ORDINANCE NO. 46-19 AN ORDINANCE ESTABLISHING A NEW CHAPTER 705 ALARM SYSTEMS OF THE LORAIN
CODIFIED ORDINANCES AND REPEALING ORDINANCE #111-18
WHEREAS, the entire automatic alarm system ordinance is in need of an update to incorporate standards through a joint effort between the National Burglar & Fire Alarm Association (NBFAA) and the False Alarm Reduction Association (FARA). The NBFAA is an association that promotes electronic security and life safety services in the United States. The FARA is an organization comprised of law enforcement and fire officials from throughout North America, who administer and implement false alarm reduction program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LORAIN, STATE OF OHIO:
SECTION I. That Chapter 705 Alarm Systems passed by Ordinance #111-18 is hereby expressly repealed.
SECTION II. That there is hereby established Chapter 705 "Automatic Alarm Systems" of the Lorain Codified Ordinances which reads the same as Ordinance #111-18 except for the addition of Section 705.10(a)
SECTION III. That Chapter 705 "Automatic Alarm Systems" of the Lorain Codified Ordinances is hereby established and reads as follows:
CHAPTER 705 AUTOMATIC ALARM SYSTEMS
705.01 DEFINITIONS In this Ordinance, the following terms and phrases shall have the following meanings:
Alarm Administrator means a Person or persons designated by the governing authority to administer, control and review False Alarm reduction efforts and administers the provisions of this Ordinance,
Alarm Dispatch Request means a notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular Alarm Site.
Alarm Installation Company means a Person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm System in an Alarm Site. This definition shall also include individuals or firms that install and service the Alarm Systems that will be used in their private or proprietary facilities. This does not include persons doing installation or repair work where such work is performed without compensation of any kind (i.e., "do-it-yourselfers”).
Alarm Registration (or Permits) means authorization granted by the Alarm Administrator to an Alarm User to operate an Alarm System.
Alarm Site means a single fixed premises or location served by an Alarm System or Systems. Each unit, if served by a separate Alarm System in a multi-unit building or complex, shall be considered a separate Alarm Site.
Alarm System means a device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response, including Local Alarm Systems. Alarm System does not include an alarm installed in a vehicle or on someone's Person unless the vehicle or the personal alarm is permanently located at a site.
Alarm User means any person, who (which) has contracted for Monitoring, repair, installation or maintenance service from an Alarm Installation Company or Monitoring Company for an Alarm System, or who (which) owns or operates an Alarm System which is not monitored, maintained or repaired under contract.
Cancellation means the process where response is terminated when a Monitoring Company (designated by the Alarm User) for the Alarm Site notifies the responding law enforcement agency that there is not an existing situation at the Alarm Site requiring law enforcement agency response after an Alarm Dispatch Request.
Conversion means the transaction or process by which one Alarm Installation Company or Monitoring Company begins the servicing and/or Monitoring of a previously unmonitored Alarm System or an Alarm System previously serviced and/or monitored by another alarm company.
False Alarm means an Alarm Dispatch Request to a law enforcement agency, when the responding law enforcement officer finds no evidence of a criminal offense or attempted criminal offense after having completed a timely investigation of the Alarm Site.
Law Enforcement Authority means the Chief of Police, Safety Service Director or other authorized representative of a law enforcement agency.
License means a license issued by the City of Lorain to an Alarm Installation Company and Monitoring Company to sell, install, monitor, repair, or replace Alarm Systems.
Local Alarm System means any Alarm System, which is not monitored, that enunciates an alarm only at the Alarm Site.
Monitoring Means the process by which a Monitoring Company receives signals from an Alarm System and relays an Alarm Dispatch Request to the municipality for the purpose of summoning law enforcement to the Alarm Site.
Monitoring Company means a Person in the business of providing Monitoring services.
Person means an individual, corporation, partnership, association, organization or similar entity.
Responder means an individual capable of reaching and having access to the Alarm Site, the code to the Alarm System, and the authority to approve repairs to the Alarm System.
Suspension of Response means the termination of police response to alarms at a specified Alarm Site as a result of False Alarms or other violation of the alarm Ordinance.
Takeover means the transaction or process by which an Alarm User takes over control of an existing Alarm System, which was previously controlled by another Alarm User.
Telephone Verification - See Verify
Unregistered Alarm Site means a site that has not complied with a jurisdiction's registration requirements as defined in the alarm Ordinance.
