HomeMy WebLinkAboutKIN 94 040 False Alarms Bylaw
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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;
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(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.
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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.
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Máyor
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Clerk