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Battle Creek Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF BATTLE CREEK MICHIGAN
PREMILINARY UNIT
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
CHAPTER 802 Licensing in General; Fees, Bonds and Insurance
CHAPTER 803 Alarm Systems
CHAPTER 804 Ambulance Services
CHAPTER 805 Amusement Devices
CHAPTER 806 Auctions and Auctioneers
CHAPTER 808 Bowling Alleys
CHAPTER 810 Cable Television
CHAPTER 812 Carnivals and Shows
CHAPTER 814 Downtown Business District Regulations
CHAPTER 815 Special Events
CHAPTER 816 Circuses
CHAPTER 817 Commercial Quadricycles
CHAPTER 818 Hotel, Motel, and Tourist Home
CHAPTER 819 Electric Skateboards/Electric Scooters
CHAPTER 820 Commercial Airlines
CHAPTER 822 Commercial Businesses
CHAPTER 824 Dances and Dance Halls
CHAPTER 826 Fumigators
CHAPTER 827 Garage Sales
CHAPTER 828 Gasoline Stations
CHAPTER 829 Limousine Services
CHAPTER 830 Mechanical Amusement Devices
CHAPTER 831 Liquor Licenses
CHAPTER 832 Mechanical Amusement Rides
CHAPTER 833 Medical Marihuana Facilities
CHAPTER 834 Open Parking Stations
CHAPTER 835 Adult Use Marihuana Establishments
CHAPTER 836 Pawnbrokers; Secondhand Goods and Junk Dealers
CHAPTER 838 Peddlers
CHAPTER 840 Pool and Billiard Rooms
CHAPTER 841 Precious Metal and Gem Dealers
CHAPTER 842 Rental Housing
CHAPTER 844 Shooting Galleries, Target Areas and Gun Clubs
CHAPTER 845 Sidewalk Cafes
CHAPTER 846 Skating Rinks
CHAPTER 848 Solicitors
CHAPTER 850 Taxicabs
CHAPTER 852 Tent Shows and Meetings
CHAPTER 854 Theaters
CHAPTER 856 Theme and Recreation Parks
CHAPTER 858 Transient Merchants
CHAPTER 860 Tree Trimming, Cutting or Removing
CHAPTER 862 Used Motor Vehicle Sales Lots
CHAPTER 864 Vendors
CHAPTER 866 Drop Boxes
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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803.01 PURPOSE AND INTENT.
   When a fire detection system, burglar alarm, or other alarm device is activated, the City's Fire Department or Police Department respond to protect the lives and property of the citizens and businesses of the City of Battle Creek. This response often requires the Fire or Police Department to place numerous emergency vehicles on the streets, which inherently increases the dangers to members of the Fire and Police Departments, and to the residents and visitors of the City. Although the City supports and encourages the use of alarm systems to alert to fires and detect intruders, malfunctions of alarm systems result in increased dangers, and unnecessary expense.
   The purpose of this chapter is to require alarm users throughout the City to maintain operational reliability and to properly use alarm systems connected to an alarm monitoring company in a manner which will reduce false alarm responses required by Fire Department or Police Department personnel, thereby reducing and preventing the misuse of fire and police resources at taxpayer expense. Communities throughout the nation have found that the use of a regulatory ordinance designed to first encourage remedial measures, with progressively increased penalties imposed for failure to implement such measures, reduces the overall number of false alarms by significant percentages. Therefore, in order to further public safety and welfare, and to reduce the undue burden incurred by taxpayers for false alarm responses, the City Commission hereby amends this Chapter 803, which shall be known as "The City of Battle Creek Alarm Systems Ordinance."
(Ord. 06-2023. Passed 6-6-23.)
803.02 DEFINITIONS.
   As used in this chapter:
   (a)   “Alarm monitoring company” means a company or entity engaged in central monitoring, the receiving of alarms from connected alarm systems, and which is authorized to place calls to the direct dispatch phone number at the Calhoun County Consolidated Dispatch Authority (CCCDA).
   (b)   “Alarm Safety Board” means the body as organized in this chapter and which may exercise such powers as are conferred upon it by this chapter.
