False Alarm Reduction By-law

1. Definitions

1.1  ALARM is any signal activated for the legitimate purpose of notification of a criminal act, an attempted criminal act, or any bonafide emergency situation at a premise.

1.2  ALARM BUSINESS means the business by an individual, partnership, corporation or other entity, which sells, leases, maintains, services, repairs, alters, replaces, moves, installs or monitors an alarm device, and may include reporting the occurrence of alarms to the police service.

1.3  ALARM DEVICE means any device or series of devices installed on real property and designed to detect criminal activity or unauthorized entry or emergency which when activated, emits or transmits a local or remote audible, visual or electronic signal intended to alert the alarm system owner, summon the police service, whether monitored by an Alarm Business or not. This definition does not include an alarm installed in a vehicle or on a person unless the vehicle or personal alarm is permanently located at the premises.

1.4  ALARM SYSTEM OWNER means the owner, occupant or lessee of a building, structure or premise that has a security alarm system or the lessee of a security alarm system.

1.5  BOARD shall mean the Norfolk County Police Services Board

1.6  FALSE ALARM means any signal from a security alarm system that is reported to the police service, resulting in a false dispatch that is caused by:

• the testing of an alarm without police knowledge and approval;
• alarms caused by the negligence or carelessness of the Alarm Business, the Alarm System Owner or alarm user;
• alarms activated due to mechanical failure or improper installation; and/or
• alarms activated by internal or external atmospheric conditions, vibrations, or power surges.

1.8   POLICE SERVICE shall mean the Ontario Provincial Police (OPP), or the Police Service specifically contracted by Norfolk County to provide Policing Services.

2. Fees for false alarms

2.1 Where there is a Police response to a False Alarm, the Alarm System Owner shall be responsible for the fee as set out in Norfolk County User Fees By-Law.

2.2 An Alarm shall not be classified as a False Alarm, if, within forty-eight (48) hours of the police service response, the Alarm System Owner or an Alarm Business furnishes evidence to the police service that the Alarm was caused by:

• an unauthorized entry or attempted unauthorized entry into the building, structure or facility;
• an extraordinary circumstance as determined by the police service Detachment Commander.

3. Collection of false alarm fees

3.1 The police service shall provide Norfolk County Administration & Client Services staff with the required information within 15 days of the end of a calendar month, regarding False Alarm occurrences in the preceding month for invoicing and collection purposes. Required information includes at a minimum the name of the alarm system owner and the address.

3.2 Fees shall be invoiced and collected by Norfolk County, in accordance with the processes established in Norfolk County's Accounts Receivable Policy and Procedures. Invoices shall be printed and mailed to the alarm system owner. Invoices shall be dated on the day of printing and mailed within five (5) business days of the date of printing.

3.3 Norfolk County will take appropriate steps as provided for in the Municipal Act, 2001 to collect outstanding false alarms fees following the procedure established in the Norfolk County's Accounts Receivable Policy and Procedures.

4. Appeals

4.1. The premises  owner/occupier may appeal the validity of a determination that an alarm was false by submitting an appeal form or letter in writing, and the prescribed user fee to the Board within thirty (30) days of the date of the invoice.

4.2. The prescribed user fee will be included in the Norfolk County User Fee By-Law. The fee is non-refundable after submitting the appeal form.

4.3. The Board shall review the appeal within sixty (60) days after the appeal is filed.

4.4. The Board shall decide upon affirmation or the reversal of the assessment of the fees.

4.5. The decision by the Board shall be final and conclusive for all purposes.

4.6. Upon conclusion the Board shall notify the Alarm System Owner and the County in writing of the decision.

5. Partial invalidity

5.1 If any term of this by-law or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this by-law and/or the application of such term to circumstances, other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this by-law shall be separately valid and enforceable to the fullest extent permitted by law.

6. Enactment

6.1 The short title of this by-law is the False Alarm Reduction By-Law.

6.2 PSB BY-LAW NO. 1-08 is hereby repealed.

6.3 This By-Law shall be effective March 1, 2020, conditional upon approval by Norfolk County Council.

Enacted and passed this 22nd day of January 2020.