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755.08 EQUIPMENT REGULATIONS.
(a) Each alarm system supplier that sells or leases an automatic protection system which is installed on any premises in the City, shall furnish instructions as to the operation of the system, along with maintenance and how to obtain service on the system.
(b) All components comprising such systems must be maintained by the users or lessee in good repair to assure reliability of operation.
(Ord. 04-269. Passed 12-21-04.)
755.09 LIABILITY OF CITY.
The issuance of any permit or permits in conjunction with this chapter shall not constitute acceptance by the City of any liability to maintain any equipment, to answer alarms or for anything in connection therewith.
(Ord. 04-269. Passed 12-21-04.)
755.10 APPEAL OF DECISIONS.
(a) Any decision of the Safety-Service Director's Designee that adversely affects a user or licensee or applicant for an alarm user permit or an alarm business licensee may be appealed to the Safety-Service Director provided a written request for a hearing on the appeal is filed within ten (10) days of notification of the Safety-Service Director's Designee's decision.
(b) If a hearing is requested, written notice of the time and place of the hearing shall be served on the appellant by the Safety-Service Director's Designee by certified mail at least ten (10) days prior to the date set for the hearing.
(Ord. 21-146. Passed 9-7-21.)
755.11 ALARM MONITORING SERVICE FUND.
(a) There is hereby established a special fund under the authority of Ohio R.C. 5705.09(F), which shall be known as the Alarm Monitoring Utility Service Fund, and the same shall be under the supervision and accountability of the Director of Finance for the City.
(b) All fees accruing to the City by reason of the fees assessed and collected for alarm monitoring utility service under the provisions of this chapter shall be deposited in the fund established.
(Ord. 04-269. Passed 12-21-04.)
755.12 PURPOSE OF FUND.
Appropriations from the fund established by Section 755.11 shall be made for the following purposes only, and such appropriations may be made in the annual appropriations ordinance: police/fire signal systems, telephone and radio expense within the Divisions of Police/Fire, other communications equipment within the Police/ Fire Divisions, the repair and replacement of equipment reasonably utilized by the Divisions of Police/Fire personnel related to the alarm monitoring utility service established by this chapter. Appropriations may also be made for any other expense such as printing, postage, etc. related to the administration of this chapter. (Ord. 04-269. Passed 12-21-04.)
755.13 FALSE ALARMS.
If the Safety-Service Director's Designee records three (3) or more false alarms from any alarm premises within one year, the following procedure shall be followed:
(a) The Safety-Service Director's Designee shall notify by regular, U.S. mail the alarm user or subscriber which has received three (3) false alarms on its record within one year, citing the location and date of each false alarm. Such notice shall include a statement that an accumulation of a fourth false alarm within one year will result in the imposition of an administrative fee of forty dollars ($40.00) upon alarm subscribers or alarm users. For each additional false alarm recorded within one-year fees will be imposed according to the schedules in subsection 755.13
(3)(A). These fees shall be in addition to any criminal penalties imposed by this Ordinance.
(b) The Safety-Service Director's Designee shall notify by regular, U.S. mail any alarm businesses which has received three (3) false alarms on its record within one year, citing the location and date of each false alarm. Such notice shall include a statement that an accumulation of a fourth false alarm within one year will result in the imposition of an administrative fee of two hundred dollars ($200.00). This includes: an alarm business employee who fails to put the system on test; an alarm business that provides an incorrect address; or causing a false alarm to be activated in any way that violates this ordinance. In any of these situations the false alarm will not be counted against the alarm user.
Such notices shall include a statement for each additional false alarm recorded within one-year fees will be imposed according to the schedules in subsection (c) Schedule B. These fees shall be in addition to any criminal penalties imposed by this chapter.
(c) Alarm users, subscribers, or businesses will be subject to fines for violations of Section 755.13
, depending on the number of false alarms within a twelve (12)-month period, based upon the following schedule A for alarm users or subscribers and schedule B for alarm businesses.
Schedule A: Alarm Users
Occurrences within one year | Fee |
False Alarms one (1) through three (3) | $0 |
False Alarms four (4) through eight (8) | $40.00 |
False Alarms nine (9) or more | $65.00 |
Schedule B:
Occurrences within one year | Fee |
False Alarms one (1) through three (3) | $0 |
False Alarms four (4) through eight (8) | $200.00 |
False Alarms nine (9) or more | $350.00 |
(d) The Safety-Service Director's Designee shall notify the offending party by regular, U.S. mail of the imposition of the administrative fee(s) after the fourth and subsequent false alarms within one year for residential users, and for alarm businesses. The subscriber, alarm user, or alarm business may request, in writing, a hearing within ten (10) days receipt of the notice. If no hearing is requested, the administrative fee is due thirty (30) days from the date of the notice.
(e) If a hearing is requested, written notice of the time and place of the hearing shall be served on the Offending Party by the Safety-Service Director's Designee by regular, U.S. mail at least ten (10) days prior to the date set for the hearing.
(f) The hearing shall be before the Safety-Service Director. The Safety-Service Director's Designee, the subscriber, the alarm user, or the alarm business shall have the right to present written and oral evidence on their behalf. The Safety-Service Director shall determine in writing, if the administrative fee will be assessed or be waived. If assessed, the administrative fee is due within thirty (30) days of the date of the Director's decision. Non-payment of fees may be cause for revocation of the alarm license or permit.
