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BYLAW 31-2008
A BYLAW OF STRATHCONA COUNTY, I N THE PROVINCE OF ALBERTA,
TO REGULATE ALARM SYSTEMS
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, provides that a Council
may pass bylaws for municipal purposes respecting the safety, health and welfare of
people and the protection of people and property and services provided by or on behalf
of the municipality;
AND WHEREAS the Council of Strathcona County considers it necessary and desirable
to regulate Alarm Systems being used in Strathcona County;
NOW THEREFORE the Council of Strathcona County, dul,y assembled, hereby enacts as
follows:
Section 1: Short Title
1.
This Bylaw may be referred to as the "Alarm Systerns Bylaw".
Section 2: Definitions
2.1
"Alarm System" means any device designed to activate an alarm signal upon
detecting :
(a)
an unauthorized entry to a building or onto property, or
(b)
an emergency within a building or at a property;
2.2
"Alarm System Permit" means a permit issued for an Alarm System under this
Bylaw;
2.3
"Calendar Year" means the period from January 1 to and including December 31
of each year;
2.4
"Chief Commissioner" means the chief administrative officer of the Strathcona
County.
2.5
"Community Peace Officer" is a member of Strathcona County Enforcement
Services and defined as such under the Peace Officer Act, SA 2006 , c.P-3.5.
2.6
"Council" means the Council of Strathcona County.
2.7
"County" means the municipal corporation of Strathcona County or, where the
context so requires, the area contained within the boundaries of the County.
2.8
"False Alarm" means an alarm signal generated by an Alarm System which
results in the attendance by the R.C.M.P. at a building or property where no
unauthorized entry has occurred or been attempted and no emergency exists. Without
Document #: Legislative Legal Services.4610.52474.1
BYLAW 31-2008
Page 2 of 6
limiting the generality of this definition, a False Alarm includes circumstances where the
Alarm System has been activated as a result of:
(a)
testing,
(b)
mechanical failure, malfunction, or faulty equipment, or
(c)
inadvertence, mistake, omission or negligence.
2.9
"Fees and Charges Bylaw" means Strathcona County Bylaw 91-2007 as amended
or replaced from time to time.
2.10
"Manager" means that the individual appointed by the Chief Commissioner to be
responsible for the administration of this Bylaw, and in the event no individual is
appointed, the Chief Commissioner;
2.11
"Member in Attendance" means a member of the R.C.M.P. that attends at a
building or property at which an alarm signal has been activated;
2.12
"Permit Fee" means the amount so specified in the County's Fees and Charges
Bylaw.
2.13
"Permit Holder" means a person issued an Alarm System Permit;
2.14
'Person" includes an individual, corporation, firm, partnership,
association or other incorporated legal entity and their respective heirs,
executors, administrators, successors and assigns, as the case may be.
2.15
"Re-lnstatement Fee" means the amount so specified in the County's Fees and
Charges Bylaw.
2.16
"Response Fee" means the fee required to be paid by a Permit Holder to the
County as a result of a False Alarm at a building or property and as set out in the
County's Fees and Charges Bylaw;
2.17
"R.C.M.P." means the Royal Canadian Mounted Police (Strathcona County
Detachment).
Section 3: Alarm System Permits
3.1
No Person shall install or use, or permit to be installed or used, an Alarm System
in or on any building or property unless the person is a Permit Holder.
3.2
(a)
'The Manager shall issue an Alarm Systerr~ Permit upon receipt of a
completed application and payment of the Permit Fee.
(b)
The application form shall be of a design and standard as defined by the
County.
BYLAW 31-2008
Page 3 of 6
(c)
The Alarm System Permit shall be issued:
(i) in the name or nanies of tlie Person or Persons listed as the
applicant on the application; and
(ii) for the specific building or property listed on the application.
3.3
An Alarm System Permit is automatically cancelled if:
(a)
the Permit Holder is no longer the person who is in physical possession
of the building or property for which the Alarm System was installed; or
(b)
the Permit Holder no longer has responsibility for control over the
building or property for which the Alarm System was installed; or
(c)
the Alarm System is relocated to a buildirlg or property not specified on
the Alarm System Permit.
3.4
An Alarm System Permit is automatically revoked if:
(a)
the Alarm System generates three (3) or more False Alarms within a six
(6) month period; or
(b)
the Permit Holder has failed to pay the Response Fee within thirty days of
being invoiced by the County.
