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HomeMy WebLinkAboutKIN 94 040 False Alarms Bylaw · . · · . · THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1994-40 A BY-LAW TO PROHIBIT THE ACTIVATION OF SECURITY ALARMS WITHOUT PROPER CAUSE AND TO REGULATE THE USE OF SECURITY ALARMS . WHEREAS the Municipal Act R.S.O. 1990 section 210 as amended, provides that council may pass by-Laws; NOW THEREFORE The Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. In this by-law, unless the context otherwi8e specifies: (1) "alarm" means any mechanical or electrical device which is designed or used for the detection of unauthorized entry into any building, structure, or facility or for alerting others to the commission of an unlawful act, or both, and which emits a sound or transmits a signal or message when activated but does not include a device that is installed in a vehicle. (2) "alarm system" (a) means an alarm or all alarms which: (i) are within an enclosed physical area; and (ii) can be turned on or off independently of other alarms, from an operating control. (3) "automatic calling device" means any device, or combination of devices, that will, upon activation, either mechanically, electronically or by any other automatic means initiate a telephonic or recorded message which is designed to be transmitted over regular telephone lines; (4) "false alarms" (a) includes but is not limited to an alarm activate unnecessarily, or improperly, resulting in a police response and includes; · . · · . · (i) the testing of an without notifying Detachment Commander designate; alarm the or his (ii) an alarm actually or apparently activated by mechanical failure, malfunction or faulty equipment; (iii) an alarm activated accidentally by the owner of premises, his agent or employee (collectively, "the owner") (b) does not include; (i) any alarm which the owner can demonstrate was caused by a storm, lightning, earthquake, or any other Act of God or telephone system failure or power failure; or (ii) any alarm which the owner can demonstrate was actually cause by the act of some other person other than (a) the owner, agents, employees, independent contractors or any other person subject to the direct or indirect control of the owner, (b) the person who installed, connected, operated, maintained or serviced the alarm system, or ( c) the manufacturer of the alarm system, including the manufacturer's officers, agent, employees, independent contractors or any person subject to the direct or indirect control of the manufacturer. 2. means anyone who owns, leases, uses or has installed on the premises an alarm device or an alarm system. No person shall cause or permit a public nuisance by or permitting a false alarm on more than four (4 ) occasions in any period of three hundred and sixty-five (365) consecutive days. (5) "owner" 3. No person shall install, maintain or use an audible alarm that is capable of being sounded continually for a period of greater than fifteen (15) minutes after each activation. · . · · . · No person shall install, maintain or use an automatic calling device designed to transmit a message to the Kincardine OPP detachment. 5. The owner shall: 4. (a) (b) be capable of obtaining or allowing access to the premises where the alarm is located; and attend the premise where the alarm is located, within thirty (30) minutes of being requested to do so by a member of the ontario Provincial Police following the activation of an alarm. (c) 6. An owner may designate one his behalf provided the Kincardine OPP detachment. on the or more persons to act owner has notified 7. Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the penalties as prescribed in the Provincial Offences Act, R.S.O. 1990, Chapter P.33. 8. This by-law shall come into full force and effect upon its final passage. 9. This by-law may be cited as the "False Alarms By-Law". READ a FIRST and SECOND time this 16th day of June, 1994. READ a THIRD time and FINALLY PASSED this 7th day of July, 1994. ~~v--- Máyor ~ Clerk