False Alarm Reduction By-law

1. Definitions

1.1  ALARM is any signal activated for the legitimate purpose of notification of a criminal act, an attempted criminal act, or any bonafide emergency situation at a premise.

1.2  ALARM BUSINESS means a business by an individual, partnership, corporation, or other entity, which sells, leases, maintains, services, repairs, alters, replaces, moves, installs, or monitors an “alarm device”, and may include reporting the occurrence of alarms to the “police service”.

1.3  ALARM DEVICE means any device or series of devices installed on real property and designed to detect criminal activity, unauthorized entry, or emergency, which when activated emits or transmits a local or remote audible, visual, or electronic signal intended to alert the “Alarm System Owner”, summon the “police service”, or both, whether monitored by an “Alarm Business” or not.

i) This definition does not include an alarm installed in a vehicle or on a person, unless the vehicle or personal alarm is permanently located at the premises.

1.4  ALARM SYSTEM OWNER means the owner, occupant, or lessee of a building, structure, or premise that has an “alarm device” or the lessee of an “alarm device”.

1.5  BOARD mean the Norfolk County OPP Detachment Board.

1.6  FALSE ALARM means any signal from an alarm device that is reported to the “police service”, resulting in a false dispatch of the “police service”, that is caused by:

• the testing of an alarm without police knowledge and approval;
• the negligence or carelessness of the “Alarm Business”, the “Alarm System Owner”, or an alarm user;
• alarms activated due to mechanical failure or improper installation; and/or
• alarms activated by internal or external atmospheric conditions, vibrations, or power surges.

1.8   POLICE SERVICE shall mean the Ontario Provincial Police (OPP), or the Police Service specifically contracted by Norfolk County to provide Policing Services.

2. Fees for false alarms

2.1 Where there is a Police response to a False Alarm, the Alarm System Owner shall be responsible for the fee as set out in Norfolk County User Fees By-Law.

2.2 An alarm shall not be classified as a false alarm, if, within forty-eight (48) hours of the police service response, the Alarm System Owner or an Alarm Business furnishes credible evidence to the police service that the alarm was caused by:

• an unauthorized entry or attempted unauthorized entry into the building, structure or facility; or
• an extraordinary circumstance as determined by the police service Detachment Commander.

3. Collection of false alarm fees

3.1 The police service shall provide Norfolk County administrative staff with the required information regarding false alarm occurrences in the preceding month for invoicing and collection purposes within 15 days of the end of a calendar month. Required information includes at a minimum the name of the Alarm System Owner and the address to which the police service was dispatched.

3.2 Fees shall be invoiced and collected by Norfolk County, in accordance with the processes established in Norfolk County’s Accounts Receivable policy and procedures. Invoices shall be dated on the day of printing and mailed within five (5) business days of the date of printing.

3.3 Norfolk County will take appropriate steps, as provided for in the Municipal Act, 2001, to collect outstanding false alarms fees following Norfolk County’s Accounts Receivable policy and procedures.

4. Appeals

4.1. The Alarm System Owner may appeal the validity of a determination that an alarm was false by submitting a Notice of Appeal Form to the Board Secretary within 30 days of the date of the invoice.

4.2. The Board shall delegate authority to the Board Secretary to overturn the validity of a false alarm fee issuance and to cancel the associated fee.

4.3. Upon receipt of a Notice of Appeal, the Board Secretary shall either:

i) overturn the validity of a false alarm fee issuance, cancel the fee set out in the Norfolk County User Fees By-Law, and notify the Alarm System Owner of the fee cancellation; or

ii) notify the Board of the Alarm System Owner’s intention to appeal the decision of the Board Secretary, provide the Board with the Alarm System Owner’s submitted Notice of Appeal Form, and add the appeal to the agenda of the next Board meeting that is more than 15 days from the date of receipt.

4.4. The Board shall make a determination as to whether to uphold or overturn the validity of any false alarm fee issuance on its agenda.

4.5. The decision by the Board shall be final and conclusive for all purposes.

4.6.Upon conclusion of a Board meeting at which a decision to uphold or reverse the validity of a false alarm fee issuance was made, the Board Secretary shall notify the Alarm System Owner and the applicable Norfolk County Departments, in writing, of the Board’s decision.

4.7 The Board Secretary shall provide an annual report to the Board on the False Alarm Reduction Program. 

5. Partial invalidity

5.1 If any term of this By-Law or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this By-Law and/or the application of such term to circumstances, other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term of this By-Law shall be separately valid and enforceable to the fullest extent permitted by law

6. Enactment

6.1 The short title of this by-law is the False Alarm Reduction By-Law.

6.2 That Schedule A, identified as Alarm Response Governance Policy and attached hereto, forms an integral part of this By-Law.

6.3 That Schedule B, identified as the Notice of Appeal Form and attached hereto, forms an integral part of this By-Law.

6.4 That Police Services Board By-Law No. 2020-01 is hereby repealed

6.5 That this By-Law shall be effective upon approval by Norfolk County Council.