[HISTORY: Adopted by Board of Trustees of the Charter Township of
Northville 7-11-1991 as Ch 40 of the Code of Ordinances.
Amendments noted where applicable.]
This chapter is adopted to regulate the use of alarm systems and penalize
those responsible for alarm systems which give false alarms, thereby diverting
the resources of the Township away from actual alarms.
These words and phrases shall be defined as follows:
A detection device or an assembly of equipment and devices arranged
to signal the presence of a hazard or the commission of a crime requiring
urgent attention or to which police or firemen are expected to respond. This
definition includes fire alarm systems which monitor temperature, humidity
or other conditions and alarm systems directly related to the detection of
an unauthorized intrusion into a premises or an attempted robbery at a premises.
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence of the owner or lessee of an alarm
system or of his employees or agents. "False alarm" does not include an alarm
caused by a hurricane, tornado, earthquake or other violent condition beyond
the control of the owner or lessee of an alarm system or of their employees
or agents and does not include a prearranged alarm system test.
The Police and Fire Departments of the Township, including the Police
and Fire Dispatch Center of the Township or of any agency providing that service
to the Township.
A.
An alarm system installed in commercial or public buildings
shall utilize equipment and methods of installation equivalent to or exceeding
minimum Underwriters Laboratory, American National Standards Institute or
any other nationally recognized testing laboratory requirements for the appropriate
installation and shall be certified as such by an alarm system contractor
licensed under the laws of the State of Michigan.
B.
An alarm system installed in a residence shall utilize
equipment equivalent to or exceeding minimum applicable Underwriters Laboratory
or American National Standards Institute requirements for household burglar
and fire alarm systems, and shall be certified as such by an alarm system
contractor licensed under the laws of the State of Michigan.
C.
If the alarm system was installed prior to the effective
date of this chapter, it shall be inspected and certified by an alarm system
contractor licensed under the laws of the State of Michigan within six months
after the effective date of this chapter.
The owner or lessee of an alarm system shall be responsible for the
proper installation, operation, and maintenance of the alarm system in compliance
with this chapter and state law and may be charged and prosecuted for any
violation.
Following three false alarms from an alarm or three violations of this
chapter by those responsible for an alarm system during any twelve-month period,
the Police or Fire Department may remove, disconnect and refuse to respond
to further alarms from that alarm system until it has been inspected and recertified
by a licensed alarm systems contractor as being properly installed, operated
and maintained in compliance with this chapter and the laws of the State of
Michigan. The Police and Fire Departments shall not take any action pursuant
to this section or refuse to respond to further alarms until 10 days after
the party responsible for maintaining the alarm system has been served by
registered mail, return receipt requested, with a written notice of intent
to take action pursuant to this section and, if at the expiration of the 10
days, documentation of inspection and recertification has not been delivered
to the Police or Fire Department. If the Police or Fire Department is unable
to effect service by registered mail, then service may be effected by posting
the notice on any exterior door of the premises, which the alarm system serves
and action may be taken under this section 10 days after posting.
A.
No person, firm or corporation shall institute, use or
operate, attempt to use operate or cause to be used or operated or arrange,
adjust, program or otherwise provide or install any device or combination
of devices that will upon activation, either mechanically, electronically
or by other automatic means, initiate the calling, dialing or connection to
any telephone number assigned to any subscriber, including without limitation
any police, fire, public safety, ambulance or health service agency or entity
by a public telephone company without the prior written consent of such subscriber.
It shall be presumed that any such unconsented calling, dialing, or connecting
was initiated or instituted by and emanated due to use or operation hereinbefore
prohibited by the person, firm or corporation assigned the telephone number
from which such call, dialing or connection originated, emanated or was transmitted.
B.
The term "telephone number" means any number assigned
to a person, firm or corporation by a public utility company engaged in the
business of providing communication services and facilities, including without
limitation any additional numbers assigned by a public utility company engaged
in the business of providing communication services and facilities to be used
by means of a rotary or other system to connect a subscriber to such primary
number if the primary telephone number is in use.
C.
No person, firm or corporation shall publish or cause
to be published or disseminate or cause to be disseminated any telephone number
of any police, fire, public safety, ambulance or health agency or entity which
is not the true and correct telephone number of said agency or entity.
The owner or lessee of the alarm system shall be liable to the Township
for any expenses incurred by the Township in controlling or responding to
false alarms after the third occurrence within any twelve-month period.
Any person who shall violate any of the provisions of this chapter shall
be responsible for a municipal civil infraction, subject to the following
penalties:
A.
The following civil fines shall apply in the event of
a determination of responsibility for a municipal civil infraction, unless
a different fine is specified in connection with a particular section:
(1)
First offense. The civil fine for a first offense violation
shall be in the amount of not less than $150, plus costs and other sanctions,
for each offense.
(2)
Repeat offense. The civil fine for any offense which
is a repeat offense shall be in an amount of not less than $300, plus costs
and other sanctions for each offense.
B.
In addition to ordering the defendant determined to be
responsible for a municipal civil infraction to pay a civil fine, costs, damages
and expenses, the Judge or Magistrate shall be authorized to issue any judgment,
writ or order necessary to enforce, or enjoin violation of the chapter.
C.
Continuing offense. Each act of violation, and on each
day upon which any such violation shall occur, shall constitute a separate
offense.
D.
Remedies not exclusive. In addition to any remedies provided
for by the Code of the Charter Township of Northville, any equitable or other
remedies available may be sought.
E.
The Judge or Magistrate shall be authorized to impose
costs, damages and expenses as provided by the law.
F.
A municipal civil infraction shall not be a lesser included
offense of a criminal offense or of an ordinance violation which is not a
civil infraction.
