(A) General provisions.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM SYSTEM. A device or assembly of equipment or devices designed or arranges to signal the presence of existence of a hazard requiring urgent attention of Police or Fire Department personnel. These systems include intrusion alarms, robbery alarms, fire alarms, medical emergency alarms, and any other alarm which requires an emergency response by Police or Fire Department personnel. ALARM SYSTEMS monitoring temperature or humidity or which do not require any Police or Fire Department response whatsoever are excluded from this section.
ALARM USER. Any person who owns, possesses, controls, or otherwise exercises dominion over a premises or property, or who regularly supervises the operation of any business thereon, on or in regard to which premises or property an alarm system is maintained, except for alarm systems within or on vehicles. But if an alarm system in or on a vehicle is connected, either by wire, signal, or other means with an alarm system in or on other property, the person using such vehicle alarm system is an ALARM USER. A person owns or controls property if he or she is the grantee under a deed, purchaser under a land contract, or a tenant.
FALSE ALARM. The activation of an alarm system resulting in a signal or call being received by the Police or Fire Departments of the village when there is no immediate substantial threat to life, safety, or property requiring their urgent attention in, on, or at the property in regard to which the signal or call was sent.
PERSON. A natural person or a firm, organization, association, partnership, or corporation.
(2) Responsibilities. The alarm user shall be responsible under division (A)(3) below for all false alarms sent because of the activation of an alarm system in, on, or in regard to his or her property, or because of the action or statement of any of his or her agents or employees if such action or statement was likely to result in the sending of an alarm; except when the alarm or sending the alarm does so with the specific intention of sending a false alarm or causing on to be sent, or does so without caring whether the alarm is false.
(3) Subsequent false alarms in a calendar year. The fifth or subsequent false alarm occurring within the calendar year, and every false alarm thereafter from or in regard to the same premises or property, shall result in the alarm user being assessed a service fee. Fire and non-fire false alarms shall be counted separately. The service fee for false alarms, other than a false fire alarm, will be $50. The service fee for false fire alarms will be $100. This division (A)(3) shall apply only to alarm users. The service fee may be waived by the Chief of Police or his or her designee in those cases of development of false alarm conditions not reasonably attributable to the alarm user or the alarm user’s equipment.
(4) Waiver, preconditions, and the like. Neither a proceeding nor the result thereof under this section shall waive, preclude, or be a precondition of the village exercising, enforcing, or invoking any other right of which the village might otherwise avail itself.
(5) Unpaid fees. If any fee rendered pursuant to division (A)(3) above shall remain due and unpaid for a period of 30 days after the bill is mailed, it shall thereafter accrue interest at the rate of 6% per year from the date of the false alarm to which the bill applies. The village may collect the amounts owed by suit at law or may assess the same against the property. Such assessment shall constitute a lien upon the property and may be billed and collected in the same manner as the tax applicable to the property.
(2005 Code, § 106.002)
(B) Effective date. This section is declared to be effective immediately upon publication.
(2005 Code, § 106.004)
(Ord. 2003-02, passed 10-13-2003) Penalty, see § 130.99