[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury 6-13-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 18.
[1]
Editor's Note: This ordinance also repealed former Ch. 61, Alarm
Systems, adopted 9-24-1990.
The purpose of this chapter is to provide minimum standards and regulations
applicable to alarm systems and alarm system owners/users, as defined in this
chapter. The responsible usage of alarm systems is the primary goal of this
chapter, and the Town of Simsbury mandates that the following chapter be complied
with in order to enhance the safety of the residents of Simsbury as well as
the safety of Simsbury police officers, firefighters and volunteer ambulance
personnel responding to alarms.
As used in this chapter, the following terms shall have the meanings
indicated:
Any business operated for a profit which engages in the activity
of installing, leasing, maintaining, servicing, monitoring, receiving or responding
to alarm systems, including burglar, holdup, panic, fire or medical alert
alarm systems, or which causes any of these activities to take place.
Any assemblage of equipment and devices (or a single device, such
as a solid-state unit, that plugs directly into a one-hundred-ten-volt AC
line) arranged to signal the presence of a hazard requiring urgent attention
of the Police Department, the Fire Department or the Volunteer Ambulance Service.
A person who buys and/or leases or otherwise obtains an alarm system
and thereafter installs it or has it installed and contracts with an alarm
business to monitor and/or service the alarm system. The term "alarm system
owner/user" shall also mean a person who has control of premises in which
an operable alarm system is installed.
The activation of an alarm system through the mechanical failure,
improper monitoring, malfunction, improper installation or negligence of the
alarm system owner/user or his employees, agents or family. "False alarms"
do not include activations of alarm systems caused by fire, criminal act or
other emergency; an act of nature, such as an earthquake, tornado or hurricane;
circumstances which are not within the control of the alarm system owner/user;
or failure of telephone company equipment used for the transmitting of alarms
from premises or property to a monitoring location.
Any heat-activated, smoke-activated, flame-activated or other such
automatic device capable of transmitting a fire alarm signal to a central
station operating company. All fire alarms shall be installed, tested, and
maintained in accordance with the Connecticut State Fire Code and applicable
building codes.
The Volunteer Fire Department of the Town of Simsbury.
The Fire District of the Town of Simsbury.
The person appointed as Fire Marshal by the President of the Simsbury
Fire District, or such person's designee.
Any alarm system which transmits an alarm signal to a central station
operating company indicating a burglary, robbery or other intrusion into a
building or which emits or causes to be emitted an audible alarm signal.
Any alarm system which transmits an alarm signal to a central station
operating company indicating that a person is in need of medical assistance.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The Chief of the Police Department of the Town of Simsbury, Connecticut,
or his designee.
The Police Commission of the Town of Simsbury or its designee(s).
The Police Department of the Town of Simsbury, Connecticut, or any
authorized agent thereof.
A signaling device that dials a predetermined number when the alarm
system signals an intrusion or attempted intrusion and audibly reports such
an intrusion or attempted intrusion from a recorded message at the premises.
The Town of Simsbury, Connecticut.
A.
The Police Commission may promulgate rules and regulations
to implement this chapter. Said regulations shall be consistent with the terms
of this chapter.
B.
The Fire Marshal may promulgate rules and regulations
to implement the portions of this chapter relating to fire alarms. Said regulations
relating to fire alarms shall be consistent with the terms of this chapter
and with any regulations adopted by the Police Commission to implement this
chapter.
A.
The town is hereby authorized to issue a permit to any person who is the owner, lessee or occupant of premises or property located in the town to install, operate, maintain or modify an alarm system, and no such system shall be installed, operated, maintained or modified unless such permit shall have first been issued. The form and content of information required on the permit application shall be as determined by the Police Commission in rules and regulations promulgated under § 61-3A. The town shall charge a fee of $10 for the issuance of any such permit.
B.
No permit shall be issued to operate, maintain, install
or modify a fire alarm system unless a locked key vault system designed to
provide rapid entry into an unattended, secured building without damage has
been installed on the premises for which the permit is issued.
C.
Except as otherwise provided by law, a permit issued
under this chapter may be revoked by the Police Commission upon the recommendation
of the Chief of Police, or, in the case of a fire alarm system, upon the recommendation
of the Fire Marshal, and the giving of 10 days notice, in writing, by certified
mail to the permit holder, sent to the address shown on the permit.
D.
The Police Commission may impose a penalty of $25 upon
any person who operates an alarm system for which a permit has not been issued
for each day of continued noncompliance with this section.
E.
The owner/user of an alarm system shall be responsible
for informing the Police Department of any material change in the information
provided in the alarm permit application within 10 days of such change. The
Police Commission may impose a penalty upon an alarm system owner/user in
the amount of $25 for each day of continued noncompliance with this section.
F.
If at the passage of this chapter an alarm system has
already been installed and is being operated on premises or property located
within the town, the alarm system owner/user shall comply with the requirements
of this section within 15 days after the Simsbury Police Department has notified
the alarm system owner/user of the requirements of this section. The Police
Commission may impose a penalty upon an alarm system owner/user in the amount
of $25 for each day of continued noncompliance with this section once the
fifteen-day notification requirement has been met.
A.
With the exception of town or fire district facilities,
no alarm system shall transmit an alarm directly to the Police Department
or Fire Department.
B.
Within 15 days after receipt of notice that an alarm
system may not transmit directly to the Police Department and an order to
disconnect such system, the alarm system owner/user shall disconnect such
alarm system. Failure to do so within this fifteen-day period shall subject
the alarm system owner/user to a penalty of $50 for each continued day of
noncompliance.
