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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.)
(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.)
(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.)
(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.)
(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.)
(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.)
(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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