[HISTORY: Adopted by the Town Council of the Town of Milton 2-6-2017 by Ord. No. 2016-009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 167,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.
The period beginning January 1 and terminating on December
31, both dates inclusive.
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.
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.
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.
A.
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.
|
Number of False Alarms
|
Civil Penalty per False Alarm
| |
|---|---|---|
|
4 to 5
|
$50 per violation
| |
|
6 to 9
|
$100 per violation
| |
|
10 to 15
|
$200 per violation
| |
|
16 and over
|
$250 per violation
|
B.
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.
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.
B.
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.
C.
Each security or alarm system application must include the following
information:
(1)
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.
(2)
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.
(3)
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.
(4)
The mailing address, if different from the address of the security
or alarm system site.
(5)
Any dangerous or special conditions present at the security or alarm
system site.
(6)
The names and addresses of at least two individuals who are able
to, and have agreed to:
(a)
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
(b)
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.
(7)
The type of business conducted at a commercial security or alarm
system site.
(8)
Signed certification from the security or alarm system user stating
the following:
(a)
The date of installation, conversion or transfer of the system,
whichever is applicable;
(b)
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;
(c)
The name, address and telephone number of the monitoring company
if different from the security or alarm system installation company;
(d)
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
(e)
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.
(9)
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.
D.
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.
E.
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.