Verify means an attempt by the Monitoring Company to determine the validity of an alarm signal prior to initiating an Alarm Dispatch Request.
Video Verification means the transfer of video images to the monitoring company reflecting conditions existing at the protected premises at the time an alarm was activated through the use of video technology.
Zones means the capability of an alarm system to separate and report incidents or alarms by area. (Example: Zone 1 - Front Door Contact; Zone 2 - Front Entry Motion Detector).
705.02 INSTALLATION STANDARDS, OPERATION AND INSPECTIONS
All equipment used in installations shall meet the applicable standards of the Underwriters Laboratories, National Burglar & Fire Alarm Association (NBFAA), the False Alarm Reduction Association (FARA) and/or the National Fire Protection Association and/or any other recognized industry standard. The applicant may be required to submit evidence of the reliability and suitability of the equipment to be installed.
705.03 DUTIES OF ALARM INSTALLATION COMPANY AND MONITORING COMPANY
(A) Each Alarm Installation Company and/or Monitoring Company that sells or leases to a person/Alarm User an automatic protection device or service must register his/her individual business with the Lorain Police Department. The cost of said registration is $250.00 annually. An Alarm Installation Company and/or Monitoring Company shall at that time provide the Lorain Police Department with a customer list of customers who own buildings in the City of Lorain who they contract with in a format acceptable to the Lorain Police Department, to assist them with the creating law enforcement tracking data. This requirement is contingent upon the state or local law that protects this customer information as confidential. An annual report must be provided to the Lorain Police Department thereafter by the second week of January of each year and with monthly updates thereafter.
(B) After completion of the installation of an Alarm System, an Alarm Installation Company employee shall review with the Alarm User the Customer False Alarm Prevention Checklist (Appendix B) or an equivalent checklist approved by the Lorain Police Department.
(C) The Monitoring Company shall not make an Alarm Dispatch Request of a law enforcement agency in response to a burglar alarm signal, during the first seven (7) days following an Alarm System installation. The Alarm Administrator may grant an Alarm User's request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption.
(D) A Monitoring Company shall: [1.] Report alarm signals by using telephone numbers designated by the Lorain Police Department; [2.] Verify every alarm signal, except a Duress or Holdup Alarm activation, before initiating an Alarm Dispatch Request. [3.] Communicate Alarm Dispatch Requests to the municipality in a manner and form determined by the Police Department/Fire Department; [4.] Communicate Cancellations to the municipality in a manner and form determined by the Police Department/Fire Department; [5.] Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the Alarm Dispatch Request; [6.] Communicate nature of alarm (i.e.: burglary, robbery, panic, duress, silent, audible, interior or perimeter); [7.] Provide an Alarm User registration number when requesting law enforcement dispatch; [8.] After an Alarm Dispatch Request, promptly advise the law enforcement agency if the Monitoring Company knows that the Alarm User or the Responder is on the way to the Alarm Site; [9.] Attempt to contact the Alarm User or Responder within 24 hours via mail, fax, telephone or other electronic means when an Alarm Dispatch Request is made; and [10.] Upon the effective date of this Ordinance, Monitoring Companies must maintain for a period of at least one (1) year from the date of the Alarm Dispatch Request, records relating to Alarm Dispatch Requests. Records must include the name, address and telephone number of the Alarm User, the Alarm System Zone(s) activated, the time of Alarm Dispatch Request and evidence of an attempt to Verify. The Police Department may request copies of such records for individually named Alarm Users. If the request is made within sixty (60) days of an Alarm Dispatch Request, the Monitoring Company shall furnish requested records within ten (10) business days of receiving the request. If the records are requested between sixty (60) days to one (1) year after an Alarm Dispatch Request, the Monitoring Company shall furnish the requested records within thirty (30) days of receiving the request.
(E) An Alarm Installation Company and/or Monitoring Company that purchases Alarm System accounts from another Person/Entity shall notify the Alarm Administrator of such purchase and provide details as may be reasonably requested by the Alarm Administrator.
(F) Each Alarm Installation Company and Alarm Monitoring Company must designate one individual as the Alarm Response Manager (ARM) for the company who will manage alarm related issues and act as the point of contact for the Alarm Administrator. The appointed individual must be knowledgeable of the general provisions of this Ordinance, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the alarm administrator. The name, phone number, and email address of the designated ARM must be provided to the Lorain Police Department/Fire Department.
(G) Alarm Companies shall assist in obtaining the initial Alarm Registration and registration fee from the alarm user and submit it to the Alarm Administrator within ten (10) days of the activation of an alarm system.
