[HISTORY: Adopted by the City Council of
the City of Lebanon 8-16-2006 by Ord. No. 2006-8;[1] effective 8-16-2006. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 11, Alarms, adopted as Ord. No. 55; effective 9-7-1988.
This chapter shall be known as the "City of
Lebanon Alarm Ordinance."
The purpose of this chapter is to set forth
regulations applicable to emergency and supervisory alarm systems
and to provide minimum standards of operation for such systems.
This chapter is enacted pursuant to RSA 47:17.
As used in this chapter, the following terms
shall have the meanings indicated:
A private person or company which, as a business or for a
fee, monitors signals produced by alarm systems and reports these
alarms to the Lebanon Communications Center.
A person who has an alarm system installed in a residence
or business that is connected to an alarm company who in turn notifies
the Lebanon Communications Center when there is an alarm.
A device or an assembly of equipment and/or devices arranged
to signal a hazard or intrusion requiring urgent attention to which
public safety personnel are, under normal circumstances, expected
to respond.
A person who has a private alarm system installed in a business
or residence or any other structure which connects to the alarm receiver
equipment located at the Center.
Supervisor of the Communications Center.
A list of individuals who may be reached any time, day or
night, and who are authorized to respond to an alarm signal and to
open the premises, and who have knowledge of the operation of the
alarm system.
Any alarm signal, report of an alarm signal by an alarm company,
or other report of an emergency or situation to the Center, which
causes or results in a response by City of Lebanon public safety personnel,
when no emergency or other situation requiring or justifying such
a response exists. For purposes of false alarm fees only, an alarm
signal caused by violent conditions of nature or other extraordinary
circumstances beyond the control of the user shall not be considered
a false alarm.
Fire alarm control panel.
Any natural person, corporation, firm, partnership, association
or other legal entity.
Any police, fire, ambulance or communications agency engaged
in protection of life and property in an emergency capacity.
Any person employed by a public safety agency.
A direct dial telephone access.
The Lebanon Public Safety Communications Center located in
Lebanon, New Hampshire.
An alarm system which automatically selects a telephone line
connected to the Center and which produces a prerecorded voice message
or coded signal indicating the existence of an emergency situation
that the alarm system is designed to detect.
[Amended 11-6-2019 by Ord. No.
2019-13]
The Communications Supervisor is hereby authorized to issue alarm user and maintenance permits under § 11-6, and alarm company customer permits under § 11-11. Such permits shall be obtained through the Communications Supervisor's office. Every alarm user shall obtain an alarm user and maintenance permit for each alarm system he or she operates which is connected to the alarm receiving equipment at the Center prior to the alarm being connected and monitored. Every alarm company customer shall obtain an alarm company customer permit for each alarm system he or she operates which is connected to an alarm company prior to making the connection to the alarm company. Alarm companies are not required to obtain permits, but they are required to maintain and provide to the Communications Supervisor an updated and current list of all alarm company customers.
[Amended 11-6-2019 by Ord. No.
2019-13]
The applicant for an alarm user and maintenance permit shall
complete the application provided by the Communications Supervisor.
The alarm user shall provide all information which may be required
by the Communications Supervisor. Failure to provide any required
information shall be considered sufficient cause to refuse to grant
a permit.
[Amended 11-6-2019 by Ord. No.
2019-13]
Any false statements or the misrepresentation of any facts made
on the application for the purpose of obtaining an alarm user and
maintenance permit or the renewal of a permit shall be considered
sufficient cause to refuse to grant a permit or to revoke an existing
permit.
All alarm users shall have the right to connect
to the City of Lebanon's alarm receiving equipment under the following
terms and conditions:
A.
The protected property must fall within the boundaries
of the City, town or village districts which are dispatched by the
Center.
B.
The Center must dispatch for the public safety agency
that will be responding to the alarm signal.
C.
The Center will not order any telephone lines for
the connection of the alarm system to the Center. This will be the
responsibility of the user.
D.
All connections shall be made in such a manner and
at such times as directed by the Communications Supervisor.
E.
Each user shall furnish to the City any additional
information that may be required.
F.
All fire alarm equipment and devices must be submitted
to and approved by the Lebanon Fire Department prior to installation
and approval of an alarm user permit. Catalog sheets and technical
specifications must be provided for the approval process, as per Fire
Department regulations.
G.
Each user shall furnish an emergency call-out list
for each alarm system.
[Amended 11-6-2019 by Ord. No.
2019-13]
A.
