[HISTORY: Adopted by the Town of Kennebunkport as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-10-1979; amended 3-23-1999; 6-16-2007; 6-9-2009]
The purpose of this article is twofold: first, to minimize false
fire and police alarms signaled by private alarm systems and outside
residential or business alarms that are not directly monitored by
the Town of Kennebunkport; and second, to have adequate information
available to respond to the alarm and to contact the owner of the
property or representative in the event of a problem.
As used in this article, the following terms shall have the
meanings indicated:
Those alarms which signal a request for service by a central
monitoring station, telephone digital dialer, outside bell, siren,
light or horn.
A.
For
purpose of this article, false fire or police alarms which are caused
by events beyond the control of the owners are not considered violations
of this article. Examples would include severe-weather-related causes,
power outages and wild animal causes.
B.
False
fire or police alarms which are caused by events within the control
of the owners are considered violations of this article. Examples
would include human errors including alarms mistakenly activated by
homeowners, caretakers, cleaning persons, contractors and/or other
workers. False fire or police alarms caused by failure to repair a
malfunctioning system, neglect, failure to maintain a system, or failure
to correct problems with the system (after notice) are considered
violations of this article.
Any owner of residential or business property or the alarm company
doing the installation shall provide to the Kennebunkport Communications
Department in writing prior to the activation of the alarm system
the following information:
A.
Name
of the owner(s) of the alarmed property.
B.
Street
addresses and description of the alarmed property.
C.
Address(es)
of property owner(s).
D.
Telephone
number of the alarmed property.
E.
Type
of alarm(s).
F.
Names
and telephone numbers of two individuals who have keys to the property
and are familiar with the alarm system.
G.
Alarm
company's name, address, and telephone number.
The invalidity of any section or provision of this article shall
not affect the validity of any other section or provision of this
article.
The Fire Chief, Police Chief, or any designated police or fire
officer may enforce this article. Any fire officer who observes a
violation of this article will contact the police, who may summons
the property owner or person residing in the property to the District
Court.
B.
For
the purpose of this section, the number of false alarms shall be based
upon a twelve-month period.
C.
Any
second or subsequent offender for a particular property who is summonsed
for a violation of this article may waive all court action by payment
of the civil penalty to the Town within 10 days of the date of the
summons.
D.
If
the penalty is not paid and/or if court action ensues, the offender
shall be liable for any and all costs incurred by the Town in enforcing
this article, including but not limited to court filing fees and the
cost of legal counsel.
E.
Within
the ten-day period, the user may appeal the imposition of the civil
penalty to the Chief of Police or designee, in the case of a police-related
alarm, or the Fire Chief or designee, in the case of a fire alarm,
who may abate or reduce the penalty upon good cause shown. The decision
of the responsible Chief may be appealed to the Town Manager. The
decision of the Town Manager shall be final.
[Amended 11-3-2020]
All civil penalties collected under this article shall accrue
to the Town of Kennebunkport.
This article shall become effective immediately upon approval
by a majority vote at a Kennebunkport Town Meeting.