   (c)   “Alarm system” means any mechanical or electrical device, including an electronic access control system, a video monitoring system, a burglar alarm system, smoke detectors, or any other electronic system that is designed to emit an audible alarm or transmit a signal or message to a central monitoring station if it is activated and that is used to detect an unauthorized entry into a protected premises or alert other persons of the occurrence of a fire or medical emergency or the commission of an unlawful act against a person or in a protected premises. The term includes, but is not limited to, a silent, panic, holdup, robbery, duress, burglary, medical alert, or proprietor alarm that signals a central monitoring station. A security alarm system includes any system that can electronically cause an expected response by a law enforcement agency to a protected premise by means of the activation of an audible signal, visible signal, electronic notification, or video signal, or any combination of these signals, to a remote monitoring location on or off a protected premise. Excluded from this definition are single-family residence smoke or heat detectors not connected with an alarm system at a premise, alarm systems on motor vehicles not connected with an alarm system, or a system that is not monitored by a central monitoring station and does not set off an audible alarm.
   (d)   “Alarm system agent” means a person employed by an alarm system contractor, whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing and responding to (or causing others to respond to) an alarm system.
   (e)   “Alarm system contractor” means a person, corporation, company, or other entity engaged in the installation, maintenance, alteration or servicing of alarm systems, central monitoring, or who responds to an alarm system. “Alarm system contractor” does not include a business which only sells or manufactures alarm systems, unless the business services alarm systems, installs alarm systems or monitors or responds to alarm systems at the protected premises.
   (f)   “Alarm user” means any person, partnership, corporation, company, or other entity on whose premises within the City an alarm system is maintained; or who has either an ownership interest in the premises or a leasehold interest in the premises, or who occupies the premises, or who has some dominion and control over the premises where the alarm system is installed and operating. However, if an alarm system on a motor vehicle is connected with an alarm system at a premises, the person using such system is an alarm user.
(Ord. 13-85. Passed 7-16-85.)
   (g)   “Annunciation panel” means a device that consists of a number of visible signals such as “flags” or lamps indicating the status information about a circuit, condition or location.
   (h)   “Burglar alarm” means an alarm that notifies an alarm monitoring company that an intrusion or holdup is in progress at the premises.
   (i)   “Central monitoring” means a remote monitoring service provided by an alarm monitoring company that receives electronically or over regular telephone lines, by direct connection or otherwise, a prerecorded message or coded signal indicating the existence of a burglar alarm or a fire alarm. The term does not include an alarm user who receives signals or messages about their own security alarm system.
   (j)   “Connection fee” means the fee paid for the privilege of making a connection directly to an alarm monitoring company which mechanically, electronically or by other means initiates the automatic calling or dialing of a connection directly to the Dispatch Center for the purpose of delivering a message.
   (k)   “Dispatch Center” means the CCCDA maintained by its governing Board of Directors to receive requests for and dispatches police or fire service. (Ord. 13-85. Passed 7-16-85.)
   (l)   “False alarm” means the activation of an alarm system:
      (1)   Through improper installation or negligence of the alarm user or of employees, agents, guests, residents, or invitees;
      (2)   Through the intentional activation of the alarm system without reasonable and legitimate need or cause by the alarm user or by employees, agents, guests, residents, or invitees;
      (3)   Through faulty equipment, malfunction, or lack of prudent maintenance;
      (4)   Triggered by an animal; or
      (5)   Triggered by testing without prior written notice to the City.
         “False alarm” does not include an alarm caused by meteorological or geological conditions, activation of the system by disruption or disturbance of telephone or other communication systems, motor vehicle utility pole accidents, mechanical or electrical failure of the system, industrial or commercial accidents to the system, or war.
(Ord. 14-87. Passed 10-13-87.)
   (m)   “Fire alarm” means an alarm that notifies an alarm monitoring company that a possible fire is in progress.
   (n)   “Fire Department” means the City of Battle Creek Fire Department.
