[HISTORY: Adopted by the Town Board of the Town of Kent as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2009 by L.L. No. 6-2009]
This article shall be known as the "Burglar and Fire Alarm Device
Control Law."
The frequency of false burglar and fire alarms emanating from
automated devices have caused unnecessary Police Department responses
where no actual police emergency exists, with the result that police
personnel have been exposed to avoidable hazards and risks, taxpayer
funds have been wasted and persons in need of police and other emergency
services may have experienced delays in receiving the same. This article
is intended to remedy this waste by seeking to suppress the number
of automated false alarms generated in the Town of Kent without unreasonably
interfering with the use of such alarm devices when they fulfill the
purpose for which they are intended.
For the purpose of this article, the following definitions shall
apply:
Any device which, when activated, is intended to transmit
a signal directly or indirectly to request police services to respond
on an emergency basis. Such devices include any device which emits
an audible signal at or near the exterior of the protected premises
or which transmits a request for police services to a private or government-operated
central alarm station for the purpose of relaying a request for such
services or which transmits a request for emergency services directly
to a police agency. This definition does not include any alarm device
installed in any motor vehicle.
Any person, business or entity upon whose premises an alarm
device is installed within the Town of Kent.
The Chief of Police of the Town of Kent.
The activation of an alarm device which results in the response
by police personnel to any place within the Town of Kent where no
police emergency services are required, as determined by such personnel
after investigation. A false alarm shall not include alarm signals
which result from hurricane, gale, tornado or other violent weather
condition, earthquake or any major disruption of electric, telephone
or other public utility transmission.
The Town of Kent Police Department.
The Town Board of the Town of Kent.
A.
All persons who desire to become alarm users in the Town of Kent
shall obtain an alarm user permit from the Police Department. Applications
for such permit shall be made on forms prescribed by the Chief of
Police and shall provide the following information:
(1)
The name, address and telephone number of the intended alarm user;
(2)
The location of the alarm device;
(3)
A description of the type of alarm device to be installed;
(4)
The address to which notices required under this article shall be
sent;
(5)
The name, address and telephone number of two persons that may be
contacted at any time of the day or night and who are authorized by
the alarm user to enter the premises; and
(6)
Such other information as may be reasonably required by the Chief
of Police.
B.
All information provided by a permit applicant shall be treated as
confidential, shall not be deemed a public record and shall not be
used for any purpose other than to carry out the provisions of this
article or to provide emergency services to alarm users.
C.
Any time real property is transferred or there is a change of occupancy
in rental property, the seller shall notify the purchaser of the requirement
to notify the Police Department of his/her new contact information.
A.
The fee for issuance of an alarm user permit shall be an amount as
set forth by resolution of the Town Board and included in the fee
schedule.[1] Such permits shall be issued without expiration date.
[Amended 3-7-2017 by L.L.
No. 2-2017]
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
B.
Application for a new permit shall be made upon any change in ownership
or, in the case of renal property, a change of the occupant(s) of
the premises where an alarm device is located.
Any alarm user who shall install or have installed or who maintains
an alarm device in the Town of Kent without a permit shall be guilty
of a violation punishable upon conviction by a fine of not less than
$100 nor more than $500.
Alarm user permits shall not be transferable. A copy shall be
kept on file in the alarm user's premises and shall be made available
for inspection upon demand by any Police Department personnel. All
permits shall be deemed terminated upon the sale or transfer of possession
of the affected premises to a new owner or occupant.
[1]
Editor’s Note: Former § 22-8, Waiver of permit
fee for senior citizens, was repealed 3-7-2017 by L.L. No. 2-2017.
In addition to any other requirement, an applicant for an alarm
user permit for any alarm device which shall have the capability to
transmit a request for emergency services on an urgent basis in the
event of medical emergency, a crime in progress, or other extreme
emergency shall provide written permission authorizing police personnel
to forcibly enter the premises without notice to the alarm user.
Wherever a responding police official shall determine that a
false alarm has been transmitted, a written report shall be submitted
by such officer to the Police Chief stating the name, address, telephone
number and permit number, if any, of the alarm user, together with
a statement of the circumstances surrounding such alarm and the officer's
opinion as to the likely cause.
