511.01. Definitions.

   (a)   "Alarm system" means any mechanical or electrical device which, when activated, emits a sound or transmits a signal or message and is designed or used for the detection of an unauthorized entry or attempted entry into a building, structure or facility, the alerting of others to the commission of an unlawful act within a building, structure or facility, or the detection of fire, smoke or heat within a building, structure or facility.

   (b)   "False alarm" means the activation of an alarm system, which results in an unnecessary response by the Police and/or Fire Departments.

   (c)   "Unnecessary response" means a response by Police and/or Fire to any location generated by a false alarm, and no person or property was in need of the services rendered by Police and/or Fire.

(Ord. 331-96. Passed 5-7-96.)

511.02. False alarm prohibited.

   No person shall own, control and/or operate an alarm system which activates or is activated and results in an unnecessary response by the Police and/or Fire Departments.

(Ord. 398-03. Passed 5-13-03.)

511.03. Penalty; exceptions.

   (a)   Whoever violates Section 511.02 shall reimburse the Police and/or Fire Department the cost of responding to the false alarm as follows:

 

Fire
First false alarm	Warning - No fee
Second and each subsequent false alarm	$100.00 per incident within a calendar year period

 

   All fees collected for false alarms shall be deposited to the General Fund.

 

Police
First false alarm	Warning - No fee
Second false alarm	$25.00 for the second false alarm within a calendar year period
Third and each subsequent false alarm	$50.00 for the third false alarm, and subsequent thereto, the fee shall be in $25.00 increments to the preceding fee assessed for the last false alarm; not to exceed $250.00 per false alarm; within a calendar year period.

 

   All fees collected for false alarms shall be deposited to the General Fund.

   (b)   Ninety (90) days after the invoice is sent for the false fire/police alarm fee, the fee shall be considered delinquent. The Toledo Fire Department and the Toledo Police Department may pursue collection of any unpaid false alarm fees and are hereby permitted to enter into a contract for collection services as authorized by Chapter 228 of the Charter of the City of Toledo and Chapter 187 of the Toledo Municipal Code.

(Ord. 15-16. Passed 2-2-16.)

511.04. Notice; appeal.

   (a)   A notice shall be mailed to the person deemed to be the owner, in control and/or the operator of an alarm system which activates or is activated and results in an unnecessary response by the Police and/or Fire Departments. The notice shall state the date, time and location with regards to the unnecessary response, as well as include the fee(s) assessed; unless it is the first false alarm for which a warning shall issue. The notice shall be from the Department that responded to the alarm, and signed by the Director, Chief or his/her designated representative.

(Ord. 331-96. Passed 5-7-96.)

   (b)   Any person provided notice under Section 511.04(a) may appeal, in writing, to the Director of Law within ten (10) business days of the date indicated in the notice. The appeal must include the reasons for contesting and/or objecting to the notice and/or fee, and must include the name, address, telephone number and notarized signature of the person submitting the appeal. The appeal may be responded to within ten (10) business days, by the Director of Law (or his/her designee) or, in the alternative, a hearing shall be scheduled on the matter. The hearing shall be before the Director of Law (or his/her designated Hearing Officer), attended by the appellant and the Safety Department representative. The Director of Law (or his/her designated Hearing Officer) shall issue a ruling on the appeal, after a hearing, within seven (7) business days after the hearing. The Director of Law (or his/her designated Hearing Officer) may uphold, cancel or modify the fee assessed.

(Ord. 534-95. Passed 8-22-95.)