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BYLAW NO 3591/2017
WHEREAS, pursuant to Section 7 of the Municipal Government Act, RSA 2000, c M-26, a
Council may pass bylaws for municipal purposes respecting the safety, health and welfare of
people and the protection of people and property;
AND WHEREAS, the purpose of a municipality includes the development and maintenance of
safe and viable communities and the provision of services, facilities or other things that, in the
opinion of Council, are necessary or desirable for the municipality;
AND WHEREAS, responding to False Alarms increases the cost of providing Police Service and
may reduce the ability for police to respond to other emergency events, in this manner creating
unnecessary risks for Police Service and the general public;
AND WHEREAS Council of the City of Red Deer considers it desirable and necessary to
establish a bylaw to reduce False Alarms.
NOW THEREFORE COUNCIL OF THE CITY OF RED DEER ENACTS AS FOLLOWS:
Title
1.
This bylaw may be called "The Alarm Bylaw".
Purpose
2.
The purpose of this bylaw is to assist in the reduction of False Alarms requiring a
response from Police Service.
Definitions
3.
In this bylaw, the following definitions apply:
(a)
"Alarm Holder" means the owner, lessee, tenant or occupant of a building or unit
which has an Alarm System;
(b)
"Alarm System" means any device designed to activate an alarm signal upon
detecting:
(i) an unauthorized entry to a building or onto property; or
(ii) an Emergency within a building or at a property.
(c)
"Emergency" includes a situation in which there is imminent danger to public
safety or of serious harm to property requiring Police Service;
(d)
"False Alarm" means the activation of an Alarm System where:
(i) no unauthorized entry has occurred or been attempted; or
(ii) no Emergency exists;
and includes circumstances where the Alarm System has been activated as a
result of:
(i) testing;
(ii) mechanical failure, malfunction or faulty equipment;
(iii) inadvertence, mistake, omission or negligence;
(iv) atmospheric conditions, vibrations, power failure or communications failure.
(e)
"Municipal Tag" means a document alleging an offence issued pursuant to the
authority of a bylaw of the City;
(f)
"Police Service" means the Royal Canadian Mounted Police (RCMP); and
(g)
"Response Fee" means the fee that may be charged to an Alarm Holder as a
result of a False Alarm.
False Alarm Response Fees
4.
Where the Police Service has determined that a False Alarm has occurred, the Alarm
Holder shall be liable to pay a Response Fee to the City in the amount set out in
Schedule "A". The Response Fee shall be due and payable thirty (30) days after the
date the Response Fee is invoiced by the City.
5.
The determination of whether or not a False Alarm has occurred shall be made by the
RCMP member who is dispatched or responds to the Alarm System activation.
Monitoring of Alarm Systems
6.
Subject to Section 7, no person who is in the business of monitoring, responding or
receiving signals from Alarm Systems will advise the Police Service of an alarm that is
received during hours when the premises in which the Alarm System is located is
normally occupied, without first verifying with the Alarm Holder that the alarm is not a
False Alarm.
7.
Section 6 does not apply to an Alarm System installed in a financial institution, school,
law enforcement premises, including a correctional facility or courthouse, or a business
licensed to sell firearms.
8.
No person shall provide, use, maintain, install or permit the use, maintenance or
installation of an Alarm System that is capable of automatically calling or otherwise
sending notice of an alarm to the Police Service or 911.
Appeal Process
9.
A decision by the Police Service to charge a Response Fee under this Bylaw may be
appealed to the Red Deer Appeal and Review Board within fourteen (14) days of the
date of the invoice in accordance with the procedures set out in The Appeal Boards
Bylaw.
Offences and Penalties
10.
Any person who contravenes any provision of this bylaw is guilty of an offence and is
liable to a specified penalty set out in Schedule "A".
11.
Any person who contravenes the same provision of this bylaw twice is guilty of a second
offence and is liable to a specified penalty for a second office as set out in Schedule "A".
12.
In the case of an offence that is of a continuing nature, a contravention constitutes an
offence in respect of each day, or part of a day, on which it continues and a person guilty
of such an offence is liable to a fine of $100 for each day that the offence continues.
Municipal Tag
13.
A Municipal Tag may be issued to any person where there are reasonable and probable
grounds to believe the person has contravened any provision of this bylaw.
14.
If a Municipal Tag is issued in respect of an offence the Municipal Tag must specify:
(a)
the name of the person;
(b)
the offence;
(c)
the fine amount;
(d)
that the fine amount shall be paid within 14 days of the issuance of the Municipal
Tag; and
(e)
any other information as may be required.
Payment in Lieu of Prosecution
15.
Where a Municipal Tag is issued in respect of an offence, the person to whom the
Municipal Tag is issued may, in lieu of being prosecuted for the offence, pay the penalty
specified within the time period indicated on the Municipal Tag.
Violation Ticket
16.
If a Municipal Tag has been issued and if the specified penalty has not been paid within
the prescribed time, a Violation Ticket may be issued pursuant to the Provincial Offences
Procedure Act.
17.
Despite Section 16, a Violation Ticket may be immediately issued to any person where
there are reasonable and probable grounds to believe that person has contravened any
provision of this bylaw.
18.
If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
(a)
impose the specified penalty established by this bylaw for the offence and permit
a person to make a voluntary payment; or
(b)
require a person to appear in court without the alternative of making a voluntary
payment.
Voluntary Payment
19.
A person who commits an offence and who wishes to plead guilty may:
(a)
if a Violation Ticket has been issued in respect of the offence; and
(b)
if the Violation Ticket includes a specified penalty as established by this bylaw for
the offence;
plead guilty to the offence by making a voluntary payment by submitting to a Clerk of the
Provincial Court, on or before the initial appearance date indicated on the Violation
Ticket, the specified penalty set out on the Violation Ticket.
TRANSITIONAL
20.
Bylaw 3194/98 is hereby repealed.
READ A FIRST TIME IN OPEN COUNCIL this
3
day of April
2017.
READ A SECOND TIME IN OPEN COUNCIL this 18
day of April
2017.
READ A THIRD TIME IN OPEN COUNCIL this
18
day of April
2017.
AND SIGNED BY THE MAYOR AND CITY CLERK this
18
day of April
2017.
"Tara Veer"
"Frieda McDougall"
MAYOR
CITY CLERK
SCHEDULE "A"
Response Fees
Residential
$80
Non-Residential
$121
Offences
Penalty
First Offence
$150
Second and subsequent
Offence
$500