[HISTORY: Adopted by the Town Council of the Town of Milton 2-6-2017 by Ord. No. 2016-009. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 167, Security Systems and Protective Services, Art. I, False Alarms, adopted 8-6-2012 by Ord. No. 2012-07.
For the purpose of this chapter, the following definitions shall be applicable unless the context clearly indicates to the contrary.
- CALENDAR YEAR
- The period beginning January 1 and terminating on December 31, both dates inclusive.
- FALSE ALARM
- Includes the activation of a security or alarm system through mechanical failure, malfunction, improper installation or because of negligence of the owner or lessee or the agent, servant, employee or business invitee of the owner or lessee, including the use of an alarm to summon police personnel for reasons other than those listed on the alarm system, but shall not include alarms which, in the opinion of the Chief of Police of the Town of Milton, are caused by electrical interruptions, floods, or other natural events.
- SECURITY OR ALARM SYSTEM
- Includes any mechanical or electrical device used for the detection of burglars, robbery, fire or other hazard within a building, structure or facility or for alerting others to the commission of an unlawful act or hazard, or either or both, within a building, structure or facility, including all necessary equipment designed and installed for the detection of burglars, robbery, or other hazard in a single building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure or facility.
- SECURITY OR ALARM SYSTEM USER
- Includes any person, firm, partnership, corporation, or other entity, or any agent, officer, or employee thereof on whose premises a security or alarm system is maintained within the Town.
Security or alarm system users shall not cause more than three alarm signals within a calendar year that elicit notification to the Milton Police Department where it is discovered that a situation requiring a response by the police does not exist and that is further defined as a "false alarm."
Every security or alarm system user shall maintain their system in such a manner as to minimize the number of incidents of false alarms to the police.
Any security or alarm system user violating any provision of this chapter shall be subject to a civil penalty as set forth below for false alarms responded to by the Milton Police Department within a calendar year.
Payment of fines shall be to the Town of Milton and addressed to 115 Federal Street, Milton, DE 19968, within 30 days after the receipt of the violation.
A notice of violation shall be sent by the Town of Milton Code Enforcement Officer to the security or alarm system user for each false alarm. The notice shall contain the number of false alarm violations by that security or alarm system user for the calendar year and the corresponding civil penalty being assessed, if any. The notice of violation may be issued by mailing such notice to the security or alarm system user at the address where the alarm system is located or registered.
All payments for civil penalties received under this chapter shall be delivered to the Town of Milton within 30 days of receipt of the notice of violation.
A security or alarm system user who wishes to contest the validity of the false alarm violation under this chapter may contest the violation by appealing the decision to the Justice of the Peace Court, which shall have exclusive jurisdiction to hear the appeal.
If the security or alarm system user fails to pay the civil penalty within 30 days from the receipt of the notice of violation, the Town of Milton may enforce the civil penalty by any means available in law or equity, including but not limited to civil action in the Justice of the Peace Court, including seeking judgement and execution on a judgement against the security or alarm system user.
A security or alarm system user shall not operate, or cause to be operated, a security or alarm system without first registering the system. A separate system registration is required for each system site.
The security or alarm system registration application form must be submitted to the Milton Police Department within 30 days after the security or alarm system at a particular site has been activated or within 30 days after a transfer in possession of the security or alarm system. Failure to submit a timely application will result in a nonregistered security or alarm system. Use of a nonregistered system shall consider the first false alarm in a calendar year to be the fourth violation, with the civil penalty being assessed accordingly.
Each security or alarm system application must include the following information:
The name, complete address (including apartment/ suite number) and telephone numbers of the person who will be the registration holder and responsible for the proper maintenance and operation of the system.
The name and complete address of the security or alarm system site, the classification of the security or alarm system site as either residential (includes apartment, condominium, mobile home, etc.) or commercial, and the name, address and telephone number of the person responsible for that system site.
For each security or alarm system located at the security or alarm system site, the classification of the system (i.e., burglary, holdup, duress, panic alarms, etc.) and for each classification, whether such alarm is audible or silent.
The mailing address, if different from the address of the security or alarm system site.
Any dangerous or special conditions present at the security or alarm system site.
The names and addresses of at least two individuals who are able to, and have agreed to:
Receive notification of a security or alarm system activation at any time and who can respond to the security or alarm system site and, upon request, gain access to the system site and deactivate the system if necessary: or
Receive notification of a security or alarm system activation at any time and who has access to the system user for purposes of deactivating the system, if necessary.
The type of business conducted at a commercial security or alarm system site.
Signed certification from the security or alarm system user stating the following:
The date of installation, conversion or transfer of the system, whichever is applicable;
The name, address and telephone number of the system inspection company or companies performing the system installation, conversion or takeover of the security or alarm system and the installation company responsible for providing repair service to the system;
The name, address and telephone number of the monitoring company if different from the security or alarm system installation company;
That a set of written operating instructions for the security or alarm system, including written guidelines on how to avoid false alarms, has been left with the applicant by the system installation company; and
That the security or alarm installation company has trained the applicant in proper use of the system, including instructions on how to avoid false alarms.
Acknowledgment that any delay in law enforcement authority response time may be influenced by factors including, but not limited to, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc.
Any false statement made by an applicant for the purpose of obtaining a security or alarm system registration shall be sufficient cause for refusal to issue a registration.
A security or alarm system registration shall not be transferable to another person or system site. A security or alarm system user shall inform the system administrator of any change that alters any of the information listed on the system registration application within 30 days of such change.
In the interest of public safety, all information contained in and gathered through the security system registration applications shall be confidential information.