normal daily operation of the Police and Fire Departments. Upon the determination by the Director of Public Safety/Service that such alarm system is not an aid to preventing crime or the apprehension of criminals, fighting fires, or that it is disrupting or interfering with the daily operations of the Police or Fire Departments, the Director is authorized to cause the immediate disconnection, termination and removal of such unit.
(Ord. 46-19. Passed 4-5-19.)
705.08 ALARM VALIDITY DETERMINATION.
   (a)    Whenever an alarm is activated requiring an emergency response to the location by the Police Department, a police officer who responds to the alarm address shall inspect the areas protected by the system and shall determine whether the emergency response was in fact required as indicated by the alarm system.
   (b)    If the inspecting police officer determines the signal to be a false alarm, the police officer shall post a warning to the building indicating such false alarm. The inspecting police officer or firefighter will also complete a report indicating a false alarm.
(Ord. 46-19. Passed 4-5-19.)
705.09 APPEAL OF FALSE ALARM DETERMINATION.
   (a)    Upon receipt of any false alarm notification from the Police Department/Lorain Fire Department, the alarm user may elect to respond in writing to explain the actual cause of such alarm. Such response shall be made to the issuing agency within tem (10) days from the date of the notification. If the Chief of the issuing agency upholds the false alarm determination, the alarm user shall have thirty (30) days from the date of notification in which to request an appeal to the Housing Board of Appeals.
   (b)    The appeal process shall follow the appeal procedures for the Housing Board of Appeals as outlined in Section 1521.04 of the Codified Ordinances of the City of Lorain.
(Ord. 46-19. Passed 4-5-19.)
705.10 EXCESSIVE FALSE ALARMS.
   (a)    The Safety/Service Director is authorized to enter into a contract with a third-party vendor for that vendor to process alarm data, fees and other items material to the execution of this chapter. Should an address be identified as sourcing a nuisance pursuant to subsection (b) of this section, false alarms thereafter may result in criminal prosecution, pursuant to Section 705.99 of this Chapter.
    (b)    When the number of false alarms received by the Police Department from any one registered alarm system (either directly via transmission of an alarm panel or indirectly as a result of a notification from a monitoring company) exceeds two (2) during a twelve month calendar period, the owner of the alarm system shall be fined Thirty-Five dollars ($35.00) for each additional false alarm call up to and including the fifth false alarm call; Seventy-Five Dollars ($75.00) for each additional false alarm call from the sixth up to the seventh false alarm; and One Hundred Dollars ($100.00) for each additional false alarm call during such twelve month period for calls six and above during such twelve month period. Upon the eighth false alarm, the Lorain Police Department shall declare the alarm to be a nuisance. The Lorain Police Department may not respond to said alarm unless it has a verified response from the Alarm Installation Company/Monitoring Company that a call for service is required. Service fees levied pursuant to this ordinance for excessive false alarm call outs are due and payable on the date indicated on the service filing and will be considered delinquent if not paid by said due date. All delinquent fees are subject to a 1.5% monthly interest rate. If said fines are not paid within sixty (60) days, the total costs shall be forwarded by the Police Chief, Fire Chief or their designee, to the City of Lorain Auditor who shall make a return in writing to the Lorain County Auditor of such total charge which shall be entered upon the tax duplicate of the County and be allocated onto the taxes in accordance with Ohio Revised Code §731.54 and shall be collected as other taxes and returned to the municipal corporation with the general fund. The responsibility of the property owner shall not be circumvented by a subsequent transfer of the real property. Any owner whose property has been assessed for the nuisance abatement must disclose this information to any subsequent purchaser. Any and all subsequent purchasers will be liable for the nuisance abatement assessed to the property.
   (c)    When the number of false alarms received by the Police Department from any one unregistered alarm system (either directly via transmission of an alarm panel or indirectly as a result of a notification from a monitoring company) exceeds one (1) during a twelve month calendar period, the owner of the alarm system shall be fined One Hundred dollars ($100.00) for each additional false alarm call during such twelve month period for calls six and above during such twelve month period. Upon the second false alarm, the Lorain Police Department shall declare the alarm to be a nuisance. The Lorain Police Department may not respond to said alarm unless it has a verified response from the Alarm Installation Company/Monitoring Company that a call for service is required. Service fees levied pursuant to this ordinance for excessive false alarm call outs are due and payable on the date indicated on the service filing and will be considered delinquent if not paid by said due date. All delinquent fees are subject to a 1.5% monthly interest rate. If said fines are not paid within sixty (60) days, the total costs shall be forwarded by the Police Chief, Fire Chief or their designee, to the City of Lorain Auditor who shall make a return in writing to the Lorain County Auditor of such total charge which shall be entered upon the tax duplicate of the County and be allocated onto the taxes in accordance with Ohio Revised Code §731.54 and shall be collected as other taxes and returned to the municipal corporation with the general fund. The responsibility of the property owner shall not be circumvented by a subsequent transfer of the real property. Any owner whose property has been assessed for the nuisance abatement must disclose this information to any subsequent purchaser. Any and all subsequent purchasers will be liable for the nuisance abatement assessed to the property.