   (o)   “Police Department” means the City Police Department.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
803.03 INSTALLATION AND REGISTRATION.
   (a)   No person shall engage in the business of an alarm system contractor or alarm system agent, or become an agency furnishing those services, notwithstanding the name or title used in describing the agency and notwithstanding that other functions and services may also be performed for fee, hire or reward, nor shall any person advertise such business, without having first obtained a license to do so as provided in Public Act 330 of 1968, as amended, being MCL 338.1051 et seq., for each bureau, agency, sub-agency, office and branch office owned, conducted, managed or maintained for the conduct of that business, or, in the case of required fire alarm systems and required fire suppression systems, without first having secured certification pursuant to Public Act 407 of 2016, as amended, being MCL 339.5101 et seq., and rules promulgated by the State Fire Safety Board.
   (b)   No person shall sell, operate, adjust, arrange for or contract to provide a device which, upon activation, either mechanically, electronically or by other means, initiates the automatic calling or dialing of, or makes a connection directly to, an alarm monitoring company for the purpose of delivering a recorded message, without first registering with and receiving the written authorization of the Police Department or the Fire Department. In addition to other information deemed necessary by the Police Department, the Fire Department or the City Attorney's Office to implement this chapter, each applicant shall furnish their name, their agent’s name and their agent’s residence and business address, telephone number(s), and email address on forms furnished by the Police Department or the Fire Department. No person shall provide inaccurate information on the registration form, fail to provide the information required by this chapter, fail to notify the Police Department or the Fire Department of any change in registration information within forty-eight hours of the change or fail to pay a connection fee as provided in Section 802.24 . Such connection fee shall be payable within thirty days after the effective date of this amended chapter (Ordinance 06-2023, passed June 6, 2023) by any person presently maintaining such a connection. A fire alarm shall not be connected to an alarm monitoring company until the connection fee is paid.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
   (c)   In addition to the fees required under this chapter, an alarm user or alarm system contractor shall be responsible for securing any additional permits as may be required by City ordinances. (Ord. 14-87. Passed 10-13-87.)
803.04    CONTRACTOR REQUIRED FOR INSTALLATION; MINIMUM INSTALLATION STANDARDS.
   (a)   No alarm system shall be installed or operated in the City unless the system is installed by an alarm system contractor licensed under Public Act 330 of 1968, as amended, being MCL 338.1051 et seq., Public Act 580 of 2012, being MCL 338.2121 et seq., or, in the case of a required fire alarm system, unless certified pursuant to Public Act 144 of 1982, as amended, Public Act 407 of 2016, as amended, being MCL 339.5101 et seq., and the rules promulgated by the State Fire Safety Board. However, an owner or occupant of a residence, for their own use, may install and operate an alarm system. Nothing in this subsection shall be construed to relieve any person from the registration requirements of Section 803.02 or the permit requirements of Section 803.05.
   (b)   A fire alarm system required to be installed in a commercial or public building shall utilize equipment and methods of installation equivalent to or exceeding minimum Underwriters' Laboratories, American National Standards Institute, National Fire Protection Association or other nationally recognized testing laboratory requirements for the appropriate installation.
   (c)   An alarm system installed in a residence shall utilize equipment equivalent to or exceeding minimum applicable Underwriters' Laboratories or American National Standards Institute requirements for a household burglar or fire alarm system.
(Ord. 13-85. Passed 7-16-85.)
   (d)   Any alarm system designed to emit an audible siren, noise, flashing light, beacon or other sound or light annunciation so as to signal persons outside the premises shall be equipped to automatically terminate the local annunciation of the alarm system within five minutes (fifteen minutes in Agricultural and Heavy Industrial Districts) from the initial light or sound emission.
(Ord. 14-87. Passed 10-13-87.)
   (e)   An alarm system contractor, before the installation or modification of any alarm system that provides warning of a fire emergency, shall submit detailed plans and specifications to the Fire Chief or the Fire Chief’s designated representative. Further, in the case of multiple occupancy residences, an annunciation panel shall be installed in an area readily accessible to Fire Department personnel to indicate the section of the building where the alarm system was activated.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
803.05 ALARM USER PERMITS.
   (a)   Before the operation of an alarm system, or within thirty days after the effective date of this amended chapter (Ordinance 06-2023, passed June 6, 2023) for alarm systems in operation on such date, every alarm user in the City shall obtain an alarm user permit annually for each alarm system operated within the City from the Police Department or the Fire Department. This section does not require an alarm system agent or an alarm system contractor to obtain a permit when it leases or provides services to alarm users. However, if an alarm system agent or alarm system contractor uses an alarm system to protect its own premises, it shall obtain a permit. Alarm users shall also comply with the following:
      (1)   Alarm user permits are not transferrable. A new tenant, property owner, or any other new user must apply for a new permit.