(g) An alarm user, subscriber, or alarm business may immediately be ordered to discontinue use of an alarm system by order of the Safety-Service Director upon being notified by regular U.S. mail of the revocation of a permit or license subject to approval by the Chief of the Mansfield Fire Department for Fire alarms or the Chief of the Mansfield Police Department for any other type of alarm suspension.
(h) A revoked user's permit shall be obtained from the Safety-Service Director's Designee by updating the original application containing the information as provided herein, and pay a fee as follows:
(1) First revoked user's permit within one year $75.00
(2) Second revoked user's permit within one year $175.00
(3) Third and each additional revoked user's permit
within one year $275.00
Included with the updated application shall be a statement of certification from the user and/or the user's repair company, certifying that the previous cause of the false alarm problem has been corrected.
(i) The alarm business shall be issued a fine of one hundred dollars ($100.00) if the Safety-Service Director's Designee determines that an alarm business employee knowingly made a false statement concerning the inspection of an alarm site or the performance of an alarm system.
(j) Notice of the right of Appeal under this chapter will be included with any fines. Alarm business appeals of fines should follow the same appellate procedure as defined for users and subscribers in this Section.
(k) Suspension of Response and Revocation of License or Permit.
(1) When an alarm user or subscriber, has two hundred and fifty dollars ($250.00) or more in delinquent fees outstanding, or an alarm business has one thousand ($1,000) or more in delinquent fees outstanding, the City, by order of the Safety-Service Director, shall have the option to revoke the permit of the alarm user, subscriber, or the license of an alarm business. Any further requests for a police or fire response to the activation of an alarm system may be suspended. Any suspension would require approval from the Chief of the Mansfield Fire Department, and or the Chief of the Mansfield Police Department subject to approval by the Safety-Service Director.
(2) When an alarm user or subscriber fails to remit payment of fines imposed by any violation of any part of this chapter or section within ninety (90) days of receiving notice of said violation, the City, by order of the Safety-Service Director's Designee, shall have the option to revoke the permit of the alarm user, subscriber, or the license of an alarm business. Any further requests for a police or fire response to the activation of an alarm system may be suspended by order of the Safety-Service Director. Any suspension would require approval from the Chief of the Mansfield Fire Department, and or the Chief of the Mansfield Police Department subject to approval by the Safety-Service Director.
(Ord. 21-146. Passed 9-7-21.)
(a) Alarm Businesses must provide all new Alarm Users and Subscribers with a City provided Ordinance summary at the time of sale.
(b) Alarm Businesses must provide all existing Alarm Users with a City provided Ordinance summary within one hundred and eighty (180) days of this Ordinance going into effect.
(c) Alarm Businesses must install and maintain Alarm equipment as per the equipment manufacturer's instructions.
(d) Alarm Businesses must obtain and maintain a minimum of two (2) responders that have keys to enter the alarm site within thirty (30) minutes. A waiver of the two (2) responders may be obtained from the Safety-Service Director's Designee.
(e) Alarm Businesses must provide a list of responders to the City upon request.
(f) Alarm Businesses must provide Alarm Users and Subscribers written instructions in the use, operation, and maintenance of the Alarm System, including factors that can cause false alarms.
(g) Alarm Businesses must provide Alarm Users and Subscribers written information of how to obtain service from the Alarm Business.
(h) Alarm Businesses must provide Alarm Users and Subscribers written information of how to cancel a false alarm.
(i) Alarm Businesses must communicate to the City Public Safety Communication Center any information regarding specifics of alarm events.
(j) Alarm Businesses must communicate to the City Public Safety Communication Center a cancellation as soon as possible following a determination that a response is unnecessary.
(k) Alarm Businesses must respond to all written information requests within thirty (30) days of receiving said requests.
(l) Violation of any requirement of this section will result in a twenty-five-dollar ($25.00) Fee being imposed per violation.
(Ord. 21-146. Passed 9-7-21.)
755.99 ENFORCEMENT AND PENALTY.
(a) Enforcement of any of the provisions of this chapter may be by civil action or criminal prosecution.
(b) Failure or omission to comply with any section or provision of this chapter shall be deemed a violation.
(c) Whoever violates any section or provision of this Chapter shall be fined not more than five hundred dollars ($500.00) per violation.
(d) Failure to pay false alarms fees described in Section 755.13
in a timely fashion will result in the fees being declared delinquent and a twenty-five dollar ($25.00) late fee being assessed to the responsible party every thirty (30) days until the fee is payed.
(e) Whoever violates Section 755.05
(a) [Permit Requirement of User] shall be guilty of a misdemeanor of the fourth degree. Upon subsequent conviction, such person shall be deemed guilty of a misdemeanor of the third degree. Any such violation shall constitute a separate offense on each successive day continued.
(f) Whoever violates Sections 755.04
(a) [Licensing Requirement of Alarm Business] shall be deemed guilty of a misdemeanor of the third degree. Any violation shall constitute a separate offense for each successive day continued.
(g) A violation of Sections 755.04(
b) [Knowingly providing false information Alarm Business Application] shall be grounds for revocation of the Alarm Dealer License by the Safety-Service Director.
(Ord. 21-146. Passed 9-7-21.)