No alarm user permit shall be issued for any alarm device which
shall emit an uninterrupted audible signal for a period of longer
than 15 minutes. Police or fire personnel responding to audible alarms
are hereby authorized to disable the same without liability for any
damage to such device if the audible signal shall sound for more than
15 minutes without interruption. Any such alarm device which has a
mechanism to reset such alarm shall be equipped so that successive
sounding of the alarm device shall be limited to no more than three
fifteen-minute audible signals. The sounding of such alarm device
for more than 15 minutes or for more than three fifteen-minute intervals
shall be considered a false alarm whether or not an actual emergency
triggered such device.
No alarm user permit shall be issued unless the following requirements
are met:
A.
The premises shall display a building or house number or name sufficiently
sized or illuminated by street- or other lighting so as to be clearly
visible from the street frontage.
B.
All alarm devices shall be equipped with a standby power source sufficient
to maintain the device in an armed state for at least eight hours
in the event of a power failure.
A.
Any alarm user who shall be determined by police personnel to have
issued more than three false alarms in any one twelve-month period
shall be liable for a civil penalty of $50 each for any fourth or
fifth such false alarm. Any additional false alarm in such twelve-month
period shall subject the user to a civil penalty of $100 for each
such subsequent false alarm.
B.
The Chief of Police or his designee shall maintain records of all
false alarms reported pursuant to this article. A warning letter may
be sent at the discretion of the Chief of Police to any alarm user
who shall have permitted up to three false alarms in any twelve-month
period. When a fourth or subsequent false alarm is transmitted during
a twelve-month period, the Chief of Police shall assess the civil
penalty as provided herein and give notice of the same to the alarm
user by certified mail, return receipt, addressed to the address provided
on the permit application or any amendment thereto. Such notice shall
contain information as to the right of review of such determination.
The civil penalty must be paid within 15 days from the date assessed
or, in the alternative, the alarm user must file a written request
with the Police Chief for review of the civil penalty before the Kent
Town Board. Payment of the amount assessed shall become a lien against
the property if not paid within 45 days from the date assessed. All
civil penalties which become liens against the property shall be collected
by special assessment levy against the affected tax parcel on the
next Town tax bill.
The Chief of Police shall revoke any alarm user permit when
10 false alarms have been transmitted during any twelve-month period.
Such permit shall not be renewed or reissued unless sufficient changes
are made to the alarm device to assure that the false alarm condition
shall not reoccur upon issuance of a new alarm user permit. Upon written
request by an aggrieved person, the revocation of an alarm user permit
or the refusal to reissue such permit by the Chief of Police shall
be subject to review by the Kent Town Board. An alarm user whose permit
is revoked or denied shall be notified of the right of review. Request
for such review must be made, in writing, on or before the lapse of
15 days from receipt of notice of the determination by the Police
Chief. A request for review shall stay the revocation of the alarm
user's permit until after the determination of the Kent Town
Board.
It shall be an affirmative defense to any prosecution for maintaining an alarm device without a permit that the person charged has submitted a duly completed application and permit fee to the Chief of Police within 15 days from the date when served with such violation notice. This defense shall not be available to any person maintaining an alarm at any location where an alarm permit has been revoked pursuant to § 22-14, Revocation of permit. If this affirmative defense is alleged and proven, the court may, in its discretion, reduce the fine to a minimum of $50.
The Chief of Police shall have no authority to revoke or refuse
to issue any alarm user permit to any person or entity which is required
by any federal, state or local law to maintain an alarm device in
premises within the Town of Kent. However, all other provisions of
this article shall apply, and the alarm user shall be liable for any
civil or criminal penalty which may apply.
The Kent Town Board may reduce any civil penalty assessed by
the Chief of Police whenever it determines that a person other than
the alarm user was responsible for the false alarm or that there is
reasonable cause to believe such alarm was the result of an unauthorized
entry or attempted entry. Such Board may not excuse any penalty on
account of equipment failure, defective installation or servicing
of any alarm device.
The Chief of Police may promulgate such rules, regulations and
standards applicable to alarm devices and alarm users consistent with
this article, which are necessary for the purpose of effective administration
of this article. Such rules, regulations and standards shall be set
forth, in writing, and filed with the Town Clerk, and copies shall
be made available without charge to all applicants for an alarm user
permit.
If any section, paragraph, clause, provision or portion of this
article shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of the balance of this article as a
whole or any part or provision other than the part held to be invalid
or unenforceable.
A.
This article shall take effect on the first day of the month following
the month during which it has been filed with the Secretary of State.
