[HISTORY: Adopted by the City Council of the City of Bangor as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. VII, Art. 13; amended 8-8-1994 by Ord. No. 94-201]
The purpose of this article is to establish regulations that apply to the operation of burglar and emergency alarm systems within the City of Bangor and encourage the installation and maintenance of reliable alarm systems and the responsible use of those. It is a further purpose of this article to ensure that police officers have current and pertinent information about alarm locations. Nothing in this article creates a duty on the part of the Police Department; however, alarms are given priority subject to available manpower and other calls of higher priority.
As used in this article, the following terms shall have the meanings indicated:
- Any system or device in which a signal, audible or otherwise, is emitted or transmitted for the purpose of notifying a person(s) located off the premises containing the alarm and which elicits a police response, directly or indirectly, as a result of the signal. This term includes alarms installed or monitored by an agency which then contacts the Police Department for a response. This term includes burglar or other emergency alarms intended to elicit a police response, as opposed to a medical or Fire Department response.
- ALARM RESPONSE
- A police response to any premises when the activation of an alarm system elicited the response and a criminal act has not occurred.
- ALARM USER
- The property owner, as contained in City Assessor records, unless a tenant or other person submits or possesses documentation which contains the written consent of the property owner to install or operate the alarm. In such an instance, the tenant or other person will be considered the alarm user.
- HAZARDOUS CONDITIONS
- Any object, terrain, barriers or any other item that may create a risk of injury to a person not aware of the hazard. Examples include, but are not limited to, the following:
- KEY HOLDER
- The person(s) listed on the alarm user permit application as the person(s) to be contacted in case of emergency or the alarm company responsible for the alarm service.
- PERSONAL PROTECTION ALARM
- An alarm that is designed to summon help when it is activated by the person it is designed to protect. This definition applies only to alarms that are meant to protect persons who are on their own property and are usually designed to work in conjunction with a premises alarm. This does not apply to personal alarms that are carried while in public areas.
- PREMISES ALARM
- An alarm that is designed to protect buildings or other nonmovable property.
- PRIMARY RESIDENT
- The owner of the property, if residing on the premises, otherwise the head of the household or spouse residing on the premises.
Within 60 days after the effective date of this article, every person who has an alarm system shall obtain an alarm user permit for each separate alarm system installed or operated on property within the City of Bangor.
This permit shall be obtained by application to the Bangor Police Department on a form developed by the Chief of Police and approved by the appropriate Council committee.
[Amended 12-27-2000 Ord. No. 01-58]
The permit must be renewed annually upon the anniversary of the original date of issuance.
Applicants must truthfully provide all information requested on the application form in order for a permit to be issued. No incomplete application will be acted upon.
Permits will expire one year from the date of issuance. Permittees must submit renewal applications not less than 30 days prior to the expiration date to ensure the timely issuance of a renewal permit. No renewal permit will be granted unless or until all outstanding alarm response fees are paid in full.
Alarm user permit applicants shall provide their name, mailing address, alarm location address, termination point, alarm company information (name, address and telephone number), the names and telephone numbers of at least two persons to notify in the event of an alarm and information about any potentially hazardous conditions about the premises.
Information about the type of alarm protection (premises, personal protection or both) and alarm systems (motion, infrared, contacts, etc.) may be provided with the application as an aid to the Police Department, but such information is not required. Any such information provided to the Police Department will be kept confidential pursuant to 16 M.R.S.A. §§ 611 through 622, as the same may be amended from time to time.
Alarm user permit holders shall ensure that all information submitted on an alarm user permit application is kept current.
Any changes made to any termination point, mailing address or list of persons to be notified in the event of an alarm shall be reported to the Chief of Police or the Chief's designee, in writing, within 10 days of any such change.
The alarm user permit holder or applicant shall have the street number attached to the building in a manner, place and of material so as to be easily seen from the street.
