BYLAW NO. B-22/2010 OF THE CITY OF AIRDRIE IN THE PROVINCE OF ALBERTA

Transcription

1 BYLAW NO. B-22/2010 OF THE CITY OF AIRDRIE IN THE PROVINCE OF ALBERTA Being a bylaw to reduce the number of false security alarms responded to by the City of Airdrie s Police Service WHEREAS the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 and any amendments thereto, provides that a council of a municipality may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; and WHEREAS the purpose of a municipality includes the development and maintenance of safe and viable communities and the provision of services, facilities or other things that, in the opinion of Council, are necessary or desirable for all or a part of the municipality; and WHEREAS numerous alarms received by City of Airdrie Police Service are False Alarms; and WHEREAS responding to False Alarms increases the cost of providing police services and may reduce the ability for the City of Airdrie Police Service to respond to other emergency events; and WHEREAS the Council of the City of Airdrie deems it desirable to establish a Bylaw regarding False Alarms and a system of fees to be charged for responding to False Alarms for the purpose set out herein; NOW THEREFORE, the municipal Council of the City of Airdrie, in the Province of Alberta, in Council duly assembled, hereby enacts the following: SHORT TITLE 1.1 This Bylaw may be referred to as the Security Alarm Systems Bylaw. 1.2 The purpose of this Bylaw is to assist in the reduction of False Alarms requiring a response from the City of Airdrie Police Service within the City of Airdrie corporate limits.

2 Bylaw No. B-22/2010 Page 2 of 5 INTERPRETATION Section 2 Definitions 2.1 In this Bylaw: a) Alarm Site shall mean a single fixed premises or location within the City of Airdrie that is served by a Security Alarm System and shall include a condominium unit or apartment suite; b) Appeal Board means the General Appeal Board appointed by the City of Airdrie Council. c) Chief Administrative Officer means the person appointed to the position and title of City Manager by Council, or his delegate; d) Council shall mean the Council of the City of Airdrie, as defined by the Municipal Government Act, R.S.A. 2000, c. M-26, as amended; e) False Alarm shall mean any second or subsequent activation of a Security Alarm System which results in a response and attendance by the Police Service at an Alarm Site no matter how that request for service is received and where no unauthorized entry or illegal act or other similar emergency condition has occurred, as determined by the Police Service and includes, without limitation: i) the testing of a Security Alarm System without prior notice to the Police Service; ii) a Security Alarm System which is activated by mechanical failure or malfunction, or faulty equipment; iii) a Security Alarm System which is activated by the presence or movement of pets, or any other interior movement at the Alarm Site; iv) a Security Alarm System which is activated by any act of negligence, error or omission; or v) a Security Alarm System which is activated by atmospheric conditions, excessive vibrations, power failure or communications failure. f) Owner is defined as a Person who holds legal title to the premises where the Security Alarm System is affixed.

3 Bylaw No. B-22/2010 Page 3 of 5 g) Peace Officer means any member of the Royal Canadian Mounted Police, a Peace Officer, a Community Peace Officer, and a Bylaw Enforcement Officer of the City of Airdrie; h) "Person" means a natural person or a body corporate and includes a partnership, a group of Persons acting in concert or an association unless the context explicitly or by necessary implication otherwise requires; i) Police Service shall mean the Royal Canadian Mounted Police (R.C.M.P.) as contracted by the City of Airdrie; and j) Security Alarm System shall mean any device or series of devices that are designed to detect an unauthorized entry or other illegal act at an Alarm Site which, when activated, emits or transmits a local or remote audible, visual or electronic signal intended to act, or to summon the Police Service whether monitored by an alarm service provider or not, but specifically excludes an alarm installed in a vehicle. Section 3 False Alarm Response Fees 3.1 Where the Police Service has responded to a False Alarm, a False Alarm fee pursuant to Schedule A of this Bylaw may be charged to the Owner of the Alarm Site where the False Alarm occurred. 3.2 Where the Police Service has responded to a False Alarm and circumstances around the weather conditions or an extraordinary circumstance may have contributed to the False Alarm, the responding officer of the Police Service is given discretion under this Bylaw to charge or not charge fees as set out in the Bylaw. 3.3 Any Person who is charged a fee pursuant to this Bylaw must pay the fee within the time and in the manner specified on the invoice setting out the fee. Section 4 Appeal Process 4.1 Any decision of a Peace Officer pursuant to this Bylaw may be appealed: a) firstly, to the Chief Administrative Officer in writing within fourteen (14) days of the date of invoice; and b) secondly, to the Appeal Board in writing within fourteen (14) days of the date of the decision of the Chief Administrative Officer. An appeal to the Appeal Board must be accompanied by the appropriate fee as set by the Director, Corporate Services.

4 Bylaw No. B-22/2010 Page 4 of 5 Section 5 Effective Date 5.1 This bylaw shall come into effect as of January 1, READ a first time this 6th day of December, READ a second time this 6th day of December, READ a third time this 6th day of December, EXECUTED this 6th day of December, P. Brown MAYOR S. Pollyck CITY CLERK

5 Bylaw No. B-22/2010 Page 5 of 5 SCHEDULE A Description Property Type Fee False Alarm Fee Residential $ 75 False Alarm Fee for second and subsequent infractions within a twelve (12) month period at the same Alarm Site Non-Residential $ 125 Residential $ 150 Non-Residential $ 250