   (d)    Subsection (b) hereof shall not apply to false alarms received during the test period of a system.
   (e)    As used in this section, a "false alarm" shall mean any alarm that is received by the Police Department or the Fire Department that is not the result of an actual emergency incident for which the alarm was intended. "False alarm" means any alarm system signal or message eliciting an urgent response by the Fire Department or Police Department when there is no evidence of burglary, fire, medical emergency, smoke, unauthorized intrusion, vandalism or a situation requiring such a response does not exist. Medical Alarm Systems such as Life Alert bracelets, etc., are not subject to the excessive false alarm section of this Chapter.
   (f)    As used in this section, the "test period" for an alarm system shall mean the period commencing on the date such system is first installed or substantially modified and ending thirty (30) days thereafter.
   (g)   All fees in this Chapter may hereafter be modified by order of the Lorain Safety /Service Director to reflect the costs incurred by the City.
(Ord. 46-19. Passed 4-5-19.)
705.11 AUDIBLE ALARMS, FEES.
   (a)    Any alarm which emits an audible alarm sound which can be heard outside the alarm users building, structure or facility, shall be equipped with an automatic sound emission cut-off feature which will stop the emission of sound within ten (10) minutes after the alarm is activated. It is unlawful for an alarm company to sell, lease, install or replace any alarm which does not comply with this section.
   (b)    An audible alarm which is audible in excess of ten (10) minutes shall subject the property, structure or facility owner/lessee to an excessive audible alarm fee for each occurrence at the rate of fifty dollars ($50.00) per occurrence.
(Ord. 46-19. Passed 4-5-19.)
705.12 ALARM DEALER PERMIT REQUIRED.
   (a)    No person, company, corporation, partnership or other entity shall sell, lease, monitor, install, activate, or cause to be sold, leased, monitored, installed or activated, an alarm system unless such person, company, corporation, partnership or other entity is first in possession of a valid alarm dealer permit.
   (b)    Alarm dealer applications shall be made on forms provided by the City of Lorain. All requested information shall be accurately completed.
      (1)   Any changes in application information shall be reported to the license section within fourteen (14) calendar days of such change
   (c)    Permits shall expire one (1) year from date of issue.
   (d)    Permits are nontransferable.
   (e)    Permit fees, as provided in Lorain Codified Ordinance Section 705.06 shall be paid prior to the issuance of a permit.
   (f)    All alarm dealer permits must be renewed prior to the date of expiration.
(Ord. 46-19. Passed 4-5-19.)
705.13 ALARM DEALER CONDITIONS.
   (a)    Alarm dealer shall not:
      (1)   Employ any person to sell, install or service an alarm system as outlined in the Ohio Building Code or otherwise act as an alarm agent unless such person has a valid certification as issued by the Ohio Department of Commerce, Division of State Fire Marshal.
      (2)   Contract for monitoring of an alarm system with any person or company not holding an alarm dealer permit.
   (b)    Alarm dealers shall provide to the City of Lorain in format approved by the section:
      (1)   Information on new installations and customers as they occur.
      (2)   Any new monitor customer information by the end of the last business day of each month.
      (3)   Any deletion on monitor customers listing by the end of the last business day of each month.
   (c)    Alarm dealers shall list each company that monitors its alarms. This list shall be used when the monitoring company request service from the City of Lorain Police or Fire Departments. If there are changes to monitoring company list, the City of Lorain shall be notified within seven (7) days of such change.
      (1)   This list shall be provided to the City of Lorain when the alarm dealer permit is issued.
   (d)   Alarm dealers shall also conform to all city codes including but not limited to building and codes, as well as all state and federal laws applicable thereto.
(Ord. 46-19. Passed 4-5-19.)
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