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M.V. ORDINANCE N0. 82- 57 <br />Page -2- <br />971.11 FALSE ALARMS. <br />(a) NO PERSON SHALL FAIL TO MAINTAIN <br />EQUIPMENT UNDER HIS CONTROL DESIGNED TO GIVE <br />ALARMS OF ANY TYPE AT LESS THAN THE LEVEL OF <br />MAINTENANCE NECESSARY TO PREVENT FALSE ALARMS <br />FROM BETNG EMITTED. <br />(b) IT SHALL BE PRIMA FACIE EVIDENCE OF <br />UNSATISFACTORY MAINTENANCE IN VIOLATION OF <br />SECTION 971.11(a) IF TWO (2) ALARMS ARE <br />EMITTED AND REPORTED IN ANY MANNER TO THE <br />POLICE OR FIRE DEPARTMENTS FOR WHICH NO EXTERNAL <br />CAUSE CAN BE FOUND, PROVIDED THAT SUCH ALARMS <br />OCCUR WITHIN SIX (6) MONTHS OF EACH OTHER. <br />(c) NO PERSON, FIRM, OR CORPORATION, OR <br />AN EMPLOYEE OR AGENT OF A FIRM OR CORPORATION, <br />SHALL NEGLIGENTLY, RECKLESSLY, OR PURPOSELY <br />CAUSE A FALSE ALARM OF ANY TYPE TO BE TRANS- <br />MITTED. IT SHALL BE PRIMA FACIE EVIDENCE OF <br />NEGLIGENCE OR RECKLESSNESS IF TWO (2) OR MORE <br />ALARMS ARE EMITTED AND REPORTED IN ANY MANNER <br />TO THE POLICE OR FIRE DEPARTMENTS FROM THE SAME <br />LOCATION WITHIN A SIX (6) MONTH PERIOD. <br />(d) THE PENALTY FOR VIOLATION OF SECTI01`d <br />971.11(a) SHALL BE FIFTY DOLLARS ($50.00) FOR A <br />FIRST OFFENSE AND ONE HUNDRED DOLLARS ($100.00) <br />FOR EACH SUBSEQUENT OFFENSE. PRIOR TO FORMAL <br />PROSECUTION THE PERSON TO BE CHARGED SHALL BE <br />NOTIFIED OF THE ALLEGED VIOLATION AND FINED AND <br />SHALL BE GIVEN NOT LESS THAN TEN (10) DAYS NOR <br />MORE THAN TWENTY (20) DAYS TO VOLUNTARILY WAIVE <br />HIS RIGHT TO BE CHARGED AND PRESENT A DEFENSE <br />BY SIGNING A WAIVER AND PAYING THE FINE. THERE- <br />AFTER, PROSECUTION MAY BE INSTITUTED. FAILURE <br />TO MAKE SATISFACTORY REPAIRS AFTER CONVICTION <br />UNDER THIS SECTION SHALL CONSTITUTE A SEPARATE <br />OFFENSE EACH DAY SUCH CONDITION REMAINS UNABATED. <br />(e) NOTWITHSTANDING THE FINE TO BE ASSESSED, <br />AS SET FORTH HEREINABOVE, NO CHARGE SHALL BE MADE <br />FOR A FALSE ALARM TO lnTHICH THERE IS NO RESPONSE <br />BY THE DIVISION OF POLICE OR THE DIVISION OF FIRE <br />NOR WHEN THE CAUSE HAS BEEN PROVEN TO BE AN ACT <br />OF GOD. <br />Section 3. Section 971.99 of the Codified Ordinances of <br />Mayfield Village, Ohio, is hereby enacted to read as follows: