[HISTORY: Adopted by the Village Council of the Village of
Michiana 2-16-1998 by Ord. No. 1998-001 (Section 17.000 of the 2001 Code).
Amendments noted where applicable.]
The Village Council of the Village of Michiana determines that
the number of false intrusion and holdup alarms within the Village
has created problems and demands on Village resources through:
A.Â
Unreasonable demand upon the time and resources of the Village police
personnel.
B.Â
Increased danger to those officers and the citizens of the Village
caused by the emergency response of officers to intrusion and holdup
alarms.
C.Â
The unwarranted diversion of resources to answering false alarms
and consequent reduction of resources available to deal with other
police responsibilities.
For the purpose of this chapter, certain terms and words are
herein defined as follows:
An unusual, extraordinary, sudden or unexpected display of
the forces of nature against which the science and the skill of man
are of no avail.
Any corporation, partnership, unincorporated entity or individual
who monitors an alarm system existing in the Village on behalf of
an alarm system user with the purpose of transmitting information
to the Village or the Village Police to which the Village Police are
expected to respond.
A protection device or an assembly of equipment and/or devices
arranged to signal the Village or the Village of Michiana Police directly
or indirectly (through an alarm-monitoring agency) regarding the presence
of a hazard requiring urgent attention to which the Village of Michiana
Police are expected to respond.
Any corporation, partnership, unincorporated entity or individual,
whether owner, occupant or tenant, upon whose premises or property
an alarm system is maintained or operated within the Village, except
for an alarm system on motor vehicles. If, however, the alarm system
on a motor vehicle is connected with an alarm system on premises,
the person using such a system is an alarm user.
Any meritless signal received by the Village or the Village
Police from an alarm-monitoring agency, to which the Village Police
are meant to respond, except such signals as are caused by criminal
activity or acts of God or circumstances not controlled by the alarm
company or user.
The Village of Michiana, Berrien County, Michigan.
No person shall install, operate, arrange for or contract to
provide, revise or repair an alarm system which upon activation mechanically,
electronically or by other means initiates the automatic calling or
dialing of or makes a connection directly to a telephone assigned
to the Village or the Village Police for the purpose of delivering
a recorded message to which the Village Police are expected to respond.
No alarm system user or alarm-monitoring agency shall cause
or allow a false alarm to be made. An alarm system user and/or alarm
system monitor shall be in violation of this chapter whenever any
alarm system maintained on his premises (in the case of the user)
or any alarm system that he monitors (in the case of a monitor) registers
more than three false alarms in any three-hundred-sixty-five-day period.
A.Â
Upon the
occurrence of a third false alarm within said one-year (three-hundred-sixty-five-day)
period, the Police Department of the Village of Michiana shall give
written notice to the owner of the premises that the alarm system
experienced problems and may be defective. The owner shall have the
system inspected by an alarm system contractor who shall, within 30
days, file a written report with the Michiana Police Department of
the results of its inspection of the system, the probable cause, and
its recommendations for eliminating false alarms.
B.Â
Any person
who experiences further violations within said one-year period of
the provisions of this chapter shall be responsible for a fine of
$100, plus costs, damages, expenses and other sanctions as herein
provided. A subsequent or repeat violation by the same individual
of the same alleged violation within one year shall carry a fine of
not less than $150 plus costs, damages, expenses and other sanctions
as herein provided. Any subsequent violation shall carry a fine of
$500, plus costs, damages, expenses and other sanctions as herein
provided.
This chapter shall not apply to the use of an alarm system by
law enforcement personnel of federal, state or local governments.
