Hamilton Police Service Board

Being a By-law to Impose Fees and Charges for Services or Activities Provided by the Hamilton Police Service, on Behalf of the Hamilton Police Services Board, Related to Alarms.

WHEREAS pursuant to section 220.1 of the Municipal Act, R.S. O. 1990, c. M.45, as amended, the Hamilton Police Services Board, being a local board as defined in section 1 of the Municipal Affairs Act, R.S. O. 1990, c. M.46, is authorized to pass by-laws imposing fees or charges on any class of persons for services or activities provided or done by it and for the use of its property;

AND WHEREAS the Hamilton Police Service registers information pertaining to premises equipped with alarms;

AND WHEREAS the Hamilton Police Service (Police Service) incurs costs responding to calls for service initiated by alarm systems installed in residential and commercial premises which are false alarms;

AND WHEREAS response to false alarms interferes with the ability of the Police Service to respond to actual incidents;

AND WHEREAS on the 16^th of December 1996, the then Regional Municipality of Hamilton-Wentworth Police Services Board (now Hamilton Police Services Board) approved Board Report PSB 96-152b, which authorized the imposition of user fees and services charges in relation to the Police Service Alarm Registration and False Alarm Response Program to relative costs associated with alarms;

NOW THEREFORE the Hamilton Police Service Board enacts as follows;

1.      In this By-law:

a)     “Alarm Business” means any person or persons who engage in the business of monitoring alarm systems and reporting to the Service where an alarm system has been activated.

b)     “Alarm Subscriber” means any person who pays funds to an alarm business in exchange for monitoring an alarm system.

c)      “At Fault False Alarm”: An at fault false alarm that prompts police response to a premise where a bona fide emergency does not exist, or was not on reasonable grounds as determined by the Service, believed to exist, and includes, but is not limited to, the following:

i)                    Police response due to the testing of an alarm,

ii)                  Alarms caused by the negligence or carelessness of the alarm business, the alarm installer, the alarm subscriber, or the alarm owner/user,

iii)                Alarms activated due to mechanical failure or improper installation,

iv)                Alarms activated by internal or external atmospheric conditions, vibrations or power surges, and/or

v)                  A police response

     d)    A “bona fide emergency” is:

i)                    An attempted or completed criminal act, and/or

ii)                  Any other emergency situation occurring at, or in relation to, the premises.

e)     Non Residential premises” means lands, buildings or structures used or designated or intended for other than residential use.

f)        “Residential premises” means a building used or intended solely for use as a residence of one or more individuals.

g)     “Suspension Notice” means a document issued by the Police Service after four(4) “at fault false alarms” suspending response to an alarm at a specified premise. A Suspension Notice takes effect fourteen (14) days after service and remains in effect for 365 days.

2.      Upon installation of a monitored alarm system at a premise, alarm businesses shall register such premise for a period of one (1) year by submitting an Application/Registration of Monitored Alarm Premise in the form provided by the Police Service, and submit to the Police Service the application along with the annual registration fee of $24.00 for a residential premise and $48.00 for a non-residential premise.

2.a.      Alarm subscribers will register their monitored premise for years subsequent to the first year of installation by forwarding registration documents and the applicable registration fee directly to the Hamilton Police Service, c/o the Alarm Coordinator.

3.      Registration fees for new alarms are due and payable prior to the first request for response to the premise.

4.      The Police Service shall impose a charge of $24.00 for the second and $36.00 for the third “at fault false alarm” response to a registered residential premise.

5.      The Police Service shall impose a charge of $48.00 for the second and $72.00 for the third “at fault false alarm” response to a non-residential premise.

6.      The Police Service shall impose a charge of $50.00 for each “at fault false alarm” response to unregistered or unmonitored residential premise.

7.      The Police Service shall impose a fee of $100.00 for each “at fault false alarm” response to unregistered or unmonitored non-residential premises.

8.      Where the Police Service responds to an “at fault false alarm” in relation to monitored or unmonitored premise the applicable charges will be billed to the premise owner/occupier where the premise is unregistered, or alarm subscriber where the premise is registered.

9.      In the event that the premise owner/occupier or alarm subscriber, as the case may be, fails to pay the “at fault false alarm” charge within thirty (30) days of remittance, he/she will be sent a “past due” notice.

10. Refusal to make payment within thirty (30) days of mailing of a past-due notice may result in the issuance of a suspension notice.

11. Appeals from a designation of “at fault false alarm” or Suspension Notices will be submitted in writing to the Alarm Coordinator within thirty (30) days of the date of notice or suspension.

12. Appeals by alarm subscribers from a designation of “at fault false alarm” will be submitted in writing to the alarm business for delivery to the Police Service Alarm Coordinator. The appeal must detail the cause of each alarm and the actions taken to rectify any problem identified as the cause of the false alarm. Decisions on appeals are the responsibility of the Alarm Coordinator.

13. Appeals by owner/occupier of an unregistered premise shall be made directly to the Alarm Coordinator.

14. Upon receipt of a written appeal, the Alarm Coordinator shall render a written decision within thirty (30) days and provide a copy of the decision to the owner/occupier or the alarm subscriber and alarm business.

15. The Alarm Coordinator is authorized to deny the appeal or to remove a description of “at fault false alarm” from the records of the Police Service.

16. The False Alarm Reduction Program registration fee will be payable annually.

17. Unless otherwise specified, all fees collectable shall be due and payable at the time of invoicing.

18. Fees and charges shall be collected in cash or by registered or unregistered cheque, in the discretion of the Police Service.

19. User fees and service charges may also be collected by addition of the fee or charge to the tax roll for any real property in the municipality, to be collected in a like manner as municipal taxes.

20. By-law No. 96-005, approved by the Hamilton Police Services Board on December 16, 1996, is hereby repealed.

21. This By-law shall come into force and effect on the date of approval by the Council of the City of Hamilton.

PASSED and ENACTED by the Hamilton Police Services Board this 25^th day of February, 2002.

Signed by Bernie Morelli, Chairman and Lois Morin Administrative Assistant

Approved by resolution of Council for the City of Hamilton at its meeting of March 27, 2002