[1]
Editor's Note: See G.S. § 7-148(c)(7)(H)(xiv).
[Ord. No. 50, § I; 9-3-2020]
The purpose of this article is to regulate the installation and use of burglar, fire, medical, and any other alarms or emergency signaling devices within the Town of Avon.
[9-3-2020]
The provisions of this article shall apply to any person, other than the Town of Avon who uses, operates or owns any alarm system that automatically summons the police, fire, medical or ambulance personnel or other Town agency in response to an alarm signal.
[Ord. No. 50, § II; 9-3-2020]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ALARM BUSINESS
Means any business that installs, maintains, alters, repairs, replaces or services alarm systems located within the Town of Avon.
ALARM SYSTEM
Means an assembly of equipment and devices or a single device designed to detect and signal an unauthorized intrusion, fire or other similar emergency at the protected premises. This term, however, shall apply only to such systems that automatically summon police, fire, medical, ambulance or other Town emergency vehicles or personnel.
ALARM USER
Means any person who owns or operates an alarm system located within the Town of Avon.
AUTOMATIC DIALING DEVICE
Means a device that transmits a prerecorded message over telephone lines.
BILLING CYCLE
Means a one-year period of time to coincide with the Town fiscal year, i.e., July 1 to June 30.
FALSE ALARM
Means any alarm signal necessitating the response of Town emergency vehicles or personnel that is actuated in any fashion, including a malfunction of the alarm system or other equipment, where no emergency situation exists.
PERSON
Means any individual, partnership, corporation, association, firm, or society, excluding the Town.
POLICE CHIEF
Means the Chief of the police department of the Town or his designated representative.
TOWN MANAGER
Means the Town Manager of the Town or his designated representative.
[Ord. No. 50, §§ III - V; 9-3-2020]
No automatic dialing device or alarm system shall be connected to or use any telephone lines assigned to an agency of the Town of Avon including the 911 emergency line, except those lines as authorized by the Police Chief.
[Ord. No. 50, § VI; 9-3-2020]
(a) 
A charge shall be imposed upon an alarm user for each false alarm generated as described in 15-24(a)(1)—(3) below. Such a payment shall be made payable to the Town of Avon.
(1) 
False alarms of any type, including but not limited to, burglar, fire or medical, shall be charged at the same rate.
(2) 
The procedure for false alarm charges as outlined in 15-24(a)(3) shall reset on the first day of each billing cycle.
(3) 
In each billing cycle, the first three false alarms will not be assessed a charge. The next four false alarms shall be assessed a $25.00 charge per occurrence. Any subsequent false alarms during the billing cycle will be billed at $100.00 per occurrence.
(b) 
If an alarm user notifies the Police Chief or his agent one hour prior to any service, test, repair or adjustment of an alarm system that may activate a false alarm, no false alarm charge shall be imposed.
(c) 
The Police Chief, with the approval of the Town Manager, may waive any of the charges imposed by 15-24(a). The Police Chief must state the reason for such waiver in writing and duly signed by him.
[Ord. No. 50, § VII; 9-3-2020]
Except as otherwise provided, any alarm user or business that violates any provision of this article shall be subject to a penalty not to exceed one-hundred dollars ($100.00).
[Ord. No. 50, § VIII; 9-3-2020]
The Police Chief shall be responsible for the enforcement and administration of this article and such rules and regulations as may be promulgated hereunder from time to time.
(a) 
Hearings. An alarm user may request a hearing on a false alarm charge by providing a written request to the Police Chief within ten business days of receipt of the notice of false alarm charge. The hearing shall be conducted by the Police Chief.
(1) 
Hearings shall be held at a time and place designated by the Police Chief. The hearing shall be held not more than ten business days after a timely request has been filed unless the petitioner agrees in writing to a postponement of the hearing.
(2) 
Based upon the record of such hearing, the false alarm charge may be vacated, modified or affirmed by the Police Chief. A written decision of the hearing shall be furnished to the alarm user within 30 days of the hearing.