As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                                  H. B. No. 259  6            

      1997-1998                                                    7            


   REPRESENTATIVES LAWRENCE-SCHULER-GARCIA-CAREY-SULZER-ROMAN-     9            

        TERWILLEGER-VAN VYVEN-OGG-KREBS-JOHNSON-PADGETT-           10           

               SENATORS SCHAFRATH-GARDNER-GILLMOR                  11           


                                                                   12           

                           A   B I L L                                          

             To amend section 505.511 of the Revised Code to       14           

                permit townships that operate a township police    15           

                department to impose a charge for false  alarms    16           

                received from malfunctioning security alarm        17           

                systems under certain conditions,  and to include  18           

                such false alarms answered by police constables    19           

                among the false alarms for which county sheriffs   21           

                and certain boards of township  trustees may       22           

                impose charges.                                    23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That section 505.511 of the Revised Code be      26           

amended to read as follows:                                        27           

      Sec. 505.511.  (A)  The A board of TOWNSHIP trustees THAT    36           

OPERATES A TOWNSHIP POLICE DEPARTMENT OR THE BOARD OF TOWNSHIP     37           

TRUSTEES of a township police district may, after POLICE           40           

CONSTABLES, the township police, a law enforcement agency with     42           

which the township contracts for police services, and the county   43           

sheriff or his THE SHERIFF'S deputy have answered a combined       44           

total of three false alarms resulting from the malfunction of the  45           

same commercial or residential security alarm system within the    46           

township in the same calendar year, cause the township clerk to    47           

mail the manager of the commercial establishment or the occupant,  48           

lessee, agent, or tenant of the residence, a bill for twenty-five  49           

                                                          2      

                                                                 
dollars for each subsequent false alarm from the same alarm        50           

system during that year, to defray the costs incurred.  If         51           

payment of the bill is not received within thirty days, the clerk  52           

shall send a notice by certified mail to the manager and to the    53           

owner, if different, of the real estate of which the commercial    54           

establishment is a part, or to the occupant, lessee, agent, or     55           

tenant and to the owner, if different, of the real estate of       56           

which the residence is a part, indicating that failure to pay the  57           

bill within thirty days, or to show just cause why the bill        58           

should not be paid, will result in the assessment of a             59           

twenty-five dollar lien upon the real estate.  If payment is not   60           

received within thirty days or if just cause is not shown, the     61           

sum of twenty-five dollars shall be entered upon the tax           62           

duplicate, shall be a lien upon the real estate from the date of   63           

the entry, and shall be collected as other taxes and returned to   64           

the township general fund.  The board of TOWNSHIP trustees of a    65           

township police district shall not cause the township clerk to     67           

send a bill pursuant to this division if a bill has already been   68           

sent pursuant to division (B) of this section for the same false   69           

alarm.                                                             70           

      (B)  The county sheriff may, after he or his THE COUNTY      72           

SHERIFF OR THE SHERIFF'S deputy, POLICE CONSTABLES, the township   74           

police, and a law enforcement agency with which the township       76           

contracts for police services have answered a combined total of    77           

three false alarms resulting from the malfunction of the same      78           

commercial or residential security alarm system within the                      

unincorporated area of the county in the same calendar year, mail  79           

the manager of the commercial establishment or the occupant,       80           

lessee, agent, or tenant of the residence a bill for twenty-five   81           

dollars for each subsequent false alarm from the same alarm        82           

system during that year, to defray the costs incurred.  If         83           

payment of the bill is not received within thirty days, the        84           

sheriff shall send a notice by certified mail to the manager and   85           

to the owner, if different, of the real estate of which the        86           

                                                          3      

                                                                 
commercial establishment is a part, or to the occupant, lessee,    87           

agent, or tenant and to the owner, if different, of the real       88           

estate of which the residence is a part, indicating that the       89           

failure to pay the bill within thirty days, or to show just cause  90           

why the bill should not be paid, will result in the assessment of  91           

a twenty-five dollar lien upon the real estate.  If payment is     92           

not received within thirty days or if just cause is not shown,     93           

the sum of twenty-five dollars shall be entered upon the tax       94           

duplicate, shall be a lien upon the real estate from the date of   95           

the entry, and shall be collected as other taxes and returned to   96           

the county treasury.  The sheriff shall not send a bill pursuant   97           

to this division if a bill has already been sent pursuant to       98           

division (A) of this section for the same false alarm.             99           

      (C)  As used in this section, "commercial establishment"     101          

has the same meaning as in section 505.391 of the Revised Code.    102          

      Section 2.  That existing section 505.511 of the Revised     104          

Code is hereby repealed.                                           105