Said number shall be placed in a location so that it can be illuminated, if necessary, to ensure rapid location of the building by emergency personnel after dark.
Numbers should be placed near the main entrance of the building (if it faces the street) or on the right corner of the building that faces the street.
Numbers should be at least three inches high if the building is located within 75 feet of the street. Numbers should be an additional inch higher for each additional 25 feet that the building is located from the street.
Suspected illegal activity. Upon arrival, if an officer finds that illegal activity may have occurred, the officer shall investigate in an attempt to find the extent of the illegal activity and identify the person(s) responsible. As soon as practical, attempts will be made to notify a key holder. If contact is made with a key holder, it will be the key holder's responsibility to make arrangements to secure the premises. If contact cannot be made with a key holder, the officer will make a reasonable effort to secure the premises prior to departure.
Premises appear secure. If upon inspection an officer determines that the premises appear to be secure and there is no apparent illegal activity, attempts will be made as soon as practical to contact a key holder. If contact is made and the key holder indicates a response is forthcoming, the officer, unless reassigned to an incident of higher priority, will remain at the scene. When the key holder arrives, further investigation may be initiated to determine the cause of the alarm. If a key holder cannot respond so as to arrive at the premises within 15 minutes, the officer will be released from the scene.
Any alarm user that operates an alarm without a permit will be subject to a fine. Upon notification of the existence of an unpermitted alarm, through response to an alarmed premises or otherwise, the Police Department will notify the alarm user, in writing, that within 10 days of the date on said written notification a completed alarm user permit application must be submitted to the Police Department. Failure to timely submit such an application will be prima facie evidence that an unpermitted alarm has been operated in the city after the application due date up to and inclusive of the date of adjudication. Upon a finding by a court that this subsection has been violated, the alarm user shall be subject to a civil fine of $100 for each and every day of unpermitted alarm operation. In addition to the fine amount, the alarm user, after said finding by the court, shall be required to pay all outstanding alarm response fees assessed pursuant to § 58-6 above.
Any false statement or misrepresentation of a material fact made by an applicant for the purpose of obtaining an alarm user permit or for renewal will result in the refusal to issue or revocation of a permit and, upon a finding by a court that this subsection has been violated, a civil fine of $100.
Failure to have the premises properly identified will result in the revocation of the alarm user permit.
Failure to pay an invoice for alarm response fees within 30 days of the billing date will result in revocation of the alarm user permit.
Failure to report changes as required by § 58-4 above will result in revocation of the alarm user permit.
No alarm shall be installed which has an audible signal with a duration of longer than 15 minutes. Upon a finding by a court that this subsection has been violated, the alarm user shall be subject to a civil fine of $100 for each and every occurrence. Any alarm which is activated for longer than one hour of continuous operation may be silenced by the Police Department, using any reasonable means necessary.
Upon the receipt of information that could result in revocation of an alarm user permit for violation of any of Subsections B through E of § 58-8, the Police Chief or the Chief's designee shall conduct an investigation of the alleged violation. The alarm user permit holder shall be notified within seven days of the receipt of information that an investigation is being conducted and the general outline of the facts of the violation alleged.
The investigation shall include interviews with appropriate individuals having information relevant to the alleged violation. The alarm user permit holder shall be afforded an opportunity to respond to the alleged violation by presenting relevant information to the Chief or the Chief's designee.
The Chief or the Chief's designee shall record all conversations conducted during the investigation and keep copies of all documents pertaining to the investigation. Within days of the initial receipt of information concerning the alleged violation, the Chief or Chief's designee shall issue a written decision containing findings of fact and a determination as to whether revocation of the alarm user permit is warranted. Nothing herein prevents the Chief or the Chief's designee from finding that the alleged violation has been corrected prior to the issuance of the decision, thus resulting in the alarm permit not being revoked.
The decision of the Chief or the Chief's designee will be effective on the date of the decision and shall constitute the final agency action of the city. Any further appeal must be taken, if at all, pursuant to Maine Rules of Civil Procedure Rule 80B.
