727.06 FEES AND PENALTIES; RESPONSIBILITY; PERMIT REVOCATION.
   (a)   The false alarm fees for Burglary Alarms and Fire Alarms for which the Fire Department was not dispatched are as follows:
      (1)   Residential. After the sixth false alarm within a one year period, the permit holder will be charged a ten dollar ($10.00) fee for each false alarm received through the thirteenth. After the thirteenth false alarm within a one year period, the permit holder will be charged twenty-five dollars ($25.00) for each false alarm.
      (2)   Commercial/Retail/Industrial. False alarms will be charged at the rate of twenty-five dollars ($25.00) per false alarm after the sixth false alarm call within a one year period. After the thirteenth false alarm within a one year period, the permit holder will be charged fifty dollars ($50.00) for each false alarm.
   (b)   The false alarm fees for Fire Alarms in which the Fire Department is dispatched are as follows:
      (1)   Residential. After the third false alarm within a one year period, the permit holder will be charged a twenty-five dollar ($25.00) fee for each false alarm received through the sixth. After the sixth false alarm within a one year period, the permit holder will be charged fifty dollars ($50.00) for each false alarm. After the tenth false alarm within a one year period, the permit holder will be charged the cost involved to the City to send the Fire Department.
      (2)   Commercial/Retail/Industrial. False alarms will be charged at the rate of fifty dollars ($50.00) per false alarm after the third false alarm call within a one year period. After the sixth false alarm within a one year period, the permit holder will be charged one hundred dollars ($100.00) for each false alarm. After the tenth false alarm received in a year, the permit holder will be charged the cost involved to the City to send the Fire Department.
(Ord. 46-98. Passed 9-8-98.)
   (c)   Penalties provided for false alarms that are relayed or transmitted through any means to the Police Department shall be the responsibility of the owner or user of the alarm system.
   (d)   The owner, lessee or user of any alarm system, persons using the services of an intermediary, users of audible alarms, and users of any other kind of direct or indirect connection with the Police/Fire Departments, shall, as a condition to installation and continued operation of such equipment or service, execute a consent in such forms as may be prescribed by the Police Department that such owner, lessee, or user shall pay the City for false alarms upon the posted schedule for each false alarm originating from the owner’s, lessee’s or user’s premise.
   (e)   By submitting an application for a permit for the installation of a burglary, fire, medical or other emergency alarm system and the subsequent installation of such a system or by the continuation of the use of an alarm system already installed at the effective date of this chapter, the owner, lessee or user thereof agree that such permit application constitutes a waiver by such person or the right to bring or file any action, claim or compliant whatsoever against any police or emergency personnel who makes a forced entry into the subject premises in response to such an alarm. In the event the owner of such premises is a person other than the permit applicant, such permit application shall constitute an indemnification agreement by the applicant to hold harmless any such police officer or emergency personnel, the City of Orrville, the Orrville Police Department and the Orrville Fire and/or Emergency Squad Divisions, as appropriate, from any and all damages whatsoever claimed by the lessor or owner of the premises on which that alarm is installed.
   (f)   Any alarm system which has four or more false alarms within a calendar month or eight or more within a calendar year may be subject to permit revocation.
   (g)   Permits are valid for one year, unless revoked or until the original alarm system or alarm company is changed or modified.
   (h)   The owner, lessee or user of any alarm system, persons using the services of an intermediary, users of audible alarms, users of any other kind of direct or indirect connection with the Police/Fire Departments, who is subject to a permit revocation shall be notified in writing by the Chief of Police or his designee that their permit is subject to revocation and the reason(s) for such revocation. The owner, lessee or user of any alarm system or persons using the services of an intermediary, upon being so notified has ten business days to respond and request a hearing on such revocation. If the owner, lessee or user of any alarm system or persons using the services of an intermediary, shows proof and documentation to the Chief of Police or his designee that the reasons for revocation (permit violations) have been corrected within said ten working days, the permit will not be revoked.
   (i)   If the permit violations have not been corrected or satisfied, the owner, lessee or user of any alarm system, persons using the services of an intermediary, users or audible alarms and users of any other kind of direct or indirect connection with the Police/Fire Departments, shall be subject to one of the following penalties based on the type of alarm system:
      (1)   The owner, lessee or user of any alarm system and users of any other kind of direct or indirect connection with the Police/Fire Departments, where the alarm system is being monitored directly by the Police Department, shall be required to disconnect the system from direct monitoring by the Police Department. If the owner, lessee or user of the alarm system fails to do so, the Chief of Police or his designee shall have the alarm disconnected and/or removed from the alarm panel. This permit revocation shall be for a minimum period of six months.
      (2)   Persons using the services of an intermediary shall be advised that any future activation of the system shall be declassified as an “emergency activation or high priority call” and that the Police Department at its discretion reserves the right to decide whether to respond to an alarm notification. A response by the Police Department shall occur only when the monitoring company has properly followed and complied with a telephone verification procedure.
      (3)   Users of audible alarms and users of any other kind of direct or indirect connection with the Police/Fire Departments, shall be notified that the Police Department shall not respond to any alarm activation. In this instance, the Police Department shall respond only when an intrusion is verified by an “eye witness.”
   (j)   Every owner, lessee or user of an alarm system that is directly monitored by the Police Department shall be charged a ten dollar ($10.00)monthly/one hundred twenty dollars ($120.00) yearly monitoring fee, payable in full when the yearly permit. This shall apply only to businesses and companies that are not being directly monitored by the Police Department on the passage of this chapter.
   (k)   The Police Department shall respond only to alarm calls which are the result of an alarm activation from a system which has a properly approved Permit which is currently valid.
(Ord. 21-97. Passed 11-5-97.)