(H) At the time of installation, each Alarm Installation Company shall furnish to the person for whom an automatic protection device has been installed, written information as to how service can be obtained at any time including the telephone number to call for service. Such person shall be responsible for having the device repaired as quickly as possible after he learns either from his own sources or from notification by the Chief of Police that the device is not working properly.
705.04 DUTIES OF THE ALARM USER
(A) An Alarm User shall: [1.] Obtain an Alarm Registration for the Alarm System as required in Codified Ordinance Section 705.06. [2.] Maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms; [3.] Make every reasonable effort to have a Responder to the Alarm System's location within twenty (20) minutes when requested by the law enforcement agency in order to: (a) deactivate an Alarm System; (b) provide access to the Alarm Site; and/or (c) provide alternative security for the Alarm Site. [4.] Not activate an Alarm System for any reason other than an occurrence of an event that the Alarm System was intended to report.
(B) An Alarm User shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer than ten (10) minutes after being activated.
(C) An Alarm User shall have a Licensed Alarm Installation Company inspect the Alarm System after two (2) False Alarms in a one (1) year period. The Alarm Administrator may waive a required inspection if it determines that a False Alarm(s) could not have been related to a defect or malfunction in the Alarm System. After four (4) False Alarms within a one (1) year period, the Alarm User must have a Licensed Alarm Installation Company modify the Alarm System to be more false alarm resistant and provide additional user training as appropriate. [See Appendix A for Installers False Alarm Prevention Checklist]
(D) An Alarm User shall not use Automatic Voice Dialers.
(E) An Alarm User shall maintain at each Alarm Site, a set of written operating instructions for each Alarm System.
(F) All Alarm Users shall agree with their Alarm Installation Company and/or Monitoring Company to go through an "acclimation period" for the first seven (7) days after installation of an Alarm System during which time the Alarm Installation Company and/or Monitoring Company will have no obligation to and will not respond to any Alarm Signal from the Alarm Site, excluding Panic, Duress and Holdup signals, and will not make an Alarm Dispatch Request to law enforcement, even if the Alarm Signal is the result of an actual alarm event.
(G) This Section applies to all individuals and firms, who have installed and/or monitor their own Alarm System
(H) All equipment, the use or installation of which is subject to this Chapter, shall be maintained in good operating condition. The Chief of Police or his designee, may require that repairs be made whenever it is determined that such are necessary to assure reliability of operation.
(I) The sensory mechanism used in connection with such devices shall be adjusted to suppress false indications of fire or intrusions so that the devices will not be actuated by impulses due to transient pressure change in water pipes, short flashes of light, wind noises such as the rattling or vibrating of doors or windows, vehicular noise adjacent to the installation, or other forces unrelated to genuine alarms.
705.05 DUTIES AND AUTHORITY OF THE ALARM ADMINISTRATOR
(A) The Alarm Administrator shall: [1.] Designate a manner, form and telephone numbers for the communication of Alarm Dispatch Requests; and [2.] Establish a procedure to accept Cancellation of Alarm Dispatch Requests.
(B) The Alarm Administrator shall establish a procedure to record such information on Alarm Dispatch Requests necessary to permit the Alarm Administrator to maintain records, including, but not limited to, the information listed below. [1.] Identification of the registration number for the Alarm Site; [2.] Identification of the Alarm Site; [3.] Date and time Alarm Dispatch Request was received, including the name of the Monitoring Company and the Monitoring operator name or number; [4.] Date and time of law enforcement officer arrival at the Alarm Site; [5.] Zone and Zone description, if available; [6.] Weather conditions; [7.] Name of Alarm User's representative at Alarm Site, if any; [8.] Identification of the responsible Alarm Installation Company or Monitoring Company [9.] Whether law enforcement officer was unable to locate the address of the Alarm Site and; [10.] Cause of alarm signal, if known.
(C) The Alarm Administrator shall establish a procedure for the notification to the Alarm User of a False Alarm. The notice shall include the following information: [1.] The date and time of law enforcement response to the False Alarm; [2.] The identification number of the responding law enforcement officer; [3.] A statement urging the Alarm User to ensure that the Alarm System is properly operated, inspected, and serviced in order to avoid False Alarms and resulting fines.
(D) The Alarm Administrator may require a conference with an Alarm User and the Alarm Installation Company and/or Monitoring Company responsible for the repair or monitoring of the Alarm System to review the circumstances of each False Alarm. For these purposes, the alarm company must have a designated contact on record with the Alarm Administrator.