Grounds for revocation or suspensions. The following shall constitute sufficient grounds for the revocation, or suspension for a stated period, of an alarm user and maintenance permit or of an alarm company customer permit issued under § 11-11:
(1)
The violation of any of the provisions of this chapter.
(2)
The failure to comply with any applicable law or ordinance.
(3)
False, misleading or fraudulent statements of fact knowingly made
on either the application for an alarm user permit or an alarm company
customer permit application or in any report or record related to
the alarm system by the alarm user or his/her employees or agents.
(4)
The failure to pay any fee imposed on the alarm user or alarm company customer as set forth under this chapter. Failure to pay the annual permit fee shall be subject to the provisions of § 11-14.
(5)
The failure of an alarm user or alarm company customer permit holder to reduce the rate of false alarms after being notified by the Chief that the false alarm rate attributable to the permit holder is unreasonable in light of the type of property or number of customers involved. The possibility of revocation under this subsection is in addition to the false alarm fee set forth in § 11-12.
B.
Revocation
procedure. If the Chief determines that the grounds for revocation
or suspension of a user permit or alarm company customer permit exist,
then he/she shall serve the permit holder with a written order of
revocation, which shall state the reasons for the revocation. Service
shall be made in either of two ways:
C.
Effective date of revocation. If the order of revocation is served by personal in-hand service, it shall become effective five calendar days after the date of service. If the order of revocation is served by certified mail, return receipt requested, it shall become effective seven calendar days after the date of deposit in the United States mail; provided, however, that if an appeal is made to the City Manager within the seven days under § 11-13 of this chapter, the revocation shall not become effective until 48 hours after the appeal is resolved by determination of the City Manager, unless the Chief makes a written finding that such a delay would have an adverse impact on public safety.
D.
Rescission
of revocation order. An order for revocation may be rescinded by the
Chief if, within the five- or seven-day period between service and
the effective date of the order of revocation, whichever is applicable,
the permit holder cures the default which gave rise to the order of
revocation. The decision whether or not to rescind an order of revocation
shall be within the sole discretion of the Chief.
E.
Disconnection.
Upon the effective date of an order of revocation of an alarm user's
permit, the alarm system shall be immediately disconnected from the
City's equipment.
F.
Right to appeal. All alarm users or alarm companies' customers shall have the right to appeal the revocation of their permit as set forth under § 11-13 of this chapter.
G.
Application
for permit following revocation. An alarm user and maintenance or
alarm company customer whose permit has been revoked may apply for
a new permit. However, the Communications Supervisor is not required
to issue a permit to such person unless satisfied that the user has
corrected the condition which led to the revocation. If a permit is
issued, the Communications Supervisor may impose any reasonable restrictions
and conditions.
A.
Alarm user and maintenance permit fee. All commercial alarm users
obtaining permits shall pay an annual permit fee and an annual renewal
fee of $500 and all residential alarm users an annual fee of $250.
This fee is to help reimburse the City for the costs of connection,
monitoring of alarm systems, and system maintenance and shall be payable
to the City of Lebanon. There is no permit fee for alarm company customer
permits.
B.
Out of date call-out list fee. Should the Center go through an alarm user's emergency call-out list, or an alarm company customer's call-out list, and find it to be out of date, then a fee of $50 will be imposed upon the alarm user or alarm company customer. It shall be the responsibility of the alarm user and alarm company customer to keep emergency call-out lists up-to- date. For purposes of this section, an out of date emergency call-out list shall mean a list, which, because of the passage of time, no longer contains accurate information as required by § 11-8 or 11-11 of this chapter. When property which is subject to an alarm user permit is sold, it is the responsibility of the seller to notify the Center so that the alarm may be disconnected or the out of date call-out list fee shall apply.
A.
After November 16, 2006, no person shall be, continue
to be, or become an alarm company customer with respect to any property
located within the City of Lebanon, or within any area dispatched
by the Center, without a permit issued by the Communications Supervisor.
Application shall be on a form approved by the Communications Supervisor,
and failure to provide any required information shall be deemed sufficient
cause for refusal to grant a permit.
C.
Each alarm company customer shall provide to the Communications
Supervisor the following information, in writing: the physical location
of the protected property, the manager, and a list of individuals
who may be reached at any time, day or night, who have knowledge of
the protected property.
D.
Any alarm company providing alarm company services
to customers or property located within the City of Lebanon or within
any area dispatched by the Center shall provide to the Communications
Supervisor a current, updated list of customers located within the
City of Lebanon, or within any area dispatched by the Center, together
with a current, updated emergency call-out list for every customer.
A.
