[Code 1974, §§ 37-1—37-5; Ord. No. 2010-14, 10-26-2010]
(a)
ALARMED PREMISES
ALARM SYSTEM
FALSE ALARM
(1)
(2)
(3)
Definitions. As used in this chapter, the terms below shall be defined
as follows:
Any building, property, or premises equipped with an alarm
system.
An assembly of equipment and devices arranged to signal the
presence of a hazard requiring urgent attention by the Police Department
or Fire Department. Such signaling may be by way of an electrical
or mechanical bell, telephone apparatus, computer or internet apparatus,
or any other means by which the Police Department or Fire Department
is signaled.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, or the negligence of the owner
or a lessee of an alarm system or of his employee or agent. False
alarm does not include an alarm:
Caused by a thunderstorm, tornado, earthquake, blizzard, or
other violent condition beyond the control of the owner or lessee
of an alarm system or of their employee or agent;
Activated by a person working on the alarm system with prior
notification to the Township Police Department or Fire Department;
or
Activated by damage to public utility lines, when the affected
public utility corroborates that the damage to such lines caused the
alarm.
(b)
Established. To defray the cost of responding to false alarms and
to discourage the continuation of repeat false alarms, the owner and
lessee of any alarmed premises shall be jointly and severally responsible
to pay the Township fees for each occasion on which the Township Police
Department or Fire Department responds to a false alarm from the alarmed
premises. The Township Board shall establish a schedule of fees, which
it may amend from time to time.
(c)
Procedure. The Police Department and Fire Department shall report,
monthly, a list of false alarms, identifying the alarmed premises
and the responsible owners and lessees. The Township shall bill each
responsible owner and lessee for the amounts due. All amounts billed
by the Township under this section shall be due within 30 days after
each billing. Upon the failure of the responsible owner or lessee
to pay the amounts billed in full within 30 days of billing, the Township
Treasurer shall have the right and power to add all unpaid amounts
to the tax roles of the alarmed premises as a lien, and to levy and
collect such unpaid amounts in the same manner as provided for the
levy and collection of real property taxes against the alarmed premises.
In addition, the Township Treasurer may collect any overdue amounts
from the owner and lessee of the alarmed premises in any other manner
permitted by law, including the filing of a collection suit in a court
of competent jurisdiction. Any overdue amounts shall bear interest
at the rate set forth in the annual schedule of fees.
(d)
Appeal.
(1)
Any owner or lessee that has been billed may appeal the assessment
of a false alarm fee to the chief of the Township Police Department.
Such appeal shall be in writing, shall be filed with the Chief of
Police within 30 days after written notification of the assessment
is sent by the Township, and shall state each and every reason why
the alarm was not a false alarm or any other reason why the fee should
not be paid, supporting such with adequate and verifiable facts. The
Chief of Police shall render a decision on the appeal, and shall notify
the appellant and the Township Treasurer of the decision in writing.
The Chief of Police may, in his or her discretion, waive or reduce
a fine for a false alarm, based on the information submitted.
(2)
Any person aggrieved by the decision of the Chief of Police made pursuant to § 18-1(d)(1) may file a written appeal with the Township Manager within 30 days after the date of the written decision by the Chief of Police. The Township Manager shall determine whether the decision of the Chief of Police is supported by the documents and information in the file.
(3)
The Township Treasurer shall defer collection of the false alarm
fee while any appeal is pending; provided, however, that any interest
allowed on the false alarm fee shall continue to accrue during the
appeal period.