When an alarm user permit has been revoked pursuant to this section, the former alarm user permit holder shall be subject to this article with regard to any future use of the alarm at the premises which were the subject of the revocation process. Additionally, the former alarm user permit holder shall still be liable for any alarm response fees due the city.
[Adopted as Ch. II, Art. 14, Secs. 7, 7A and 10; amended 2-28-1994 by Ord. No. 94-101]
[Amended 6-26-2000 Ord. No. 00-233]
If any person shall willfully or maliciously give or cause to be given a false alarm of fire by ringing an alarm bell or by pulling in an alarm at any box of the fire alarm system or at any private alarm system or shall willfully or maliciously break, destroy or tamper with in any way the apparatus comprising the city's fire alarm system, he or she shall be punished by a fine of not less than $100 and shall reimburse all costs incurred by the city in responding to such false alarm or in repairing or replacing such city apparatus. All such response cost shall be deemed to be a fee separate from and additional to the fines prescribed in this article.
Alarm response fees.
The following fee structure pertains to all Fire Department responses to alarms where no fire emergency exists received within each calendar year, January 1 through December 31:
These fees will be billed semiannually, and payment by the owner of the premises protected by the alarm is required within 30 days from the billing date.
No person shall tamper with the city's fire alarm, police signal, tapper circuits or any part of the fire alarm system. No person, except the Fire Chief and his or her assistants and the City Electrician and his or her assistants, shall have a release key to the city's fire alarm boxes. No person, without permission of the owner thereof, shall tamper with any private fire alarm, alarm box or other private fire-protection apparatus, to include fire extinguishers, sprinkler systems or similar devices.
[Added 8-24-1998 by Ord. No. 98-323]
Subject to rules and regulations which may be prescribed by the City Fire Chief, the following described buildings or structures shall be equipped with a key lock box in a location approved by the Fire Chief or his designee:
Commercial or industrial buildings or structures protected by an automatic suppression system and/or automatic fire alarm system, when such buildings or structures are secured in a manner that restricts access during an emergency.
Municipal and governmental buildings or structures equipped with an automatic suppression system and/or automatic fire alarm system.
Multifamily residential buildings or structures having four or more units that have restricted access through locked doors and have a common corridor for access to the living units.
Any other building or structure deemed appropriate as determined by the Fire Chief.
Existing buildings and structures.
All municipal and governmental buildings or structures or commercial or industrial buildings or structures subject to this § 58-11.1 of this article and existing on the date of the enactment of this article shall install and make operational a key lock box system within 12 months of the effective date of this article.
All multifamily residential buildings or structures subject to § 58-11.1 of this article shall install and make operational a key lock box system on a schedule to be prescribed by the Fire Chief.
Upon the change in occupancy classification of any building or structure as determined by the Fire Chief, Fire Prevention Bureau Chief or their designees, and as classified by the N.F.P.A. 101 Life Safety Code in effect at the time of said change, said building or structure shall install and make operational a key lock box system, provided that said building or structure is equipped with a sprinkler or alarm system or a sprinkler or alarm system is installed.
New construction and renovation of existing buildings and structures.
All buildings and structures subject to this § 58-11.1 of this article which are being newly constructed or which are being renovated with interior renovation costs of $50,000 or more shall install and make operational a key lock box system. No newly constructed buildings or structures subject to the requirements of this article shall be issued a certificate of occupancy unless it shall have a key lock box system installed and operational.
Multifamily residential buildings or structures, regardless of the number of units, that have restricted access through a locked door and have a common corridor for access to the living units, which are being newly constructed or which are being renovated with interior renovation costs of $50,000 or more, shall install and make operational a key lock box system. A certificate of occupancy will not issue for such a building or structure unless it shall have a key lock box system installed and operational.
