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Home > By-Laws > 3319-2017 Police Services False Alarm Reduction

3319-2017 Police Services False Alarm Reduction

3319-2017 Police Services False Alarm Reduction

BEING THE POLICE SERVICES FALSE ALARM REDUCTION BY-LAW

Passed by Council July 31, 2017


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NO. 3319-2017
Police Services False Alarm Reduction By-law

WHEREAS the Municipality of Augusta provides police services through the Ontario
Provincial Police in accordance with Section 10 of the Police Services Act;

AND WHEREAS false alarms result in unnecessary emergency responses which
consume valuable police resources;

AND WHEREAS the Municipal Act, 2001, as amended, authorizes a municipality to
impose fees and charges for services or activities provided or done by or on behalf of
it;

NOW THEREFORE the Council of the Municipality of Augusta hereby enacts as follows:

1. DEFINITIONS

1.1 “Alarm Coordinator” means the person appointed by the O.P.P. Community
Sergeant.

1 .2 “Alarm Holder” is the person or persons who is/are recorded with the alarm
company or monitoring agency as being the owner or operator of an Alarm
System.

1.3 “Alarm System” means an assembly of mechanical or electrical devices which
is designed or used for:

(a) the detection of entry into or damage to a building, structure or premises
and which emits sound or transmits a sound, signal or message when
activated, but does not include a device that is installed in a ”motor
vehicle” or “motor home” as those terms are defined in the Highway
Traffic Act, or
(b) the transmission of a manually activated emergency signal to an alarm
monitoring company, but does not include a device to alert in case of
medical emergency.

“False Alarm” is the activation of an Alarm System that prompts a police
response to a premises where there is no evidence that an unauthorized
entry of unlawful act has been attempted or made into, on, or in respect of a
building, structure or premises and includes, but is not limited to the activation
of an Alarm System:

1.4.1 during its testing or installation or repair;

1.4.2 by mechanical failure, malfunction or as a result of faulty equipment;

1.4.3 by atmospheric conditions, vibrations, power failure, or other conditions
beyond the control of the Alarm Holder; or

1.4.4 by user error.

1.5 ‘Normal Business Hours” is the period during which any premises is open for
business and includes one hour prior to opening and one hour after closing.

1.6 ‘Valid Alarm” is an Alarm System which has been activated for the purpose for
which it was installed such as: warning of an attempted or completed
unauthorized entry or unlawful act, or an emergency situation in relation to the
premises in which the Alarm System is installed.

1.7 ‘Verification” occurs when an alarm company or monitoring agency established
whether or not a police response is required by first contacting their
subscriber to confirm, when possible, if the alarm is genuine.

2.0 ALARM VERIFICATION

2.1 Verification is required for all intrusion alarms or alarms to automatic banking
machines which occur during the Normal Business Hours of the premises
involved. The alarm monitoring station is responsible for verifying these types of
alarms.

2.2 Verification may also be required by the ·officer dispatched to an alarm or the
Officer-In- Charge of the O.P.P. serving the Municipality of Augusta when:

2.3. If an intrusion alarm is activated in a building during Normal Business Hours or
when it is reasonably expected that authorized persons are or should be in the
building in question;

2.3.1. when the same Alarm System is activated more than once during the
Officer’s shift and the Alarm System appears to be malfunctioning; or,

2.3.2 when an Alarm System is activated more than once within a short period of
time during an electrical storm or a power failure.

3.0 REGISTRATION

3.1 The Alarm Coordinator shall compile a registry of the Alarm Holders and the
property owners of Alarm Systems which cause or have caused False Alarms
response.

3.2 Upon request, alarm companies or monitoring agencies shall provide to the
Alarm Coordinator the name and address and other reasonable information
relating to Alarm Holders and property owners as may be required.

4.0 AUTOMATIC DIALING ALARMS

4.1 Automatic Dialing Alarms causing False Alarms requiring response by the O.P.P.
serving the Municipality of Augusta shall be subject to the fees set out in Section 5
of this by- law.

5.0 FEES

5.1 The Alarm Holder and the registered title owner of a property containing an Alarm
System which triggers a False Alarm and a response or responses by the
O.P.P. serving the Municipality of Augusta shall be jointly and severally liable to
pay to the Corporation of the Municipality of Augusta the following fees:

5.1 .1 A written warning for the first and second False Alarm;

5.1 .2 $100.00 for the third False Alarm within twelve months of the first; and,

5.1.3 $200.00 for the fourth False Alarm within twelve months for the first.

5.2 Fifth and subsequent False Alarms, within a twelve month period of the first, shall
require a notice, including a written report from the O.P.P. concerning the incident,
to be mailed by regular mail to the Alarm Holder and the registered title owner of
the property. The fee for the fifth and subsequent False Alarms within twelve
months of the first shall be $300.00.

5.3 Twelve months from the time of an Alarm System’s first False Alarm, the
Alarm Coordinator shall revise the registry created under subsection 3.1, so that
the fee schedule applies as though there had been no previous False Alarms.

6.0 COLLECTION AS TAXES

6.1 Any fees not paid from which no appeal has been commenced
shall be added to the tax roll and may be collected in like manner
as municipal taxes, in accordance with the terms of the Municipal
Act, 2001.

7.0 GENERAL PROVISIONS

7.1 If any section, subsection or part or parts thereof of the by-law
should be declared by any Court of Law to be bad, illegal or
such section, subsection or part or parts shall be deemed to be
severable and all parts hereof are declared to be separate and
independent and enacted as such.

7.2 This by-law shall come into force and take effect on the date of passing.

Read a first time this 31 day of July 2017

Read a second time this 31 day of July 2017

Read a third time and passed 31 day of July 2017

Signed by Mayor Doug Malanka and Clerk Annette Simonian