(a) The following applies to false alarm fees and when an alarm user must pay a false alarm fee to the City:
(1) No fee shall be charged for a first or second false alarm in a calendar year. Fifty dollars ($50.00) shall be charged by the City and paid by the alarm user for the third false alarm in a calendar year and the same for each additional false alarm in a calendar year.
(2) Each calendar year shall run from 12:00 a.m. January 1 until 11:59 p.m. of the following December 31. The failure to pay such false alarm fees shall be cause for revocation of the alarm user permit and unpaid fees may be assessed against the real property tax for the premises and become a lien thereon.
(Ord. 12-93. Passed 7-27-93; Ord. 11-2015. Passed 1-5-16.)
(b) Alarm conditions caused by the following extenuating circumstances shall not constitute a false alarm and no false alarm fee shall be charged by the City under such circumstances:
(1) Alarm system malfunctions, if occurring within thirty days from the effective date of this amended chapter (Ordinance 06-2023, passed June 6, 2023) for all alarm systems currently in use, or within thirty days after the installation of an alarm system, whichever is later, if made for the purpose of evaluating the alarm system and making necessary adjustments to eliminate false alarms, and if corrective measures have been instituted. “Corrective measures” means the alarm user has had the system inspected by an alarm system contractor who shall cause a written report containing the results of the inspection, the probable cause for the false alarm, the nature of any repairs undertaken or performed to remedy the malfunction, and the contractor's recommendation for limiting false alarms, which written report shall be filed with the Police Department or the Fire Department, whichever is appropriate, within five days of the inspection.
(2) Meteorological or geological conditions when a large number of alarms or a large area of the City is affected, as determined by the City of Battle Creek;
(3) Alarms activated by the disruption or disturbance of telephone or other communication systems, by motor vehicle-utility pole accidents, or by mechanical or electrical failure of the system or by industrial or commercial accidents to the system; or
(4) Alarm conditions being activated by persons working on the alarm system with prior written notification to the Police Department, or, in the case of fire alarm systems, to the Fire Department:
(c) A system that malfunctions due to mechanical or electrical failure will be put out of service until it is inspected and repaired by a licensed alarm system contractor and until the system has been declared fit for service, in writing, by the contractor. Appearance before the Alarm Safety Board pursuant to this subsection is not required.
(d) Except for the circumstances set forth in above paragraph (b)(4), which circumstances require prior written notification, the alarm user shall provide notice of the extenuating circumstances set forth in paragraphs (b)(1) or (b)(3) to the Police Department, or in the case of fire alarm systems, the Fire Department, by filling out an alarm notification card and returning it to the Police Department or the Fire Department, whichever is appropriate, within five business days of the extenuating circumstances event. The timely submission of an alarm notification card which indicates that the cause of the false alarm was one of the reasons enumerated in this subsection shall result in no false alarm fee notice being charged to the alarm user. Failure to notify the Police Department or the Fire Department in the time set out in this section will result in an automatic charge to the user. (Ord. 14-87. Passed 10-13-87.)
(e) Within five business days following the response of a police officer to an alarm call, a representative of the Police Chief, or within five business days following the response of fire fighters to an alarm call, a representative of the Fire Chief, shall mail a false alarm notification card to the alarm user as named on the permit in Section 803.05. If the alarm user has provided written authorization for email notification, alarm notification cards shall be emailed to the alarm user.
(f) Within ten business days of the date of mailing, or emailing if previously authorized by the alarm user as an acceptable method of contact, of the false alarm notification card, the alarm user shall return the completed card to the Police Department or the Fire Department, whichever is appropriate. With the third, or each additional false alarm in a calendar year failure by the alarm user to return the completed card shall cause an automatic charge of the false alarm fee being sent to the alarm user.
(g) If, upon receiving a false alarm fee charge notice, the alarm user wishes to request a waiver due to extenuating circumstances, the person may do so, in writing, within ten business days of the assessment date. The waiver request to the Police Department or the Fire Department, whichever is appropriate, shall contain documentation of the extenuating circumstances involved. Within thirty calendar days of the receipt of the waiver request by the Police Department or the Fire Department, the Police Chief, the Fire Chief or a designated representative shall make a determination on the waiver request and shall notify the alarm user of the decision. (Ord. 13-85. Passed 7-16-85.)