(E) The Alarm Administrator may create and implement an Alarm User Awareness Class. The Alarm Administrator may request the assistance of Associations, alarm companies and law enforcement agencies in developing and implementing the class. The class shall inform Alarm Users of the problems created by False Alarms and teach Alarm Users how to avoid generating False Alarms.
(F) The Alarm Administrator may require an Alarm User to remove a Holdup Alarm device that is a single action, non-recessed button, or have it replaced with an acceptable dual action or recessed device after the occurrence of a false Holdup Alarm.
(G) The Alarm Administrator may require an Alarm User to remove the Duress or Panic Alarm capability from their Alarm System after the occurrence of a false alarm.
(H) The Alarm Administrator will make a copy of this Ordinance and/or an Ordinance summary sheet available to the Alarm User.
(I) The Alarm Administrator may allow the installation of any alarm system within the City which causes a signal communication to be transmitted to the Police Department only upon written application to the Chief of Police and upon approval by the Chief/Director of the application and the issuance of a permit for such installation.
705.06 INSTALLATION AND ANNUAL SERVICE FEES
(A) There shall be due at the time of installation of the aforesaid alarm system, a connection and installation fee of Fifteen dollars ($15.00) paid to the City of Lorain by the Alarm Installation Company.
(B) Each Alarm Registration application must include the following information: [1.] The name, complete address (including apt/suite number), and telephone numbers of the Person who will be the registration holder and be responsible for the proper maintenance and operation of the Alarm System and payment of fees assessed under this article; [2.] The classification of the Alarm Site as either residential (includes apartment, condo, mobile home, etc.) or commercial; [3.] For each Alarm System located at the Alarm Site, the classification of the Alarm System (i.e. burglary, Holdup, Duress, Panic Alarms or other) and for each classification whether such alarm is audible or silent; [4.] Mailing address, if different from the address of the Alarm Site; [5.] Any dangerous or special conditions present at the Alarm Site; [6.] Names and telephone numbers of at least two individuals who are able and have agreed to: (a) receive notification of an Alarm System activation at any time; (b) respond to the Alarm Site within twenty (20) minutes at any time; and (c) upon request can grant access to the Alarm Site and deactivate the Alarm System if necessary; [7.] Type of Business conducted at a commercial Alarm Site; [8.] Signed certification from the Alarm User stating the following: (a.) The date of installation, Conversion or Takeover of the Alarm the date or System, whichever is applicable; (b.) The name, address, and telephone number of the Alarm Installation Company or companies performing Alarm System installation, Conversion or Takeover and of the Alarm Installation Company responsible for providing repair service to the Alarm System; (c.) The name, address, and telephone number of the Monitoring Company if different from the Alarm Installation Company; (d.) That a set of written operating instructions for the Alarm System, including written guidelines on how to avoid False Alarms, have been left with the applicant by the Alarm installation Company; and (e.) That the Alarm installation Company has trained the applicant in proper use of the Alarm System, including instructions on how to avoid False Alarms. [9.] That law enforcement response may be influenced by factors including, but not limited to the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc.
(C) Any false statement of a material fact made by an applicant for the purpose of obtaining an Alarm Registration shall be sufficient cause for refusal to issue a registration.
(D) An Alarm Registration cannot be transferred to another Person or Alarm Site. An Alarm Installation/Monitoring Company shall inform the Lorain Police Department of any change that alters any of the information listed on the Alarm Registration application within thirty (30) business days of such change.
(E) All fines and fees owed by an applicant must be paid before an Alarm Registration may be issued or renewed.
705.07 DISCONNECTION AND SERVICE TERMINATION
The receiving unit shall be permitted to remain in operation for only so long as it does not interfere with the normal daily operation of the Police and Fire Departments. Upon the determination by the Director of Public Safety/Service that such alarm system is not an aid to preventing crime or the apprehension of criminals, fighting fires, or that it is disrupting or interfering with the daily operations of the Police or Fire Departments, the Director is authorized to cause the immediate disconnection, termination and removal of such unit.
705.08 ALARM VALIDITY DETERMINATION
(A) Whenever an alarm is activated requiring an emergency response to the location by the Police Department, a police officer who responds to the alarm address shall inspect the areas protected by the system and shall determine whether the emergency response was in fact required as indicated by the alarm system.
