[HISTORY: Adopted by the City Commission of the City of Lapeer 11-1-1999 (Ch. 56 of the 1978 General
Ordinances). Amendments noted where applicable.]
This is a chapter to establish a civil infraction violation
for false alarms for emergency services pursuant to Michigan Public
Act 33 of 1951, as amended;[1] to provide additional charges for multiple false alarms
and methods for collection of such charges and exemption therefrom;
and to protect the health, safety and welfare of public. It is the
purpose of this chapter to discourage, and recoup expenses incurred
for City emergency services due to, false alarms which cause the City
to incur unnecessary expenses and cause a threat to the health, safety,
and welfare of City residents by diverting emergency personnel and
equipment to sites where no legitimate need exists, thereby creating
a risk that the emergency service provider will take a longer amount
of time, or be unable to respond, to a legitimate call. This chapter
has become necessary due to the proliferation of private fire, carbon
monoxide, and intruder alarms and the corresponding increase in false
alarms due to defective, malfunctioning, overly sensitive, improperly
installed or improperly used equipment, or equipment which triggers
an alarm when no legitimate hazard exists.
[1]
Editor's Note: See MCLA § 41.801 et seq.
The following words and phrases set forth below shall have the
following meanings as used in this chapter:
This phrase shall include any service provided by, but not
limited to, fire vehicles and personnel, rescue vehicles and personnel,
ambulance vehicles and personnel, and police vehicles and personnel.
The summoning of emergency services as a result of a fire,
carbon monoxide or intruder alarm under circumstances where there
is no fire, carbon monoxide or intruder problem or hazard. This shall
include, but not be limited to, circumstances in which a fire, carbon
monoxide or intruder alarm is triggered due to defective equipment,
malfunctioning equipment, overly sensitive equipment, improper installation
or alarm equipment, or improperly used fire, carbon monoxide or intruder
alarms or equipment which triggers an alarm when no legitimate hazard
exists which, directly or indirectly, calls for emergency services.
An intruder alarm triggered by an animal from the inside of the building
where the alarm is located shall constitute false alarm.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Restitution charges shall be as set forth in the City of Lapeer
Fee Schedule as approved by the City Commission, as amended from time
to time, which shall be hereafter due and payable to the City from
a recipient of an emergency service for the third and any subsequent
false alarm within a three-hundred-sixty-five-day period. Moreover,
the Schedule of False Alarm Fees is in addition to any fines and costs
ordered by the District Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The City of Lapeer Police and Fire Departments, within seven
working days, shall by first-class mail notify the owner, occupant,
and/or person in possession or control of the property of the false
alarm violation, the number of false alarm occurrences within 365
days prior to the violation date, a schedule of false alarm fees,
and any applicable violation charges.
A person wishing to appeal a false alarm violation and the associated
fee may do so pursuant to the normal procedures of the 71A District
Court regarding civil infraction violations.
The following properties and services shall be exempt from the provisions of §§ 56-3 and 56-5 above:
A.
False alarms recorded within the first 14 days after installation.
B.
False alarms caused by railroad trains which are the specific statutory
responsibility of railroad companies.
C.
False alarms involving township, county, or other municipal buildings,
grounds and/or property.
D.
Emergency services performed outside the jurisdiction of the City
pursuant to a mutual aid contract, or other contract, with another
municipality.
E.
False alarms recorded as a result of storms, earthquakes or other
violent conditions beyond the control of owners, occupants or persons
in possession or control.
F.
False alarms activated by a person working on the alarm system with
prior notification to the Lapeer Central Dispatch offices.
G.
Alarms which can be substantiated as being activated by disruption
or disturbance of telephone company facilities or motor vehicle-utility
pole accidents.
This chapter does not constitute a contract for the City of
Lapeer or emergency service providers to answer any alarms, whether
false or otherwise. Further, this chapter does not guarantee that
the emergency service providers will respond to any alarm from any
source.
Should any provision of this chapter be declared by any court
of competent jurisdiction to be invalid or unenforceable, the same
shall not affect the validity or enforce ability of the balance of
this chapter which shall remain in full force and effect.
This chapter shall become effective on the first day of November
1999.
