City Regulations
§ 90.01 DEFINITIONS.
The following terms, when used in this chapter, shall have the meaning set forth in this section:
ALARM SYSTEM. A detection device or an assembly of equipment or devices arranged to signal the presence of a hazard requiring urgent attention and to which police officers and/or Fire Department personnel are expected to respond. The term ALARM SYSTEM shall encompass burglar alarms and fire alarms. However, alarm systems on motor vehicles shall be excluded from the definition and operation of this chapter unless the motor vehicle alarm is connected to an alarm system at the premises owned and/or leased by the user. Also excluded are internal alarm systems designed solely to alert or signal persons within the premises. If such an internal system, however, also employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises such an alarm system is within the provisions of this chapter.
ALARM USER. Any person, firm, or corporation who is the owner, and any person, firm, or corporation who is a lessee of said owner, of premises in which an alarm system as defined in this section is installed and maintained.
BURGLAR ALARM. An alarm within the definition of ALARM SYSTEM in this section which is designed to detect an unwarranted intrusion into a premises or an attempted robbery or other violent act at a premises. The term BURGLAR ALARM includes the terms “automatic hold-up alarm,” “intrusion alarm,” “disturbance alarm,” “panic alarm,” “robbery alarm,” “hold-up alarm,” and “local alarm.”
FALSE ALARM. Activation of an alarm system through mistake, mechanical failure, malfunction, improper installation, lack of prudent maintenance or through the negligence of the occupant of the residence and/or building in which the alarm system is located, including their employees or agents. FALSE ALARM shall also mean any activation of an alarm system which indicates a crime or situation other than that which it was designated to indicate, or in the case of fire alarm, any condition not resulting from a fire or potential hazard. An intruder alarm triggered by an animal from the outside of the building where the alarm is located shall constitute a false alarm. (Am. Ord. D-1906, passed 12-3-01, effective 12-13-01)
FIRE ALARM. An alarm system within the definition of ALARM SYSTEM in this section which is designed to detect and provide warning of a fire emergency, including local alarms. Smoke detectors or other internal fire suppression equipment designed to monitor products of combustion and temperature rise and, at a predetermined measurement, discharge
fire extinguishing substances are excluded from the definition and coverage under this chapter. If, however, such smoke detectors or fire suppression devices are connected to or are part of a system designed to signal persons outside the premises in which such detection equipment is located that a fire hazard exists on said premises then such internal detection and suppression equipment is within this definition.
LOCAL ALARM. An alarm system within the definition of ALARM SYSTEM in this section which employs audible signals designed to alert persons outside the premises in which the alarm system is located.
(`38 Gen'l Code, Ch. 4, § 501.1) (Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92)
§ 90.02 PERMITS.
(A) Alarm permits.
(1) Any person, firm, or corporation who, after March 1, 2002, shall take ownership, lease or occupy a premises in which a burglar and/or fire alarm system is installed and/or maintained shall obtain a permit from the City, regardless of any prior permits. Permits shall be obtained at the office of the City Clerk. (Am. Ord. D-1906, passed 12-3-01, effective 12-13-01)
(2) Any person maintaining or operating an alarm system at more than one (1) premises within the City shall obtain an alarm permit for each separate premises.
(3) Any alarm system user who maintains or operates an alarm system without first obtaining a permit, as required by this chapter, shall be guilty of a misdemeanor.
(4) Any person who uses a permit for any premises other than those identified on the application for the permit shall be guilty of a misdemeanor.
(5) A non-refundable permit fee shall be charged for the permit required by this chapter to help defray the costs incurred by the City in the administration, maintenance, and supervision of the provisions of this chapter.
(`38 Gen'l Code, Ch. 4, § 501.2)
(B) Application for permit.
(1) The permit application must be completed and signed by the alarm user of the premises on which the alarm system is maintained.
(2) The application shall include the following information:
(a) The address and telephone number of the premises on which the alarm system is maintained;
(b) The name, address, and telephone number of the owner of the premises;
(c) The name, address, and telephone number of the alarm user, if different than owner of premises;
(d) The name, address, and telephone number of the person, firm, or corporation installing and/or servicing the alarm system;
(e) Names, addresses, and telephone numbers of all persons responsible for extinguishing or resetting the alarm or device, checking the premises, or responding to notice from the Police and/or Fire Department(s) of an activation of the alarm system;
(f) A description of the alarm system;
(g) Such additional information as the Police and/or Fire Department may require.
(3) The application shall contain a statement, signed by all alarm users who are applying for a permit under this section, that the applicants have read the copy of this chapter provided by the City and are signing the application with full knowledge and understanding of the provisions of this chapter and that said applicants will comply with this chapter.
(4) The owner and the alarm user, if any, shall be required to keep all application information current.
(`38 Gen'l Code, Ch. 4, § 501.3)
(Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92)
§ 90.03 LICENSES.
No person, firm, or corporation shall engage in the business of providing for the installation, operation, and/or maintenance of a burglar and/or fire alarm system and/or a combined alarm monitoring sales facility unless properly licensed by the state pursuant to MCL 338.1051 et seq.
(`38 Gen'l Code, Ch. 4, § 501.4) (Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92)
§ 90.04 SHUT-OFF OF ALARMS.
Local alarms shall be equipped with an automatic shut-off device, deactivating audible signals within thirty (30) minutes. Whenever any local alarm continues to emit audible signals, whether continuously or on a regularly repeating basis, for over thirty (30) minutes, and persons listed on the permit application for the alarm system cannot be contacted by the Police Department and/or Fire Department, or do not respond within thirty (30) minutes of being contacted, and the audible signal creates a nuisance or disturbance to peace and tranquility of the surrounding area, the alarm user responsible for such alarm shall be guilty of a misdemeanor. In addition, the Police Department and/or Fire Department shall be authorized to disconnect or otherwise disable such local alarm by cutting such wires, disconnecting such speakers, or disabling such other components of the alarm system as are located on the exterior of the premises.
