[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-10-2010 by Ord. No. 1-2010; amended in its entirety 4-26-2023 by Ord. No. 4-2023]
This article shall be known and referred to as the "False Alarm
Ordinance of the Charter Township of Cascade."
The purpose of this article is to facilitate the reduction of
false alarms and the misuse of the manpower and resources of the Fire
Department, emergency personnel and other Township departments caused
by the dispatch of units to the scene of a false alarm.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An unusual, extraordinary, sudden or unexpected display of
the forces of nature against which the science and the skill of mankind
are of no avail.
Any device or piece of equipment or an assembly of equipment
and devices designed or arranged to signal the presence of a hazard
requiring urgent attention or to which the Township's Fire Department
or other personnel is expected to respond. The term includes any system
that can electronically cause an expected response by a law enforcement
agency or fire/emergency services agency to a premises by means of
the activation of an audible signal, visible signal, electronic notification,
or video signal, or any combination of these signals. The term "alarm
system" shall include, but shall not be limited to, the following
types of devices: "Automatic holdup alarm," "burglar alarm," "local
alarm," "intrusion alarm," "holdup alarm," "panic alarm," "personal
emergency response alarm," "temperature fire alarm," "manual fire
alarm," "fire alarm," "automatic sprinkler," and/or "water flow alarm."
Alarm systems designed solely to alert or to signal persons within
the premises in which the alarm system is located shall not be regulated
by this article, unless such alarm systems employ an audible signal
emitting sounds, or flashing lights or beacons, or "silent" signals
to emergency officials or monitoring agencies, designed to signal
persons outside the premises.
Any person, whether owner, occupant or tenant, residential
or commercial properties, upon whose premises an alarm system is maintained
or operated within the Township, except for alarm systems on motor
vehicles. In the event that premises are owned or occupied by a partnership,
corporation, or other entity, each owner, officer, partner, or operator
shall be deemed to be an alarm user.
Any activation of an alarm system causing a sound or visual
signal through mechanical failure, faulty equipment, malfunction,
improper installations, and/or lack of prudent maintenance, or the
negligence of the alarm user or of his, her, or its employees, agents,
guests, residents, or invitees. False alarms that are intentionally
activated shall not constitute a false alarm for purposes of this
article, but may be prosecuted as criminal offense. A false alarm
shall be presumed when an alarm is tested without prior written notice
to the Township, and when an investigation reveals no evidence of
criminal activity, or illegal entry or an attempt thereof, or no fire
or potential fire, or need for medical attention, upon the activation
of the alarm system, with the following exceptions: criminal activity,
acts of God or verifiable interruptions of electrical or wire service,
and any water surges from the City of Grand Rapids Water Department.
Any individual, partnership, corporation, unincorporated
association or any group of persons.
No alarm user shall maintain, use, or allow the use of an alarm
system or alarm systems, which signals false alarms. Alarm users shall
be jointly and severally responsible for violations of this article.
The payment of false alarm response costs, fines, or fees shall not
be construed to conflict, contravene, enlarge, or reduce any civil
or criminal liability of the person or entity billed for the response
costs, except to the extent that such responsibility arises out of
this article. Except as otherwise set forth herein, any person who
violates this article shall be punishable by a civil fine determined
in accordance with the following schedule:
A.
There is no fine for the first false alarm within a twelve-month
period of time, but a warning notice will be issued.
B.
There is no fine for the second false alarm within a twelve-month
period but a warning notice will be issued.
C.
The fine for the third false alarm within a twelve-month period shall
be not less than $150.
D.
The fine for the fourth and each subsequent false alarm shall be
not less than $300.
A.
An alarm user who is liable for the payment of the cost of the response
or fine shall make payment in full to the Township within 30 days
of the invoice date.
B.
A person or entity liable for the payment of the cost of a response or fine who fails to make payment in full to the Township within 30 days of the invoice date shall be responsible for a municipal civil infraction, and shall be responsible for fines as set forth in Chapter 40, and for full payment of the cost of the response, to reimburse the Township for a portion of its administrative costs incurred for pursuing and processing the overdue invoice. This provision shall be tolled in the event that the alarm user appeals pursuant to the appeal provisions of this article, but such payment shall be due to the Township within 10 days of the date of the appeal decision.
C.
The Township may commence a civil action against a person who is
liable for the payment of the cost of the response and who fails to
make payment in full to the Township as required by this article.
The Township shall be entitled to recover the expenses, statutory
interest, court costs, and reasonable attorney fees incurred for pursuing
the civil action.
Alarm users or persons otherwise aggrieved by receipt of a warning
letter for the occurrence of a false alarm, or by a false alarm determination
that results in the imposition of a fee for the cost of a response,
may submit a letter of appeal to the Township Manager for review of
the determination of a false alarm occurrence. Such appeal letters
must be submitted within 20 days of the date of the warning letter
or fee invoice. Persons or entities who are cited for a municipal
civil infraction or charged with a misdemeanor may not avail themselves
of this appeal provision, but may instead defend against the charge
in the district court if desired. The fees prescribed by the Township
Board may not be appealed or modified by appeal; only the actual determination
of a false alarm occurrence may be appealed pursuant to this section.
The following appeal process shall be afforded upon receipt of an
appeal letter:
A.
Upon receipt of an appeal letter, the Township Manager shall forward
a copy of the letter (and supporting documentation provided with the
letter, if any) to the Fire Chief for review.
B.
The Fire Chief shall independently review the letter and, within
30 days, advise the Township Manager in writing whether, after reasonable
investigation, the appeal should be granted. In order to recommend
that an appeal be granted, the independent review must result in the
conclusion that the original false alarm determination was clearly
erroneous. To reach such a conclusion, irrefutable evidence must support
the finding that the occurrence did not fit the definition of "false
alarm" set forth in this chapter.
C.
In the event that the Fire Chief agrees that the appeal has no merit,
or that the appeal should be granted, such decision shall be final,
and if fees must be paid by the alarm user pursuant to this article,
such fees shall be paid within 10 days of the date the Township Manager
forwards the final decision to the appellant via first-class mail
or personal service.
D.
If an appeal is granted, the result shall be that the determination
of a false alarm shall be overturned, and the alarm occurrence shall
not be counted with future false alarm occurrences for purposes of
the progressive penalties in this article. If the appeal is denied,
the result shall be that the determination of a false alarm shall
stand, and the false alarm occurrence may be counted with future false
alarm occurrences for purposes of the progressive penalties in this
article.
E.
False alarm determinations may not be appealed after a subsequent
false alarm occurrence is determined to have occurred, nor may they
be appealed upon the passage of 12 months from the date of the occurrence.