(B) If the inspecting police officer determines the signal to be a false alarm, the police officer shall post a warning to the building indicating such false alarm. The inspecting police officer or firefighter will also complete a report indicating a false alarm.
705.09 APPEAL OF FALSE ALARM DETERMINATION
(A) Upon receipt of any false alarm notification from the Police Department/Lorain Fire Department, the alarm user may elect to respond in writing to explain the actual cause of such alarm. Such response shall be made to the issuing agency within ten (10) days from the date of the notification. If the Chief of the issuing agency upholds the false alarm determination, the alarm user shall have thirty (30) days from the date of notification in which to request an appeal to the Housing Board of Appeals.
(B) The appeal process shall follow the appeal procedures for the Housing Board of Appeals as outlined in Section 1521.04 of the Codified Ordinances of the City of Lorain.
705.10 EXCESSIVE FALSE ALARMS
(A) The Safety/Service Director is authorized to enter into a contract with a third-party vendor for that vendor to process alarm data, fees and other items material to the execution of this chapter. Should an address be identified as sourcing a nuisance pursuant to subsection (b) of this section, false alarms thereafter may result in criminal prosecution, pursuant to Section 705.99 of this Chapter.
(B) When the number of false alarms received by the Police Department for registered alarm system (either directly via transmission of an alarm panel or indirectly as a result of a notification from a monitoring company) exceeds two (2) during a twelve month calendar period, the owner of the alarm system shall be fined Thirty-Five dollars ($35.00), for each additional false alarm call up to and including the fifth false alarm call; Seventy-Five Dollars ($75.00), for each additional false alarm call from the sixth up to the seventh false alarm; One Hundred Dollars ($100.00) for each additional false alarm call during such twelve month period for calls eight and above during such twelve month period. Upon the eighth false alarm, the Lorain Police Department shall declare the alarm to be a nuisance. The Lorain Police Department may not respond to said alarm unless it has a verified response from the Alarm Installation Company/Monitoring Company that a call for service is required. Service fees levied pursuant to this ordinance for excessive false alarm call outs are due and payable on the date indicated on the service filing and will be considered delinquent if not paid by said due date. All delinquent fees are subject to a 1.5% monthly interest rate. If said fines are not paid within sixty (60) days, the total costs shall be forwarded by the Police Chief, Fire Chief or their designee, to the City of Lorain Auditor who shall make a return in writing to the Lorain County Auditor of such total charge which shall be entered upon the tax duplicate of the County and be allocated onto the taxes in accordance with Ohio Revised Code 731.54 and shall be collected as other taxes and returned to the municipal corporation with the general fund. The responsibility of the property owner shall not be circumvented by a subsequent transfer of the real property. Any owner whose property has been assessed for the nuisance abatement must disclose this information to any subsequent purchaser. Any and all subsequent purchasers will be liable for the nuisance abatement assessed to the property.
(C) When the number of false alarms received by the Police Department from any one unregistered alarm system (either directly via transmission of an alarm panel or indirectly as a result of a notification from a monitoring company) exceeds one (1) during a twelve month calendar period, the owner of the alarm system shall be fined One Hundred dollars ($100.00) for each additional false alarm call during such (12) twelve month period for calls six and above during such twelve month period. Upon the second false alarm, the Lorain Police Department shall declare the alarm to be a nuisance. The Lorain Police Department may not respond to said alarm unless it has a verified response from the Alarm Installation Company/Monitoring Company that a call for service is required. Service fees levied pursuant to this ordinance for excessive false alarm call outs are due and payable on the date indicated on the service filing and will be considered delinquent if not paid by said due date. All delinquent fees are subject to a 1.5% monthly interest rate. If said fines are not paid within sixty (60) days, the total costs shall be forwarded by the Police Chief, Fire Chief or their designee, to the City of Lorain Auditor who shall make a return in writing to the Lorain County Auditor of such total charge which shall be entered upon the tax duplicate of the County and be allocated onto the taxes in accordance with Ohio Revised Code 731.54 and shall be collected as other taxes and returned to the municipal corporation with the general fund. The responsibility of the property owner shall not be circumvented by a subsequent transfer of the real property. Any owner whose property has been assessed for the nuisance abatement must disclose this information to any subsequent purchaser. Any and all subsequent purchasers will be liable for the nuisance abatement assessed to the property.
(D) Subsection (b) hereof shall not apply to false alarms received during the test period of a system.
