[HISTORY: Adopted by the Common Council of
the City of Middletown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire alarm systems — See Ch. 161.
[Adopted 12-1-1986]
All private property owners of an emergency
alarm master box manufactured by Walter Kiddie Co., which box has
been determined not to be in good working order by the Superintendent
of Alarms, shall be notified in writing, certified or registered mail,
return receipt requested, by the Director of Public Works that their
old emergency alarm master box shall be replaced with a new unit manufactured
by Signal Communications of Woburn, Massachusetts.
Said old emergency alarm master box shall be
replaced within 60 calendar days of the receipt of said notice. Failure
to replace the old emergency alarm master box with the new unit manufactured
by Signal Communications of Woburn, Massachusetts shall cause said
private owner to be off the City of Middletown's system.
All costs for the price of the new unit and
installation of the same shall be borne by the private property owners.
The new units manufactured by Signal Communications
of Woburn, Massachusetts, shall be maintained by the Public Works
Department, Superintendent of Alarms.
[Adopted 6-3-1996]
The purpose of this article is to provide standards
and regulation of alarm devices and alarm users within the City of
Middletown and to reduce the incidence of false alarms responded to
by the Police Department of the City of Middletown and to encourage
the use of reliable alarm systems.
The provisions of this article shall apply to
any person who uses, operates or owns any alarm device that summons
Police Department personnel employed by the City of Middletown.
For purposes of this article the following definitions
shall apply:
Any device which, when activated, transmits any signal to
a monitoring facility, or produces an audible tone and/or visual signal,
which results in the notification of police personnel and to which
police personnel are expected to respond.
Any natural person, business, corporation, union, association,
firm, partnership, committee, club or other organization or group
of persons on whose property (owned, rented or leased) an alarm device
is owned, operated, used or maintained.
Any facility operated by a private firm that owns or leases
a system of alarm devices, which facility is manned by operators who
receive, record, or validate alarm signals and relay information about
such validated signals to the police and/or fire stations.
A telephone device or telephone attachment that automatically
or electronically selects a telephone line connected to the police
station and produces a signal or reproduces a prerecorded message
to report a criminal act or other emergency requiring police response.
Any alarm device which transmits a signal over leased telephone
lines to a private central alarm station.
Any alarm signal resulting from activation of an alarm device
to which the police respond which is not the result of a crime or
other emergency.
ERROR or MISTAKEAny action by any alarm user owning, leasing, operating or controlling an alarm device installed in any dwelling building or place in the City of Middletown, or any action by any agent or employee of, or anyone in privity with, said person, which results in the unintentional activation of said alarm device when no police emergency exists.
MALFUNCTIONAny unintentional activation of any alarm device caused by a flaw in design or installation of or the improper maintenance of the device. This shall not include any activation caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to the control of the alarm device user.
The person delegated by the alarm user to respond to an alarm
activation. The keyholder may be the alarm user or any agent thereof.
Any alarm device not connected to the central alarm station
which, when activated, causes an audible and/or visual signaling device
to be activated on the exterior of the premises within which the device
is installed.
Any alarm device in which activation of the alarm signal
is initiated by the direct action of the alarm user.
An individual, a business, a corporation, union, association,
firm, partnership, committee, club or other organization or group
of individuals.
[Amended 6-14-2018 by Ord. No.
08-18[1]]
A.Â
The
alarm user, permittee, or person depending upon any alarm device to
notify the police agrees to be responsible for the alarm's operation
and maintenance and to hold and save harmless the City of Middletown,
its agents, or employees from any liability whatsoever in connection
with such alarm device or the operation of the same.
B.Â
It
shall be a violation of this article to allow any alarm device to
be activated by error, mistake or malfunction in any dwelling, building,
or place when no emergency exists, which results in the response of
the Police Department.
C.Â
It
shall be the responsibility of the alarm user, permittee or person
depending upon any alarm device to provide the name or names of a
keyholder or keyholders to the Middletown Police Department. It shall
be the responsibility of the alarm user, permittee, or person depending
upon any alarm device to ensure a keyholder response to every alarm
activation. The failure to provide a keyholder response shall result
in a fine of $50. No written warning will be provided.
D.Â
If a keyholder is present at the scene when the police respond to
a false alarm, he or she will not be penalized until there have been
three false alarm signals to the police in the same calendar year
for the same alarm device. However, the Chief of Police or his/her
designee shall notify the responsible alarm user and issue a written
warning after the first and second false alarms that a third false
alarm signal, in the same calendar year, will result in a fine of
$50. For the third false alarm and each additional false alarm thereafter
in one calendar year, the Chief or his/her designee will issue a citation
by mail requiring the alarm user to pay the City of Middletown the
sum of $50. The Chief or his/her designee shall collect the fine(s)
due for the false alarm occurrence(s) and shall deposit said funds
in the City's general fund.
[Amended 6-14-2018 by Ord. No.
08-18]
A.Â
Any
person who is aggrieved because of the imposition of a fine under
this article may appeal to the Chief of his/her designee, within 10
days of the imposition of such fine, by applying to the Chief of Police
or his designee in writing. Any person requesting a hearing shall
be given written notice of the date, time and place of the hearing.
Such hearing shall not be held less than 15 days nor more than 30
days from the date of the mailing of the notice.
B.Â
A
person wishing to contest a notice of violation shall appear at the
hearing and shall have the right to present evidence. The Chief or
his/her designee shall conduct a hearing in order and form as he/she
deems fair and appropriate. The rules regarding the admissibility
of evidence shall not be strictly applied, but all testimony shall
be given under oath or affirmation. The Chief or his/her designee
shall announce its the decision at the end of the hearing.
C.Â
Hearings will be at the Middletown Police Department.
[Amended 6-14-2018 by Ord. No.
08-18]
If any person fails to pay within 30 days of the receipt of
notice of any fine or charge imposed, it shall be the right of the
City of Middletown to pursue civil remedies or to send the overdue
fine to the City's collection firm.
