511.99 PENALTY.
   No criminal penalty shall attach under this Chapter 511; however, when an alarm is made with criminal intent, a person may be criminally prosecuted under any applicable section of the Ohio Revised Code and Chapter 511 shall not be interpreted as barring the same.
   The following penalties are established by the City in regard to false alarms involving alarm equipment:
   (a)   For such false alarms, said person, residential establishment or commercial establishment shall receive warnings, either in person or by certified mail, delivered or sent by the responding agency, as follows: two warnings for false alarms that are fire or rescue related, and four warnings for false alarms that are law enforcement related within any 12 month calendar year. Thereafter, such false alarms that cause or result in response by the Police Department or Fire Department or other emergency service contracted by the City shall be assessed civil penalties as hereafter provided:
      (1)   For any commercial establishment having emitted more than two such false alarms concerning fire or rescue within any 12 month calendar year the City shall assess the person or commercial establishment and the assessed party shall pay the following amounts:
         A.   For false alarms fire and rescue related, the assessment shall be two hundred fifty dollars ($250.00) for the third false alarm, five hundred dollars ($500.00) for a fourth false alarm, and seven hundred fifty dollars ($750.00) for the fifth and each successive false alarm during any 12 month calendar year.
         B.   For false alarms that are law enforcement related beyond four the City shall assess twenty-five dollars ($25.00) for the fifth false alarm, thirty-five dollars ($35.00) for the sixth alarm and fifty dollars ($50.00) for the seventh and each successive false alarm during any 12 month calendar year.
      (2)   All residential premises having emitted more than two such false alarms fire or rescue related within a 12 month calendar year, the City shall assess either the owners or tenants of said premises and the assessed party shall pay the following amounts:
         A.   For false alarms that are fire and rescue related, the City shall assess one hundred dollars ($100.00) for the third false alarm, two hundred dollars ($200.00) for the fourth false alarm, and three hundred dollars ($300.00) for the fifth and each successive false alarm within a 12 month period.
         B.   For false alarms that are law enforcement related beyond four the City shall assess twenty-five dollars ($25.00) for the fifth false alarm, thirty-five dollars ($35.00) for the sixth alarm and fifty dollars ($50.00) for the seventh and each successive false alarm during any 12 month calendar year.
      (3)   No penalty shall be assessed when the cause of a false alarm has been shown to be the result of hurricanes, tornadoes, thunderstorms or other catastrophic acts of God not reasonably subject to control by the owner or commercial establishment.
   (b)   All penalties (assessments) shall be billed by the Finance Director to the person, firm, or company upon notification by the Emergency Service of a violation and all funds collected shall be paid within 60 days of billing, to the General Fund.
      (Ord. 075-08. Passed 10-6-08.)