A.
Each alarm system owner/user is required to maintain
all components of his alarm system in good working order at all times to ensure
that the sensory mechanism used in connection with such system is adjusted
to suppress false indications, so that the alarm system will not be activated
by impulses due to forces unrelated to genuine alarms. In the case of fire
alarm systems, maintenance and testing shall be conducted in conformity with
the State Fire Safety Code, as the same may be amended from time to time.
B.
When an alarm business's service to its subscribers
is disrupted by the alarm business for any reason, or the alarm business becomes
aware of a disruption, the alarm business shall promptly notify its subscribers
by telephone that protection has been disrupted. If, however, the subscriber
has instructed the alarm business, in writing, not to make such notification
by telephone during business hours, the alarm business may comply with such
instructions. When installation of required fire alarm systems is interrupted
for repairs or other necessary reasons, the owner, tenant or lessee shall
promptly notify the Fire Department.
A.
The Police Department shall administer and enforce this
chapter and any rules and regulations promulgated thereunder. Violation of
any provision of this chapter shall constitute grounds for the revocation
of a permit issued under this section.
B.
In addition to any other penalty set out in this chapter,
the Police Commission may by regulation prescribe penalties not to exceed
$90 for specific violations of this chapter, if no penalty for such a violation
is specifically prescribed by this chapter.
C.
The Police Department, or such agency as may be designated
by the Board of Selectmen, shall be responsible for the billing of penalties
and false alarm charges to alarm system owners/users who have violated the
provisions of this chapter. The town, or such agency as may be designated
by the Board of Selectmen, shall be responsible for the receipt and collection
of all such penalties and charges.
D.
Notification of false alarms. If the Police Department or Fire Department responds to a false alarm as defined in § 61-2 of this chapter, the Police Department shall leave at the premises of the alarm system owner/user a notice of such response and a copy of the provisions of the ordinance dealing with false alarms.
E.
False alarms.
(1)
No more than three false alarms from any one alarm system
per calendar year shall be permitted.
(3)
The above charges for false alarms shall be paid to the
town or such agency as may be designated by the Board of Selectmen. Failure
to pay any such charges shall subject an alarm system owner/user to the penalty
provisions of this chapter.
(4)
False alarm charges which remain unpaid for a period
of more than 30 days after billing shall be doubled.
F.
Hearing on penalties or revocation of alarm permit; reconsideration
of false alarm determination; appeal of false alarm charges.
(1)
Upon written request filed with the Police Commission
within 15 days of the receipt of a notice of penalty or revocation of an alarm
permit, the alarm system owner/user may request a hearing before the Police
Commission to determine if there are sufficient grounds to sustain any penalty(s)
or revocation as provided for in this chapter. If such a request is filed
on a timely basis, the penalty(s) or revocation of the permit will not take
effect until such hearing shall have been held.
(2)
Within 15 days of the notification of a false alarm, an alarm system owner/user may request reconsideration of the false alarm determination by filing a written request with the Police Commission containing information to show why the alarm indication was not false. Within 15 days of the receipt of such a request, the Police Commission or its designee shall make a decision to reconsider or to reaffirm the false alarm determination. Prior to taking an appeal under § 61-7F(3) below, an alarm system owner/user must request reconsideration of a false alarm determination as provided in this section.
(3)
Within 15 days of the notification from the Police Commission
or its designee reaffirming a false alarm determination, an alarm system owner/user
may file a written request for appeal of the false alarm charges with the
Police Commission. The Police Commission shall hold a hearing at which the
alarm system owner/user, the Police Chief or his designee and/or the Fire
Marshal or his designee shall be heard. Within 10 days of such hearing, the
Police Commission shall issue a decision affirming, annulling or modifying
the false alarm determination and/or any charges stemming therefrom and shall
send a copy of such decision to the alarm system owner/user by certified mail.
(4)
The Police Commission may designate the Police Chief
or one or more of his subordinates to perform its duties under this section
except with regard to hearings held pursuant to this section.
A.
The alarm system owner/user of every intrusion alarm
system emitting an audible signal shall, at the time of installation or within
six months of the effective date of this chapter, install or cause to be installed
an automatic timing device which shall deactivate such alarm so that it will
not emit an audible signal for more than 30 minutes.
A violation of any provision of this chapter shall be an infraction
as provided for in Connecticut General Statutes Sections 51-164m and 51-164n.
Pursuant to Connecticut General Statutes Section 51-164p, any violation of
any provision of this chapter shall be punishable by a fine of not more than
$90 for each offense.
A.
Funds from charges or penalties arising out of or as
a result of the use of fire alarm systems shall be payable to the Simsbury
Fire District for deposit in the Fire District General Fund.
B.
All other funds from penalties or charges imposed pursuant
to the provisions of this chapter shall be payable to the Town of Simsbury
and shall be deposited in the Town General Fund.
Neither the Town of Simsbury nor any fire district within the the town
shall be liable for any defects in operation of any alarm system, for any
failure or neglect to respond appropriately upon receipt of an alarm from
such a source or for any failure or neglect of any person in connection with
the installation, operation, disconnection or removal of equipment, the transmission
of alarm signals or the relaying of such signals or messages.
If any section, clause, provision or portion of this chapter shall be
held to be invalid or unconstitutional by any court of competent jurisdiction,
such holding shall not affect or impair any other section, clause, provision
or portion of this chapter.
This chapter shall take effect July 14, 1994.
