[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
It is determined that the number of false alarms being made
to the Police and Fire Departments hinders the efficiency of those
Departments, lowers the morale of Department personnel, constitutes
a danger to the general public in the streets during responses to
false alarms and jeopardizes the response of volunteers; and that
the adoption of this article will reduce the number of false alarms
and promote the responsible use of alarm devices in New Milford by
the alarm user.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-8-2007; Ord. of 9-27-2010; Ord. of 1-14-2019]
For the purpose of this article, the following definitions shall
apply:
Any device which, when activated by a criminal act or by
smoke, fire or other emergency calling for Police or Fire Department
response, transmits a signal to Police or Fire Department dispatch;
transmits a signal to a person who relays information to Police or
Fire Department dispatch; or produces an audible or visible signal
to which the Police or Fire Departments are expected to respond. Excluded
from this definition and the scope of this article are devices which
are designed to alert or signal only persons within the premises in
which the device is installed.
The owner of any premises in which an alarm device is used, provided that an occupant who expressly accepts responsibility for an alarm device by registration pursuant to § 2A-25 shall be deemed the alarm user.
An office to which remote alarm devices transmit signals
where operators monitor those signals and relay information to the
Police and Fire Departments.
Any person, firm or corporation in the business of supplying
and installing alarm devices or servicing the same.
Any activation of an alarm device to which the Police or
Fire Department responds and which is not caused by a criminal act,
fire, other emergency or nature.
An Underwriter's Laboratory-type secured box or vault of
a size and style approved by the Fire Marshal or his designee which
contains key(s) for the exclusive use of the New Milford Fire Departments
and ambulance personnel to access the premises in an emergency.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
(a)
The Police Department and Fire Department shall each have an Administrator
having the powers and duties granted under this article, for a total
of two Administrators. Each Administrator shall be appointed by the
Mayor and approved by the Town Council. An Administrator may designate
persons to carry out the powers and duties granted to the Administrator
under this article.
(b)
Each Administrator's office shall review department calls on a weekly
basis.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-8-2007; Ord. of 1-14-2019]
(a)
There shall be in the Town an Alarm Appeals Board that shall have
the powers and duties to hear appeals under this article.
(b)
An Alarm Appeals Board shall be appointed by the Mayor and approved
by the Town Council consisting of three members and two alternates
who, by education and experience, are qualified to pass upon the application
of this Code as it affects the interests of the general public. Board
members shall not be fire officers, agents, or employees of this Town.
All members and any alternate members shall be appointed and serve
in accordance with the terms and conditions of the authority having
jurisdiction. The Board shall establish rules and regulations for
conducting its business and shall render all decisions and findings
in writing to the Administrator, with a copy to the appellant. No
member of the Board of Appeals shall sit in judgment on any case in
which the member, personally, is directly interested.
(c)
The Alarm Appeals Board shall provide for reasonable interpretation
of the provisions of this Code and rule on appeals from decisions
of the Administrator.
(d)
The Alarm Appeals Board shall meet whenever directed by the Mayor,
or Mayor's designee, for the purpose of interpreting the provisions
of this Code and to consider and rule on any properly filed appeal
from a decision of the Administrator, giving at least five days' notice
of hearing, but in no case shall it fail to meet on an appeal within
30 days of the filing of notice of appeal. All of the meetings of
the Board of Appeals shall be open to the public and proper notice
given to the Town Clerk.
[Ord. of 8-12-2003; Ord. of 1-12-2004]
(a)
No person, firm or corporation shall install an alarm device without
first providing the Alarm Administrator with the name, address and
phone number of the owner and of the occupant (if different) of the
premises wherein an alarm device is to be installed. Notice shall
be given at least 10 days prior to installation and shall comply with
all statutory requirements, including those at Section 7-282b of the
General Statutes.
(b)
Each alarm user shall register his alarm device or devices with the
Administrator prior to use.
(c)
Registration must be renewed every two years for purposes of update.
[Ord. of 8-12-2003; Ord. of 1-12-2004]
(a)
Alarm device registration shall be accomplished by filling out a
form provided by the Administrator to include such information concerning
the identity of the prospective alarm user, the identity of the alarm
user's contractor, if any, and the nature of the proposed alarm device
as the Administrator may require. The Administrator shall issue the
alarm user a written acknowledgment of proper registration.
(b)
It shall be the responsibility of each alarm user to notify the Administrator
of changes in registration information.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
Unless required by law, no alarm device which produces an exterior
audible signal shall be installed unless the duration of its audible
signal is automatically restricted to a maximum of 30 minutes.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
(a)
The Police or Fire Department shall report false alarms to the Administrator,
based upon the report of the investigating officer.
(b)
It shall be the responsibility of the central station to notify the
alarm user or his designated key holder whenever the central station
reports an alarm activation to the Police or Fire Department.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
(a)
In the event that the Police or Fire Department responds to a false
alarm, the respective department Administrator may impose a charge
on the responsible alarm user according to the following rules and
False Alarm Fine Schedule:
(1)
In determining the appropriate fine amount, an alarm user shall
be subject to fines according to the number of false alarms occurring
within the 12 months prior to the date of the current false alarm
charge. In determining the number of false alarms, the respective
Administrator shall not consider past false alarms that are one year
old, or older. The computation of total burglar alarms and total fire
alarms shall not be counted together.