3.5
The Manager shall notify a Permit Holder that their Alarm System Permit has
been revoked.
3.6
An Alarm System Permit that has been revoked may be reinstated upon
application by the Permit Holder if:
(a)
The Permit Holder pays the Re-Instatement Fee; and
(b)
the Permit Holder has paid any and all outstanding Response Fees.
3.7
If
an Alarm System Permit is reinstated pursuant to Section 3.6, the Alarm
System Permit shall not be revoked pursuant to Section 3.4(a) unless there have been
three (3) False Alarms since the Alarm System Permit was reinstated.
Section 4: False Alarm Response Fee
4.1
The determination of whether or not a False Alarm has occurred shall be made
by the R.C.M.P. Member in Attendance.
-
4.2
When the Member in Attendance determines that a False Alarm has occurred,
the Permit Holder for the Alarm System that has activated the False Alarm shall pay a
BYLAW 31-2008
Page 4 of 6
Response Fee to the County. The Response Fee shall be due and payable to the County
thirty (30) days after the date that the Response Fee is invoiced by the County.
4.3
Notwithstanding Section 4.2, a Permit Holder shall not be charged a Response
Fee if the False Alarm is the first False Alarm generated by the Permit Holder's Alarm
System during the Calendar Year.
Section 5: Offences
5.1
A person who contravenes Section 3.1 is guilty of an offence and shall pay the
penalty specified in Schedule 'A".
Section 6: Violation Tags
6.1
A Community Peace Officer is hereby authorized and empowered to issue a
Violation Tag to any person who the Community Peace Officer has reasonable and
probable grounds to believe has contravened any provision of this Bylaw.
6.2
A Violation Tag may be issued to such person:
(a)
either personally, or
(b)
by mailing a copy to such person at his last known post office address.
6.3
The Violation Tag shall be in a form approved by the Chief Commissioner and
shall state:
(a)
the name of the person;
(b)
the offence;
(c)
the appropriate penalty for the offence as set out in this Bylaw;
(d)
that the penalty shall be paid within thirty (30) days of the issuance of
the Violation Tqg;
(e)
any other information as may be required by the Chief Commissioner.
6.4
Where a contravention of this Bylaw is of a continuing nature, the Community
Peace Officer may issue further Violation Tags, provided that no more than one Violation
Tag shall be issued for each day that the contravention continues.
6.5
Where a Violation Tag is issued pursuant to this Bylaw, the Person to whom the
Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the
County the penalty specified on the Violation Tag.
6.6
Nothing in this Bylaw shall prevent a Community Peace Officer from immediately
issuing a Violation Ticket for the mandatory Court appearance of any Person who
contravenes any provision of this Bylaw.
BYLAW 31-2008
Page 5 of 6
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Section 7: Violation Ticket
7.1
If the penalty specified on a Violation Tag is not paid within the prescribed time
period then a Community Peace Officer is hereby authorized and empowered to issue a
Violation Ticket pursuant to Part I1 of the Provincial Offences Procedure Act, RSA 2000,
c. P-34.
7.2
IVotwithstanding Section 7.1 of this Bylaw, a Comm~~nity
Peace Officer is hereby
authorized and empowered to immediately issue a Violation Ticket pursuant to Part I1 of
the Provincial Offences Procedure Act, RSA 2000, c. P-34, as amended, to any person
who the Community Peace Officer has reasonable grounds to believe has contravened
any provision of this Bylaw.
Section 8: Severability Provision
8.1
Should any provision of this Bylaw be invalid, then such provision shall be
severed and the remaining Bylaw shall be maintained.
Section 9: Effective Date
9.1
This Bylaw, except for Sections 4, 6 and 7 shall come into force and effect after
third reading and upon being signed.
-
9.2
Sections 4, 6 and 7 of this Bylaw shall come into force and effect on January 1,
2009.
READ a first time this
/ 0
day of
, 2008.
READ a second time this
/a
day of -?
, 2008.
READ a third time and finally passed this
/ 0
day of
, 2008.
MAYOR
MANAGER
U
LEGISLATIVE & LEGAL SERVICES
BYLAW 31-2008
Page 6 of 6
SCHEDULE "A"
OFFENCES
PENALTY
$300.00
SECTION
3.1
OFFENCE
Installation or use, or permit to be installed or
used, an Alarm System in or on any building or
property without a Permit