As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 259  5            

      1997-1998                                                    6            


                    REPRESENTATIVE  LAWRENCE                       8            


                                                                   10           

                           A   B I L L                                          

             To amend section 505.511 of the Revised Code to       12           

                permit townships that operate a township police    13           

                department to impose a charge for false  alarms    14           

                received from malfunctioning security alarm        15           

                systems under certain conditions,  and to include  16           

                such false alarms answered by police constables    17           

                among the false alarms for which county sheriffs   19           

                and certain boards of township  trustees may       20           

                impose charges.                                    21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That section 505.511 of the Revised Code be      24           

amended to read as follows:                                        25           

      Sec. 505.511.  (A)  The A board of TOWNSHIP trustees THAT    34           

OPERATES A TOWNSHIP POLICE DEPARTMENT OR THE BOARD OF TOWNSHIP     35           

TRUSTEES of a township police district may, after POLICE           38           

CONSTABLES, the township police, a law enforcement agency with     40           

which the township contracts for police services, and the county   41           

sheriff or his THE SHERIFF'S deputy have answered a combined       42           

total of three false alarms resulting from the malfunction of the  43           

same commercial or residential security alarm system within the    44           

township in the same calendar year, cause the township clerk to    45           

mail the manager of the commercial establishment or the occupant,  46           

lessee, agent, or tenant of the residence, a bill for twenty-five  47           

dollars for each subsequent false alarm from the same alarm        48           

system during that year, to defray the costs incurred.  If         49           

payment of the bill is not received within thirty days, the clerk  50           

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shall send a notice by certified mail to the manager and to the    51           

owner, if different, of the real estate of which the commercial    52           

establishment is a part, or to the occupant, lessee, agent, or     53           

tenant and to the owner, if different, of the real estate of       54           

which the residence is a part, indicating that failure to pay the  55           

bill within thirty days, or to show just cause why the bill        56           

should not be paid, will result in the assessment of a             57           

twenty-five dollar lien upon the real estate.  If payment is not   58           

received within thirty days or if just cause is not shown, the     59           

sum of twenty-five dollars shall be entered upon the tax           60           

duplicate, shall be a lien upon the real estate from the date of   61           

the entry, and shall be collected as other taxes and returned to   62           

the township general fund.  The board of TOWNSHIP trustees of a    63           

township police district shall not cause the township clerk to     65           

send a bill pursuant to this division if a bill has already been   66           

sent pursuant to division (B) of this section for the same false   67           

alarm.                                                             68           

      (B)  The county sheriff may, after he or his THE COUNTY      70           

SHERIFF OR THE SHERIFF'S deputy, POLICE CONSTABLES, the township   72           

police, and a law enforcement agency with which the township       74           

contracts for police services have answered a combined total of    75           

three false alarms resulting from the malfunction of the same      76           

commercial or residential security alarm system within the                      

unincorporated area of the county in the same calendar year, mail  77           

the manager of the commercial establishment or the occupant,       78           

lessee, agent, or tenant of the residence a bill for twenty-five   79           

dollars for each subsequent false alarm from the same alarm        80           

system during that year, to defray the costs incurred.  If         81           

payment of the bill is not received within thirty days, the        82           

sheriff shall send a notice by certified mail to the manager and   83           

to the owner, if different, of the real estate of which the        84           

commercial establishment is a part, or to the occupant, lessee,    85           

agent, or tenant and to the owner, if different, of the real       86           

estate of which the residence is a part, indicating that the       87           

                                                          3      

                                                                 
failure to pay the bill within thirty days, or to show just cause  88           

why the bill should not be paid, will result in the assessment of  89           

a twenty-five dollar lien upon the real estate.  If payment is     90           

not received within thirty days or if just cause is not shown,     91           

the sum of twenty-five dollars shall be entered upon the tax       92           

duplicate, shall be a lien upon the real estate from the date of   93           

the entry, and shall be collected as other taxes and returned to   94           

the county treasury.  The sheriff shall not send a bill pursuant   95           

to this division if a bill has already been sent pursuant to       96           

division (A) of this section for the same false alarm.             97           

      (C)  As used in this section, "commercial establishment"     99           

has the same meaning as in section 505.391 of the Revised Code.    100          

      Section 2.  That existing section 505.511 of the Revised     102          

Code is hereby repealed.                                           103