(2)
In the event that any fine is not paid in full within 30 days,
interest shall accrue at the highest rate allowed by law. A lien may
be obtained on the property protected by the alarm system if any person
fails to pay any fine or charge within 60 days, in addition to criminal
enforcement which might be initiated for delinquent fines.
(3)
False Alarm Fine Schedule:
|
Number of False Alarms
|
Fine
|
|---|---|
|
1
|
$0
|
|
2
|
$50
|
|
3
|
$100
|
|
4 and beyond
|
$150
|
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
(a)
In General. The Administrator shall notify the responsible alarm
user of any false alarm charge by mail. Within 30 days after the mailing
of such notice, the alarm user may file with the Administrator information
to show that the alarm was not a false alarm within the meaning of
this article.
(b)
The Administrator shall consider such information, reaffirm or rescind
the false alarm charge and notify the alarm user of its decision by
mail. Within 30 days after the mailing of such notice, the alarm user
may file with the Alarm Appeal Board an appeal, in writing.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-8-2007]
Upon receipt of a timely appeal from a false alarm charge, registration
suspension or lock-box violation, the Alarm Appeal Board shall hold
a hearing to consider it and shall mail notice of the time and place
of said hearing to the alarm user or structure owner/operator taking
the appeal at his last known address, at least 15 days before the
hearing. On the basis of information provided by the alarm user or
structure owner/operator and other information introduced at the hearing,
the Board shall affirm the charge or suspension, if it finds that
the charge or suspension was properly imposed, or rescind the charge
or suspension, if it finds the charge or suspension was not properly
imposed
[Ord. of 8-12-2003; Ord. of 1-12-2004]
Each notice of a false alarm charge, the reaffirmation of such
a charge by the Administrator or the suspension of a registration
shall refer to and provide instructions concerning the alarm user's
right to further recourse by filing information with the Administrator
or an appeal with the Alarm Appeal Board, as the case may be.
[Ord. of 8-12-2003; Ord. of 1-12-2004]
The Administrators and the Board of Appeals will maintain all
information in compliance with the FOIA.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
The Administrators and the Police and Fire Departments shall, with respect to each and every false alarm, compile information concerning alarm devices, contractors and sources of false alarms in a form such that the information may be evaluated in terms of relative reliability of different sorts of alarm devices and particular contractors and the frequency of false alarms attributable to different categories of sources. All alarm activations, including those not considered false alarms as defined herein shall be cross-referenced by the Administrator with such compiled information to determine if the alarm device has been registered in accordance with §§ 2A-25 and 2A-26. If it is determined that the alarm device has not been registered, the Administrator shall notify the alarm user, in writing, of the registration procedures for such alarm device. Failure of the alarm user to register such alarm device following notification by the Administrator shall result in penalties pursuant to § 2A-29.
[Ord. of 8112-2003; Ord. of 1-12-2004]
Notwithstanding the provisions of this article, the Town, its
departments, officers, agents and employees shall be under no obligation
whatsoever concerning the adequacy, operation or maintenance of any
alarm device or of the alarm-monitoring facilities at Police and Fire
Department headquarters. No liability whatsoever is assumed for the
failure of such alarm devices or monitoring facilities or for the
failure to respond to alarms or for any other omission in connection
with such alarm devices. Each alarm user shall be deemed to hold and
save harmless the Town, its departments, officers, agents and employees
from liability in connection with the alarm user's alarm device.
[Ord. of 8-12-2003; Ord. of 1-12-2004; Ord. of 1-14-2019]
Upon collection all fire-alarm-related fines are to be credited
to the Fire Equipment Capital Reserve Fund, and all burglar-alarm-related
fines are to be credited to the Town's General Fund.
[Ord. of 8-12-2003; Ord. of 1-12-2004]
The Town, upon authorization of the Administrator, may institute
civil proceedings to enforce the provisions of this article.
[Ord. of 8-12-2003; Ord. of 1-12-2004]
The provisions of this article shall not apply to alarm devices
on premises owned or controlled by the Town, including the Board of
Education, the State of Connecticut or the government of the United
States nor to alarm devices installed in a licensed motor vehicle,
trailer or boat.
[Ord. of 8-12-2003; Ord. of 1-12-2004]
(a)
Notes:
(1)
Fines for nonregistration shall be waived if the system owner
registers the system when notified of the fine.
(2)
The system owner shall be notified by certified mail after the
second false alarm that they are ordered to have the system inspected
by a fire alarm service company and written documentation of corrective
action taken is to be submitted to the Administrator's office.
(3)
The system owner shall be notified by certified mail of the
third and all subsequent false alarms, stating the numbers of false
alarms, amount of fine, findings of Fire Department upon investigation,
and consequences if the fine is not paid within 30 days.