(E) As used in this section, a "false alarm" shall mean any alarm that is received by the Police Department or the Fire Department that is not the result of an actual emergency incident for which the alarm was intended. "False alarm" means any alarm system signal or message eliciting an urgent response by the Fire Department or Police Department when there is no evidence of burglary, fire, medical emergency, smoke, unauthorized intrusion, vandalism or a situation requiring such a response does not exist. Medical Alarm Systems such as Life Alert bracelets, etc., are not subject to the excessive false alarm section of this Chapter.
(F) As used in this section, the "test period" for an alarm system shall mean the period commencing on the date such system is first installed or substantially modified and ending thirty (30) days thereafter.
(G) All fees in this Chapter may hereafter be modified by order of the Lorain Safety/Service Director to reflect the costs incurred by the City.
705.11 AUDIBLE ALARMS, FEES
(A) Any alarm which emits an audible alarm sound which can be heard outside the alarm users building, structure or facility, shall be equipped with an automatic sound emission cut-off feature which will stop the emission of sound within ten (10) minutes after the alarm is activated. It is unlawful for an alarm company to sell, lease, install or replace any alarm which does not comply with this section.
(B) An audible alarm which is audible in excess of ten (10) minutes shall subject the property, structure or facility owner/lessee to an excessive audible alarm fee for each occurrence at the rate of Fifty Dollars ($50.00) per occurrence.
705.12 ALARM DEALER PERMIT REQUIRED
(A) No person, company, corporation, partnership or other entity shall sell, lease, monitor, install, activate, or cause to be sold, leased, monitored, installed or activated, an alarm system unless such person, company, corporation, partnership or other entity is first in possession of a valid alarm dealer permit.
(B) Alarm dealer applications shall be made on forms provided by the City of Lorain. All requested information shall be accurately completed. (i) Any changes in application information shall be reported to the license section within fourteen (14) calendar days of such change.
(C) Permits shall expire one (1) year from date of issue.
(D) Permits are non transferable.
(E) Permit fees, as provided in Lorain Codified Ordinance Section 705.06 shall be paid prior to the issuance of a permit.
(F) All alarm dealer permits must be renewed prior to the date of expiration.
705.13 ALARM DEALER CONDITIONS
(A) Alarm dealer shall not: (i) Employ any person to sell, install or service an alarm system as outlined in the Ohio Building Code or otherwise act as an alarm agent unless such person has a valid certification as issued by the Ohio Department of Commerce Division of State Fire Marshal. (ii) Contract for monitoring of an alarm system with any person or company not holding an alarm dealer permit.
(B) Alarm dealers shall provide to the City of Lorain in format approved by the section: (i) Information on new installations and customers as they occur. (ii) Any new monitor customer information by the end of the last business day of each month. (iii) Any deletion on monitor customers listing by the end of the last business day of each month.
(C) Alarm dealers shall list each company that monitors its alarms. This list shall be used when the monitoring company request service from the City of Lorain Police or Fire Departments. If there are changes to monitoring company list, the City of Lorain shall be notified within seven (7) days of such change. (i) This list shall be provided to the City of Lorain when the alarm dealer permit is issued.
(D) Alarm dealers shall also conform to all city codes including but not limited to building and codes, as well as all state and federal laws applicable thereto.
705.14 ALARM DEALER PERMIT REFUSAL/REVOCATION
(A) No permit shall be issued to any alarm dealer who has been convicted of a theft offense or any felony offense, within the past five (5) years; nor to any person on parole for a felony offense at the time of application.
(B) An alarm dealer permit may be revoked for any of the following reasons: (i) Falsification of any on the permit application. (ii) Failure to notify the City of Lorain of changes in permit information. (iii) Installation of any dealer programmed to connect directly to the City of Lorain Police or Fire Department. (iv) Programming any dealer to connect with the 911 Emergency System (v) Failure to cooperate with certified fire safety inspectors in accordance with ORC S 3737.34 when inspecting alarm systems (vi) Violation of any other provision of this Chapter.
705.15 GOVERNMENT IMMUNITY
Alarm Registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an Alarm registration, the Alarm User acknowledges that law enforcement response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
The provisions of this Ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision.
Whoever violates any provisions of this Chapter shall be fined not less than Twenty-Five Dollars ($25.00) or more than Five Hundred Dollars ($500.00), in accordance with Section 705.10 (a) of this Chapter
SECTION IV. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public and in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code.
SECTION V. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
PASSED: APRIL 1, 2019 | APPROVED: APRIL 3RD, 2019