A record shall be maintained by the Center of all
false alarms received from each alarm system and from each alarm company
customer. If more than one false alarm is received from any permitted
alarm user or from any alarm company customer within the calendar
year, the Communications Supervisor may send a warning letter to the
permitted user or alarm company customer, and may request information
concerning the false alarms, including efforts to discover and eliminate
the causes of the false alarms. It shall be a violation of this chapter
for any permit holder to fail to respond to such a request within
15 days unless an extension is granted.
B.
For each false alarm in excess of three within a calendar
year from a single alarm system or alarm company customer, a fee shall
be imposed on the alarm user or alarm company customer permit holder.
The false alarm fee shall be $100 for each occurrence. The fee is
to help reimburse the City for the cost of providing services, and
shall be imposed regardless of fault. Any person who applies for and
is issued an alarm user permit or alarm company customer permit shall,
as a condition of such permit, be deemed to have consented to the
imposition of such fees for the purposes stated herein, and failure
to pay the fee shall be a violation of this chapter.
C.
Disconnection. Notwithstanding the permitted number of false alarms described in § 11-12A above, the Chief may under exigent circumstances order a faulty alarm system disconnected until such time as it is repaired. The determination of whether an alarm system is faulty shall be within the sole discretion of the person ordering the disconnection. The user permit holder or, if he or she is unavailable, a person whose name appears on the emergency call-out list, shall be notified verbally by the person ordering the disconnection that the alarm system is going to be disconnected. The verbal notification shall be given prior to the actual disconnection of the alarm system. Upon the actual disconnection of the alarm system, written confirmation of the disconnection, including a statement of the exigent circumstances, shall be sent immediately to the alarm user permit holder. Such a notice may be appealed under § 11-13 of this chapter.
All permit holders shall have the right to appeal
to the City Manager as to any revocation of a user permit or alarm
company customer permit, the assessment of any fee other than the
annual permit fee and the connection or disconnection of an alarm
system. If an alarm user wishes to appeal, the alarm user shall notify
the City Manager in writing within seven calendar days of receipt
of notification of the revocation of the permit, the disconnection
of the alarm system or the assessment of a fee other than the annual
permit fee. The City Manager shall thereafter make such determination,
as he/she deems appropriate and notify the user in writing of the
determination within 30 days.
[Amended 11-6-2019 by Ord. No.
2019-13]
If any alarm user fails to pay the annual fee for the alarm user and maintenance permit or any other fee provided for under this chapter, written notice shall be sent to the user. If payment is not made within seven days from the date of mailing, the Center reserves the right to disconnect the alarm user's alarm system from the City's equipment, following a seven-day notice as provided in § 11-9B and C of this chapter. If an alarm system is disconnected from the City's equipment, the alarm user will be notified verbally immediately with a follow-up written notice to be sent within seven days from the date of disconnection.
The Center will no longer allow the connection of voice dialer alarms to the City's equipment. If a voice dialer alarm is received, the user shall be notified in writing that the voice dialer must be disconnected immediately. Any alarms thereafter received from that voice dialer shall be subject to a fee as provided in § 11-10C.
[Amended 11-6-2019 by Ord. No.
2019-13]
Fees involved in this chapter shall not apply to an alarm system
installed in any building owned by the City of Lebanon located within
the boundaries of the City of Lebanon.
Any person wishing to test the fire alarm or
sprinkler system that is monitored by a master box must notify the
Lebanon Fire Department at 448-8810 at least 24 hours before any test
is conducted, provided that the master box cannot be disabled at the
FACP. Master boxes must be plugged out by the Lebanon Fire Department
at its convenience. The Center may refuse to allow tests if busy with
emergency traffic.
Violation of any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions. In addition, the following penalties shall apply:
A.
Any alarm company which provides alarm services to
property located within the City of Lebanon or within any area dispatched
by the Center that does not have an alarm company customer permit
under this chapter and who reports any alarms to the Lebanon Communications
Center on behalf of such property shall be guilty of a violation and
shall, in addition, be subject to a civil penalty of $500 for each
alarm reported to the Center without such a permit.
B.
Any person who is the owner, occupant or custodian
of any property upon behalf of which an alarm company reports an alarm
to the Lebanon Communications Center, without such person having first
obtained an alarm company customer permit for that property as required
by this chapter, shall be guilty of a violation, and shall, in addition,
be subject to a civil penalty of $500 for each alarm reported to the
Center without such a permit.
C.
Any person who directly or indirectly causes a false
alarm, knowing that no emergency or other situation exists which requires
or justifies a response by public safety personnel, shall be subject
to the penalties provided in RSA 644:3, 644:3-a, and 644:3-b.
