[HISTORY: Adopted by the Town Council of
the Town of Portsmouth as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 257.
[Adopted 12-10-1990 by Ord. No. 90-12-10]
This article shall be known as the "Burglary
and Robbery Alarm Ordinance."
The purpose of this article is to protect the
emergency services of the Town from misuse.
As used in this article, the following terms
shall have the meanings indicated:
Any bell, horn or other audible device which is not transmitted
to the Police or Fire Department.
An office or telephone answering service to which remote
alarm and supervisory signaling devices are connected, having trained
operators in attendance at all times.[1]
The reception of an alarm signal in the communications center
of the police station, eliciting a response by emergency personnel
when a situation requiring a response by such emergency personnel
does not in fact exist, but does not include an alarm signal caused
by violent conditions of nature or other extraordinary circumstances
not reasonably subject to control by the alarm business operator or
alarm user.[2]
An automatic ring-down telephone line between any central
station or telephone answering service and the communications center
of the Police Department.
Persons owning or leasing an automatic dialing
device may have the device interconnected to a telephone line transmitting
directly to a central station protective system or licensed answering
service.[1]
For the purpose of enforcing the provisions
of this article, the Police Chief or his designated representative
shall have the authority, at reasonable times and upon reasonable
oral notice, to enter any premises in the Town in or upon which alarm
systems or intermediary services subject to this article are located,
to inspect the installation and/or operation of such alarm systems
or alarm businesses on official police business.
A.
Every alarm user shall obtain an alarm user's permit
for each system from the Police Chief's office 90 days after the effective
date of this article or prior to use of an alarm system. This subsection
excludes systems to signal persons within the premises or alarms on
motor vehicles, unless connected with an alarm system at a premises.
If a system employs an audible signal emitting sounds or a flashing
light or beacon designed to signal persons outside the premises, it
shall be subject to this article.
B.
The alarm user applying for the permit shall use a
permit application form prepared by the Police Department and approved
by the Town Solicitor. Each permit shall bear the signature of the
Chief of Police or his designated representative and shall be for
a period of one year. All permits shall expire on December 31 or each
and every year. The permit shall be physically upon the premises using
the alarm system and shall be available for inspection by the Chief
of Police or his designated representative.
C.
Alarm user permit fee:
D.
An alarm user required by law to install, maintain,
and operate an alarm system shall be subject to this article, provided:
(1)
A permit shall be designated a special alarm user's
permit.
E.
Any alarm system user who operates an alarm system
without first obtaining a permit as required by this section or who,
after having a permit revoked or suspended and after exhausting his
rights to hearing and appeal, fails to disconnect his alarm system
shall be in violation of this article.
A.
More than four false alarms in a calendar year from
any alarm system for which an alarm user permit has been obtained
may constitute grounds for revocation of such permit, subject to the
provisions of this section.
B.
After the Department has recorded four false alarms
in a year, it shall notify the permit holder in writing of such fact
and require that the permit holder report to the Chief of Police,
within 15 days, his effort to eliminate false alarms. If the permit
holder fails to submit a report within 15 days or of reasonable extension
for good cause, the Police Chief may revoke the user's permit, and,
under such circumstances, the user shall not be entitled to a hearing
or appeal under this section.
C.
If the alarm user submits an unsatisfactory report,
or has one or more false alarms during the same calendar year after
submitting a satisfactory report, the Police Chief may issue written
notice by first-class mail of his intent to revoke or suspend the
alarm user's permit.
D.
Upon receipt of a notice of intent to revoke or suspend,
the permit holder may, within 10 days, submit a written request for
a hearing before the Police Chief and the Town Administrator. The
Chief of Police shall notify the holder of the time and place of hearing
by mail 10 days prior to the date.
E.
Any person whose permit has been revoked or suspended
shall have the right, within 10 days of having received notice, to
appeal to the Town Council. He shall not be required to discontinue
the alarm system until a final decision is made on his appeal.
F.
An alarm system user whose permit has been revoked
may apply for a new permit. The Chief of Police may impose reasonable
restrictions and conditions upon issuing a new permit to an alarm
user with respect to the particular system for which the permit was
revoked.
The Town shall not be liable for any defects
in operation of automatic protection devices and signal line systems
or for any failure or neglect to respond appropriately upon receipt
of an alarm from such a source.
No permit issued pursuant to this article shall
be transferable.
Failure of any person to comply with the requirements
of written notice of a violation of any provision hereof within three
days of receipt of such notice, exclusive of Saturdays, Sundays, and
holidays, shall constitute an offense punishable by a fine not to
exceed $100, and each succeeding day after the three days allowed
for compliance shall constitute a separate offense.
