[HISTORY: Adopted by the Township Board of the Township of
New Buffalo 12-21-2009 by Ord.
No. 091221. Amendments noted where applicable.]
A.
The Township Board recognizes that there exists an unjustified increase
in the amount of Fire Department resources expended in responding
to false alarms for assistance that can be avoided. Accordingly, by
implementing an ordinance requiring regulations and fees that will
encourage alarm devices to be appropriately designed, installed, maintained,
and utilized, this will reduce the burden imposed upon the general
public caused by false alarms.
B.
All residents of the Township shall abide by this chapter and cooperate
fully with the Fire Department or for the realization of these objectives.
The following words and phrases, when used in this chapter,
shall have the meanings respectively ascribed to them in this section
except in those instances where the context clearly indicates a different
meaning:
Any corporation, partnership, unincorporated entity or individual
who monitors an alarm system existing in the Township on behalf of
an alarm system user with the purpose of transmitting information
to the Township Fire Department personnel regarding the presence of
a hazard requiring urgent attention to which the Township Fire Department
personnel are expected to respond.
Authorization granted by the Alarm Administrator to an alarm
user to operate an alarm system.
Any assembly of equipment and devices, or a single device,
except for an alarm system on a motor vehicle, that emits, transmits
or relays any signal intended to summon or that would reasonably be
expected to summon Fire Department personnel of the Township.
Includes the owner or lessee of the land or premises within
which an alarm system is installed; the tenant, occupant, or person
having possession or control of any premises in which an alarm system
is installed; and any person having actual or constructive possession
of an alarm system when such alarm system signals an emergency.
A hazard, condition, or situation calling for immediate action
or urgent attention and to which municipal Fire Department personnel
are customarily expected to respond on an immediate or high priority
basis.
Includes, firefighters and other employees of the Township
who provide emergency services to persons and/or to property within
the Township.
A signal given by an alarm system or an alarm monitoring
agency when no emergency is found by the Fire Department personnel
that respond to the alarm. Type I false alarms are caused by malfunction
of the system, weather or other nonhuman sources.
A signal given by an alarm system or an alarm monitoring
agency when no emergency is found by the Fire Department personnel
that respond to the alarm. Type II false alarms are caused by alarm
users or contractors, cleaning people or others contracted by alarm
user or agent.
No person shall install or use a device or combination of devices
which will, upon activation, either mechanically, electronically,
or by other means, initiate the automatic intrastate calling, dialing,
or connection to any telephone number assigned to the Township Fire
Department or the 911 emergency number which connects or assigns the
call to the Fire Department.
All alarm systems hereafter installed which emit a signal audible
beyond the boundaries of the property protected shall have an automatic
shutoff feature that silences the audible portion of the alarm not
more than 15 minutes after being tripped. All persons shall terminate
the use of existing alarm systems that lack this automatic shutoff
feature within 60 days after the effective date of this chapter.
Every alarm user shall exercise due care to install, maintain
and use every alarm system so as to avoid its signaling false alarms.
Every alarm user shall diligently instruct, supervise, and control
those having access to the alarm system and the alarmed premises,
and shall take all reasonable steps to prevent the system from signaling
false alarms. An electrical permit shall be obtained from the Township
for all alarm systems installed after the effective date of this chapter.[1]
Alarm systems which signal more than the number of false alarms
set forth below are deemed to be abusive of the Fire Department personnel
and are declared to be a public nuisance. Alarm systems or alarm monitoring
agencies are in violation whenever any alarm system signals more than
three Type I false alarms in any one calendar year. Alarm systems
or alarm monitoring agencies are in violation whenever any alarm system
signals more than one Type II false alarm. False alarms which are
recorded in the first 60 days after installation of an alarm system
shall not be counted.
Every alarm user shall pay to the Township a fee for responding to false alarms in excess of the number set forth in § 90-7 above. The schedule of false alarm fees shall be periodically set by resolution of the Township. The fee shall be reasonably based on the Township's direct and indirect costs of responding to false alarms, administering the system of recording and classifying the alarms, and collecting and accounting for the user fees charged. Such fee shall be paid within 30 days of written notice thereof. The failure to pay within said time shall be a debt in favor of the Township, and the obligation of the alarm user and/or property owner subject to any collection process set forth herein and/or allowed by law.
The Township Fire Chief may initiate a corrective action in
the event excessive false alarms are signaled by any alarm system.
Such corrective actions may include one or more of the remedies enumerated
herein, imposition and collection of user fees by billing and/or prosecution
of civil actions, and the institution of civil proceedings for court
ordered abatement of nuisances. All of these remedies shall be cumulative.
For purposes of collecting the fees outlined in this chapter,
the alarm user is presumed to be that person whose name appears on
the most recent assessment roll approved by the Board of Review, as
updated, associated with the real or personal property protected by
the alarm system.
Fees for responding to false alarms may be collected through
the procedures prescribed by any or all of the following means:
A.
A lien on real property;
B.
A lien on personal property;
C.
Payment due on account for services rendered;
D.
Inclusion on the New Buffalo Township utility bill of the alarm user,
if the alarm user is a customer of the New Buffalo Township water
system and/or the Township sewer system;
E.
Any other action allowed by law to collect a debt.
The foregoing remedies are in addition to all other rights and
powers of the Township to proceed at law or equity with other and
additional appropriate remedies.
