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(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.)
(a) No permit shall be issued to any alarm dealer who has been convicted of a theft offense or any felony offense, within the past five (5) years; nor to any person on parole for a felony offense at the time of application.
(b) An alarm dealer permit may be revoked for any of the following reasons:
(1) Falsification of any on the permit application.
(2) Failure to notify the City of Lorain of changes in permit information.
(3) Installation of any dealer programmed to connect directly to the City of Lorain Police or Fire Department.
(4) Programming any dealer to connect with the 911 Emergency System.
(5) Failure to cooperate with certified fire safety inspectors in accordance with ORC § 3737.34 when inspecting alarm systems.
(6) Violation of any other provision of this Chapter.
(Ord. 46-19. Passed 4-5-19.)
Alarm Registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an Alarm Registration, the Alarm User acknowledges that law enforcement response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
(Ord. 46-19. Passed 4-5-19.)
The provisions of this chapter are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any Person or circumstance is invalid, the remaining provisions and the application of those provisions to other Persons or circumstances are not affected by that decision.
(Ord. 46-19. Passed 4-5-19.)
Whoever violates any provisions of this Chapter shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00), in accordance with Section 705.10(a) of this Chapter.
(Ord. 46-19. Passed 4-5-19.)