[Adopted 5-9-2006 by Ord. No. 2006-05-09A]
The Portsmouth Town Council finds and declares
that false fire and carbon monoxide alarms consume the time and resources
of the Portsmouth Fire Department to an unwarranted degree and constitute
a danger to the public health, safety and welfare.
A.
The purpose of this article is to limit the amount
of false fire and carbon monoxide alarms, as described herein, and
encourage the proper care, installation, and maintenance of these
alarm systems.
B.
This article shall apply to all fire and carbon monoxide alarm systems,
commercial, industrial or residential, that are connected to the Portsmouth
Fire Department by either radio transmitter, automatic dialer, or
central receiving station and those that are simply local alarms by
design.
[Amended 10-15-2019 by Ord. No. 2019-10-15A]
The words and phrases used in this article shall
have the meanings stated in this section, unless explicitly noted
otherwise:
A device which is interconnected to telephone lines and is
programmed to dial the fire station and transmit a prerecorded message
that a fire alarm system or carbon monoxide detector has been activated.
A device that detects the presence of carbon monoxide and
sounds an alarm when a predetermined level is reached.
A supervised station that monitors fire alarm systems and
carbon monoxide detectors and reports them to the Fire Department
if activated.
The activation of a fire alarm system or carbon monoxide
detector caused by the mechanical failure, malfunction, improper installation,
insufficient or improper maintenance, or the negligence of the owner
or lessee or the employees, agents or representatives of such owner
or lessee.
Any equipment or assembly of equipment designed to detect
and signal a fire in or upon the premises on which it is located or
designed to detect and signal a trouble condition of the system itself.
The record owner of the realty upon which the fire alarm
system or carbon monoxide detector is located shall be deemed to be
the owner.
Any person, firm, corporation or entity empowered or designated
by the owner to act on the owner's behalf in regards to the fire alarm
system and carbon monoxide detector, including, in the appropriate
cases, but not limited to tenants, rental agents, property managers,
etc.
A device used to send a radio signal or signals to the fire
station in the event the fire alarm system has been activated.
[Amended 10-15-2019 by Ord. No. 2019-10-15 A]
Every owner of a radio transmitter fire alarm shall pay to the
Town of Portsmouth, on or before July 1 of each year, an annual fee
of $200 for each such transmitter. All funds collected from the imposition
of this fee shall be deposited in a special, restricted account to
be used, in part, for the maintenance of the Fire Department radio
transmitters and maintenance and/or replacement of radio box receivers.
The Portsmouth Fire Department will replace radio box transmitter
backup batteries as needed; provided, however, that it shall be the
responsibility of the owner of the transmitter to provide all repair
parts and labor, other than the backup batteries. Nothing herein shall
be construed to relieve the owner of his/her obligation to maintain
the entire fire alarm system and have said system, including the radio
transmitter, inspected by a reliable inspector in accordance with
Rhode Island law.
For the purpose of investigating the source
and/or cause of any alarm or trouble indications received by the Fire
Department, the Fire Chief, or his designee, shall have the authority
to enter onto any premises from which the alarm or trouble indication
was received and determine the source and/or cause of the alarm or
trouble indication. It is the responsibility of the building owner
or his or her representative to provide immediate access to the Fire
Department for the purpose of such investigation.
Any building required by the Rhode Island State
Fire Alarm Code to have a fire alarm system installed shall be provided
with a key lock box. Such boxes shall be of the design acceptable
to the Fire Department and keyed to the specifications required by
the Fire Department. This Department highly recommends that residential
buildings, not covered under the Rhode Island Fire Alarm Code, that
have a fire alarm and/or carbon monoxide system that automatically
transmits the alarm to either the Fire Department or a central monitoring
station be provided with a key lock box.
The Town of Portsmouth shall not be liable for any damages to any building or property resulting from the Fire Department personnel's attempt to investigate an alarm or trouble indication as required by § 83-15 hereof. The Town shall not be responsible for any damage or malfunction to alarm components that the Fire Department must remove or alter in any attempt to restore the alarm to a working condition after an alarm. The Fire Department will make all reasonable efforts to notify the building owner or his or her representative of any action taken on the premises by the Fire Department. Building owners and/or their representatives shall immediately notify a qualified alarm technician to restore the alarm to fully operable condition.
It shall be a violation of this article for
any owner or owner's representative to allow any fire alarm system
or carbon monoxide detector to suffer more than three false alarms
within any twelve-month period. The Fire Chief shall notify the owner,
or his or her representative, in writing, after the occurrence of
three false alarms within any twelve-month period that any further
false alarms within said twelve-month period shall constitute a violation
of this article and will be subject to penalty.
Any person convicted of a violation of this
article shall be subject to a fine of not more than $100 per violation.
Each false alarm in excess of three in any twelve-month period shall
constitute a separate offense.
