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.)