(h) If the alarm user is not satisfied with the decision rendered by the Police Chief or the Fire Chief, or a designated representative, an additional request for a waiver may be filed within five business days of such decision by appealing to the Alarm Safety Board. At its next regularly scheduled meeting after receipt of the waiver request and documentation of extenuating circumstances, the Board shall review the request, make a determination on the waiver and notify the alarm user of the decision.
(i) There is hereby established an Alarm Safety Board. The Board shall consist of five members. The Board shall include the Fire Chief, or the Fire Chief’s designated representative, the Police Chief, or the Police Chief’s designated representative, one Battle Creek City Commissioner, and two residents of the City of Battle Creek who shall serve as members at large. The members at large and their initial terms of office shall be recommended by the Police Chief and Fire Chief, and confirmed by the City Commission. The City Commission member shall be made by the Mayor, and confirmed by the City Commission. The terms shall be three years (initial terms may be shorter) and the members shall receive no compensation. A quorum shall consist of three members of the Board. A member shall not pass on any question in which they have an actual conflict of interest. The Board members shall make decisions based upon the stated intent of this ordinance and its various provisions.
(j) An alarm system charged with more than six false alarm fee notices in a calendar year is deemed defective and, upon written notice to the alarm user by the Police or Fire Department, at the address listed in the registration of the alarm system, the alarm user may be requested to appear before the Board to show cause why the alarm user permit should not be revoked. The alarm user shall have up to ten minutes to make an oral presentation and the Police Chief, the Fire Chief, or a designated representative thereof shall have up to ten minutes in rebuttal. At such hearing the Board may order the owner or lessee of the alarm system to correct the system or may order the revocation of the alarm user permit. The decision of the Board shall be final.
(Ord. 14-87. Passed 10-13-87.)
(k) Notwithstanding any other provision contained in this chapter, alarm systems which malfunction, three times for fire alarms or six times for burglar alarms within a calendar year, are deemed defective and may be put out of service resulting in no response by the Police Department or Fire Department, whichever is appropriate, upon written notice to the alarm user, at the address listed in the registration of the alarm system. Before an alarm system is put back in service, the alarm user shall file a written report to the Police Chief or the Fire Chief, whichever is appropriate depending on which type of alarm system was deemed defective, documenting the causes of malfunction and the corrective actions taken. Upon receipt of the report, the Police Chief or Fire Chief, whichever is appropriate, shall, within ten business days, notify the alarm user whether the alarm system may be put back in service, or give written notice that the alarm user may appear before the Board to show cause why the alarm user permit should not be revoked pursuant to the procedures set forth in subsection (h) hereof.
(l) Alarm verification calls required. All residential or commercial burglar alarms that have central monitoring, must have a central monitoring verification call made to the premises generating the alarm signal, prior to central monitoring personnel contacting the Dispatch Center. This does not apply to panic or holdup type alarms. Alarm monitoring companies will make available to the Police Department or Fire Department, upon request, records providing proof that the monitoring company made the verification call.
(m) Right to discontinue response:
(1) The Police Chief, or the Police Chief’s designated representative, may discontinue alarm response by the Police Department to any location that is responsible for six false burglar alarms within a calendar year, or to a business location that uses an alarm system installed or operated by a business that is not licensed with the State of Michigan, or to a premises where the alarm user has failed to obtain a permit after being notified to do so.
(2) The Fire Chief, or the Fire Chief’s designated representative, may discontinue alarm response by the Fire Department to any location that is responsible for three false fire alarms within a calendar year, or to a business location that uses an alarm system installed or operated by a business that is not licensed with the State of Michigan, or to a premises where the alarm user has failed to obtain a permit after being notified to do so.
(3) Written notification that the Police Department or Fire Department will no longer respond to alarm calls from a particular location will be sent to the alarm user and, if there is one, the alarm monitoring company contact person of record.
(n) Request for Reinstatement of Alarm Responses. A request for reinstatement of alarm responses shall require submission of proof that the user or alarm system contractor responsible for the alarm has corrected the reason for the false alarms to the satisfaction of the Police Department or Fire Department depending upon which type of alarm response was suspended, the payment of all fees and penalties charged as a result of false alarms, and proof that the alarm user has obtained a valid alarm permit. Such request shall be submitted to the Fire Department or the Police Department, depending upon which type of alarm response was suspended.
(o) Failure to comply with any provision or order in this section shall result, after due notice, in the revocation of the registration or permit provided for in this chapter.
(Ord. 13-85. Passed 7-16-85; Ord. 06-2023. Passed 6-6-23.)