      (2)   If an alarm user operates both a burglar alarm and a fire alarm from the same electrical panel, only one permit fee is required for the entire system.
      (3)   Any person or business that uses an alarm system without having a valid user permit shall be responsible for a civil infraction and subject to civil fines and penalties of up to five hundred dollars ($500.00) per alarm use. If the Police Department or Fire Department responds to a call for assistance from a user’s alarm system for which no permit has been obtained, the responding department shall instruct the user to obtain the necessary permit for the alarm system at the premises. The user shall be provided written notice to apply for the necessary alarm permit within fourteen days. If an alarm user permit application is not received within fourteen days, then no later than twenty-one days after the first written notice, the user shall be provided a second written notice to apply for the necessary alarm permit within fourteen days. The Police Department shall send written notices for burglar alarm systems. The Fire Department shall send written notices for fire alarm systems. If an alarm user operates both a burglar alarm and a fire alarm from the same electrical panel, then the notices may be sent by either the Police Department or the Fire Department, but not both. If an alarm user has not obtained a permit to use the alarm system after having been sent two written notices informing the user to obtain a permit and notifying the user that the Police Department or Fire Department will not respond to calls from non-permitted alarm systems, then the Police Department or Fire Department may refuse to respond to any further alarm calls from the user’s premises until an alarm user permit is obtained and any applicable connection fee is paid.
(Ord 14-87. Passed 10-13-87.)
   (b)   Burglar alarms shall be registered with the Police Department. An alarm user applying for a permit shall pay a registration and inspection fee as provided in Section 802.24 and complete a permit application form annually containing the following information:
      (1)   Alarm user’s name, and, if applicable, the name of any other person responsible for the alarm system;
      (2)   The address of the residence or business in or upon which the alarm system has been or will be installed;
      (3)   Alarm user’s home, business, and cellular telephone numbers, and email address;
      (4)   The name of the alarm system agent or alarm system contractor selling, installing, monitoring, inspecting, responding to and/or maintaining the alarm system;
      (5)   The location of the annunciation panel; and
      (6)   The names and telephone numbers of at least three persons who can be reached at any time, who are authorized to promptly respond to an alarm system, who can open the premises in which the system is installed and who live fifteen miles or less from the premises. The inability of the Police Department to contact an individual named in this paragraph, or the failure of such individual to promptly respond to a police inquiry, shall relieve the Police Department of any obligation to follow up with checking the premises.
   (c)   Fire alarms shall be registered with the Fire Department. An alarm user applying for a permit under this subsection shall pay a registration and inspection fee as provided in Section 802.24 , and shall complete a permit application annually with the following information:
      (1)   Alarm user’s name, and, if applicable, the name of any other person responsible for the alarm system;
      (2)   The address of the residence or business in or upon which the alarm system has been or will be installed;
      (3)   Alarm user’s home, business, and cellular telephone number(s), and email address;
      (4)   The name of the alarm system agent or alarm system contractor selling, installing, monitoring, inspecting, responding to and/or maintaining the alarm system;
      (5)   The location of the annunciation panel; and
      (6)   The names and telephone numbers of at least three persons who can be reached at any time who are authorized to promptly respond to an alarm system, who can open the premises in which the system is installed and who live fifteen miles or less from the premises. The inability of the Fire Department to contact an individual named in this paragraph, or the failure of such individual to promptly respond to a fire inquiry, shall relieve the Fire Department of any obligation for the safekeeping of property and premises.
   (d)   Any change in the information required by subsection (b) or (c) hereof shall be reported in writing to the Police Department or the Fire Department, whichever is appropriate, within forty-eight hours of the change.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)
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