The owner of any building or structure subject to the requirements of this article shall be responsible for the installation and maintenance of a key lock box system and shall, at all times, keep keys in the key lock box that will allow access to the following:
In addition, the owner of any building or structure subject to the requirements of this article shall keep in the key lock box special keys to reset pull stations or other fire protection devices.
Use and type of key lock box system. The Fire Chief may promulgate from time to time rules and regulations which are reasonably required for the installation and operation of a key lock box system. The Fire Chief may promulgate rules and regulations to designate the type of key lock box system.
Exceptions. Any building or structure that has on the premises a twenty-four-hour-a-day, seven-days-a-week security service or personnel who have on their person access keys as required by Subsection D of this article shall be exempt from the requirements of this article.
Penalties. Whoever violates the provisions of this article shall be subject to a fine of $100 for each offense. Each day a violation exists shall be considered a separate offense.
[Added 8-24-1998 by Ord. No. 98-324]
Subject to rules and regulations which may be prescribed by the City Fire Chief, the owner of any commercial, industrial or residential structure which has a wooden truss assembly shall be required to mount warning signs.
Definitions. For the purpose of this section, the following terms, phrases and words shall have the following meanings:
- Any residential structure having four or more units that have restricted access through locked doors and have a common corridor for access to living units.
- PROPERTY OWNER
- Any person, firm or corporation having a legal ownership interest in the property.
- A five-inches (minimum) by four-inches (minimum) piece of aluminum or stainless steel stock plate 1/8 inch thick (minimum) of the preapproved design. Located at the center of the sign is a white 3M diamond grade or equivalent reflective letter "T" which is 2 1/2 inches (minimum) in height.
- WOODEN TRUSS
- A wooden roof or floor structure consisting of a group of triangles arranged in a single plan in such a manner that loads applied at the points of the intersections of the structural members will cause only direct stresses, tension or compression within the structural members. "Wooden truss" may include, but is not limited to, the following constructions: bowstring, warren, sawtooth, k truss, scissors, cambered fink, hammerbeam, pratt, fink and inverted queen posts and floor truss.
Required signage. The owner of any commercial, industrial or multifamily residential structure which has a wooden truss assembly shall be required to mount warning signs meeting the following minimum requirements:
Mounting locations and height from finished grade. A sign shall be mounted directly to the right of each series of entrance doors (front, rear and sides of the building or structure) at a height of five feet up from finished grade. Additional signs may be required by the Fire Chief when the distance between entrance doors or the length of a series of entrance doors would require additional warning signs for visibility by Fire Department personnel. If the property has a knox box on site then a sign shall be located directly above the knox box.
Property owner responsibility. It shall be the responsibility of each property owner to mount, maintain and prevent obstruction of any warning signs required to be mounted on the building or structure.
Penalties. Whoever violates the provisions of this article shall be subject to a fine of not less than $50 nor more than $500. Each day that said violation is permitted to exist shall constitute a separate offense.
Subject to regulations to be prescribed by the City Fire Chief, any owner, lessee or tenant of a building or other structure in the City of Bangor may maintain a private alarm system which may be connected to the city fire alarm system. The City Fire Chief shall prescribe and charge reasonable fees for such connections and may prescribe or limit the types of structures or geographic areas of the city permitted to connect to the city's fire alarm system. Any owner, lessee, tenant or other person maintaining a private alarm system shall keep the same in good repair in accordance with the city's applicable building and fire codes. If a private fire alarm system shall sound a false alarm due to disrepair or other cause within the control of the owner, lessee, tenant or other person responsible therefor, such person shall reimburse all costs incurred by the city in responding to such false alarm. The City Fire Chief shall annually establish a schedule of fees chargeable under this section.
[Added 9-14-1998Ord. No. 98-339]
Whoever violates the provisions of the preceding sections of this article for which punishment is not provided for shall be punished by a fine of not less than $100 for each offense. Each day shall constitute a separate offense.