[Adopted 1-17-1989 (Sec. 10-67 of the 1985
Code of Ordinances); amended in its entirety 2-17-2009]
For the purposes of this Part 5, the following words or phrases shall be defined as follows:
Any structure with sides and a roof, constructed of any materials
and used for any purpose.
The period commencing January 1 and ending December 31.
Any alarm of fire received by the Fire Department for which
there is no fire and for which apparatus and/or personnel are dispatched,
except an alarm caused by an act of nature, a power outage, or a person
who reasonably believes in good faith that a fire is present.
A system which actuates a fire alarm signal either by automatically
detecting a fire condition or by manual activation.
All buildings of the owner at a common site.
Immediately after the Fire Department has recorded
the third false alarm in any calendar year from the same property,
the Fire Department shall notify the property owner in writing of
such fact. The Fire Department shall thereafter charge the property
owner a fee of $400 for each additional false alarm from the property
for the remainder of that calendar year. A property owner may file
a written appeal with the Town Manager within 10 days of the imposition
of a false alarm fee hereunder. The Town Manager shall thereupon determine
if the fee was properly imposed hereunder. The Town Manager's decision
regarding the fee shall be final.
It shall be the property owner's responsibility
to ensure that all reasonable measures are used to prevent and eliminate
false alarms.
The Town of Smithfield, its Fire Department,
and all of its employees and agents shall under no circumstances be
held liable for any defects in the operation of automatic fire protection
devices and fire signaling systems, for a fire alarm not being received
by the Fire Department, or for any failure or neglect to respond appropriately
upon receipt of any false alarm.
This Part 5 shall not apply to fire alarm systems connected to automatic dialers in one-, two-, and three-family residential buildings, nor shall it apply to property owned by a unit of government.
Fees for false alarms shall be paid to the Town
of Smithfield and shall be specifically allocated to the Fire Department
line item entitled "Special Fire Projects Fund" for Fire Department
capital expenditures.
A property owner who fails to pay the false
alarm fee provided herein within 30 days of written notice thereof
sent by the Smithfield Fire Department if the fee is not appealed,
or within 30 days of written notice from the Smithfield Town Manager
if the fee is appealed, shall be subject to a fine of up to $1,000
for each offense.
