As Reported by the House Local Government and Townships Committee  1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 259  5            

      1997-1998                                                    6            


   REPRESENTATIVES LAWRENCE-SCHULER-GARCIA-CAREY-SULZER-ROMAN-     8            

                           TERWILLEGER                             9            


                                                                   11           

                           A   B I L L                                          

             To amend section 505.511 of the Revised Code to       13           

                permit townships that operate a township police    14           

                department to impose a charge for false  alarms    15           

                received from malfunctioning security alarm        16           

                systems under certain conditions,  and to include  17           

                such false alarms answered by police constables    18           

                among the false alarms for which county sheriffs   20           

                and certain boards of township  trustees may       21           

                impose charges.                                    22           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That section 505.511 of the Revised Code be      25           

amended to read as follows:                                        26           

      Sec. 505.511.  (A)  The A board of TOWNSHIP trustees THAT    35           

OPERATES A TOWNSHIP POLICE DEPARTMENT OR THE BOARD OF TOWNSHIP     36           

TRUSTEES of a township police district may, after POLICE           39           

CONSTABLES, the township police, a law enforcement agency with     41           

which the township contracts for police services, and the county   42           

sheriff or his THE SHERIFF'S deputy have answered a combined       43           

total of three false alarms resulting from the malfunction of the  44           

same commercial or residential security alarm system within the    45           

township in the same calendar year, cause the township clerk to    46           

mail the manager of the commercial establishment or the occupant,  47           

lessee, agent, or tenant of the residence, a bill for twenty-five  48           

dollars for each subsequent false alarm from the same alarm        49           

system during that year, to defray the costs incurred.  If         50           

                                                          2      

                                                                 
payment of the bill is not received within thirty days, the clerk  51           

shall send a notice by certified mail to the manager and to the    52           

owner, if different, of the real estate of which the commercial    53           

establishment is a part, or to the occupant, lessee, agent, or     54           

tenant and to the owner, if different, of the real estate of       55           

which the residence is a part, indicating that failure to pay the  56           

bill within thirty days, or to show just cause why the bill        57           

should not be paid, will result in the assessment of a             58           

twenty-five dollar lien upon the real estate.  If payment is not   59           

received within thirty days or if just cause is not shown, the     60           

sum of twenty-five dollars shall be entered upon the tax           61           

duplicate, shall be a lien upon the real estate from the date of   62           

the entry, and shall be collected as other taxes and returned to   63           

the township general fund.  The board of TOWNSHIP trustees of a    64           

township police district shall not cause the township clerk to     66           

send a bill pursuant to this division if a bill has already been   67           

sent pursuant to division (B) of this section for the same false   68           

alarm.                                                             69           

      (B)  The county sheriff may, after he or his THE COUNTY      71           

SHERIFF OR THE SHERIFF'S deputy, POLICE CONSTABLES, the township   73           

police, and a law enforcement agency with which the township       75           

contracts for police services have answered a combined total of    76           

three false alarms resulting from the malfunction of the same      77           

commercial or residential security alarm system within the                      

unincorporated area of the county in the same calendar year, mail  78           

the manager of the commercial establishment or the occupant,       79           

lessee, agent, or tenant of the residence a bill for twenty-five   80           

dollars for each subsequent false alarm from the same alarm        81           

system during that year, to defray the costs incurred.  If         82           

payment of the bill is not received within thirty days, the        83           

sheriff shall send a notice by certified mail to the manager and   84           

to the owner, if different, of the real estate of which the        85           

commercial establishment is a part, or to the occupant, lessee,    86           

agent, or tenant and to the owner, if different, of the real       87           

                                                          3      

                                                                 
estate of which the residence is a part, indicating that the       88           

failure to pay the bill within thirty days, or to show just cause  89           

why the bill should not be paid, will result in the assessment of  90           

a twenty-five dollar lien upon the real estate.  If payment is     91           

not received within thirty days or if just cause is not shown,     92           

the sum of twenty-five dollars shall be entered upon the tax       93           

duplicate, shall be a lien upon the real estate from the date of   94           

the entry, and shall be collected as other taxes and returned to   95           

the county treasury.  The sheriff shall not send a bill pursuant   96           

to this division if a bill has already been sent pursuant to       97           

division (A) of this section for the same false alarm.             98           

      (C)  As used in this section, "commercial establishment"     100          

has the same meaning as in section 505.391 of the Revised Code.    101          

      Section 2.  That existing section 505.511 of the Revised     103          

Code is hereby repealed.                                           104