(`38 Gen'l Code, Ch. 4, § 501.5) (Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92)
§ 90.05 FALSE ALARMS.
No person shall knowingly cause a false alarm of fire or other emergency to be transmitted to any official agency or organization which deals with emergencies involving danger to life or property. The penalty for violation of this section shall be the penalty established by Section 103.4.4 of the Uniform Fire Code, as adopted and amended in § 92.20(D).
(`38 Gen'l Code, Ch. 4, § 501) (Ord. D-665, passed 9-8-64, effective 11-1-64)
Cross-reference:
False alarms, see § 92.05
§ 90.06 FALSE ALARMS: FEES.
(A) Fee for violation. Notwithstanding any penalties provided for upon conviction for any violation of this chapter, and notwithstanding the fact that prosecution for violation of this chapter has or has not commenced, every alarm user, operating an alarm system which signals false alarm as defined in § 90.01 within one (1) calendar year shall pay to the City a false alarm fee and/or shut off fee in order to defray a portion of the cost of response to alarm incidents.
(B) Amount of fee. The amount of the fee shall be that which is established by resolution of the City Council. After receiving the third false alarm or shut
off of local alarm occurrence, the department charging the fee shall notify the owner, lessee, or occupant of the premises, in writing, of this section and the amount of the fee at that time charged for violating the chapter, and subsequent violations during the calendar year.
(C) Billing and collection procedure.
(1) The charge and method of collection for the false alarm fees, shut off fees, and permits shall be subject to the collection procedure in any manner provided by law for the collection of a municipal claim. Unpaid charges shall become a lien against the real property being serviced by the alarm system.
(2) False alarm and shut off bills shall be mailed and become due and payable thirty (30) days following the billing date. Accounts past due and delinquent after ninety (90) days shall be charged against the property served thereby, and the owner thereof, shall become a lien thereon and shall be collected as provided in § 33.26.
(`38 Gen'l Code, Ch. 4, § 501.6) (Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92; Am. Ord. D-1906, passed 12-3-01, effective 12-13-01)
§ 90.07 EXCEPTIONS TO ALARM FEES.
Alarm conditions existing under the following circumstances shall not constitute a false alarm and no false alarm fee shall be assessed for:
(A) False alarms recorded in the first sixty (60) days after initial installation are not counted for enforcement purposes.
(B) False alarms recorded as a result of storms, earthquakes, or other violent conditions beyond the control of owners and/or alarm users.
(C) Alarm conditions being activated by a person working on the alarm system with prior notification to the City Police Department and/or Fire Department as appropriate.
(D) Alarms which can be substantiated as being activated by disruption or disturbances of telephone company facilities or motor vehicle-utility pole accidents.
(`38 Gen'l Code, Ch. 4, § 501.7) (Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92)
§ 90.08 FALSE ALARMS: VIOLATION NOTICE AND APPEAL.
(A) Within ten (10) days of the date of receipt of a Notice of Alarm Violation, an alarm user wishing to appeal a false alarm violation and the associated fee as a result of a condition described in § 90.07 may do so by a written appeal request.
(B) The appeal request, directed to the Police or Fire Department, shall contain documentation of the applicable condition as described in § 90.07.
(C) The Police Chief or Fire Chief, or a designated representative, shall make a determination on the appeal request and shall notify the alarm user of the decision in writing.
(D) In the event the alarm user is not satisfied with the decision rendered by the Police or Fire Chief, or a designated representative, the alarm user, within ten (10) days of the determination of the Police or Fire Chief, may file with the City Manager a written request that the determination be reconsidered.
(E) The City Manager or his or her designee shall decide whether to uphold or set aside in whole or in part the decision reached by the Police or Fire Chief. The alarm user shall be notified of that
decision in writing. If the alarm user believes it is necessary to appeal the decision, he or she may have the opportunity to personally be present and may be heard on the matter by the City Manager or his or her designee.
(F) In determining appeals, the Police or Fire Chief, or the City Manager or his or her designee, shall take into account the following criteria:
(1) The definition of FALSE ALARM set forth in § 90.01, and exceptions thereto set forth in § 90.07;
(2) The provisions of § 90.06 respecting false alarm fees;
(3) All police reports and other records respecting the alleged false alarms; and
(4) The credibility of testimony and other evidence presented at the appeal.
(G) An alarm user aggrieved by the decision of the City Manager to require payment of a false alarm fee may appeal the decision of the City Manager in a court of competent jurisdiction.
(`38 Gen'l Code, Ch. 4, § 501.9) (Am. Ord. D-1719, passed 7-25-94, effective 8-4-94) (Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92; Am. Ord. D-1906, passed 12-3-01, effective 12-13-01)
§ 90.09 DEFECTIVE ALARMS.
(A) An alarm system signaling more than five (5) false alarms within a calendar year shall be inspected and/or repaired. Upon written notice, the owner or alarm user of the building or residence shall have the alarm system inspected, at the owner or user's expense, by a licensed alarm system contractor within ten (10) days of receipt of the fifth notice of alarm violation and shall forward to the Police Department and/or Fire Department said contractor's report of the probable cause of the false alarms and the measures instituted to eliminate same.
(B) Failure to have an alarm system inspected after notice of five (5) false alarms within a calendar year may result in prosecution for ordinance violation.
(`38 Gen'l Code, Ch. 4, § 501.10) (Ord. D-665, passed 9-8-64, effective 11-1-64; Am. Ord. D-1681, passed 12-21-92, effective 12-31-92)