The purpose of this chapter is as follows:
A. To require a minimum standard of quality for all burglary,
robbery and panic alarms in the Town of Elsmere that have been or
will be installed in any structure or on any premises.
B. To promote a quick and safe responses to the need
for police service while discouraging the misuse of the limited resources
of the Elsmere Public Safety Department, thereby reducing a potentially
unnecessary emergency response to false burglary, robbery and panic
alarms.
C. To promote a uniform standard of responsibility for
alarm vendors, alarm owners and all operators of alarm systems in
any structure or on any premises installed to prevent or detect entries
that could result in a burglary, robbery or other crime.
D. To regulate burglary, robbery and panic alarms and
require the necessary permits for the operation of such units while
establishing a user's fee for those owners or operators of such systems
who's system repeatedly emit false alarms.
The following words terms and phrases shall
have the following meanings to them for the purpose of interpreting,
administrating and enforcing this chapter:
ALARM PERMIT
A certificate issued by the Elsmere Public Safety Department,
which bears the signature of the Chief of Police and provides the
expiration date of the permit.
ALARM SYSTEM
Any assembly of equipment, mechanically or electronically
arranged to signal the occurrence of an attempted or illegal entry,
robbery or other activity on or within a building or improvement requiring
urgent attention to which the police are normally expected to respond.
ALARM USER
Any person, firm, partnership, association, corporation,
company or organization of any kind which is in control of any building,
structure or facility wherein an alarm system is installed, maintained
or operated. In cases where the actual location in which the alarm
is installed, maintained or operated is rented, leased or under some
other arrangement not occupied or used by the owner, the actual lessee,
renter or person(s) occupying the location shall be known as the "alarm
user."
ALARM VENDOR
Any individual, partnership, corporation or other entity
that, sells, leases, maintains, services, repairs, alters, replaces,
moves or installs any alarm system.
ANSWERING SERVICE
A telephone answering service providing among its services
the receiving on a continuous basis, through trained employees, emergency
signals from alarm systems that are thereafter relayed by live voice
to the ECC.
AUTOMATIC DIALING DEVICE
A device which is interconnected to a telephone line and
programmed to select a predetermined telephone number and transmit
by voice message or code signal an emergency message indicating a
need for an emergency response.
CENTRAL STATION SYSTEM
A system, or group of systems, operated for customers by
a firm, corporation or other entity in which the operations of electrical
protection circuits and devices are transmitted to, recorded in, maintained
or supervised from a central station having trained operators or guards
in attendance at all times who have the duty to take appropriate action
upon receipt of a signal or message, including the relay of messages
by direct line to the ECC.
COORDINATOR
The individual designated by the Chief of Police to issue
permits and to administer the provisions of this chapter.
DELAWARE ALARM ASSOCIATION
The incorporated association representing the alarm and security
companies doing business in the State of Delaware.
DIRECT LINE
A telephone line leading directly from a central station
system or answering service to the ECC that is for use only to report
emergency signals on a person to person basis.
ECC
The Emergency Communications Center that is currently being
utilized by the Elsmere Public Safety Department, which is used to
receive emergency and general informational calls from the public
which are to be relayed to the on duty officers of the Elsmere Public
Safety Department.
EMERGENCY NOTIFICATION INFORMATION
The card sticker or other items that are supplied to anyone
with an alarm by the Elsmere Public Safety Department, so that it
may be displayed in such a manner that makes it visible from outside
of the location that is alarmed and which contains the name and telephone
number of a person who will respond if an alarm is activated at that
particular location.
FALSE ALARM
The activation of an alarm system resulting in a police response
caused by a mechanical failure, mechanical malfunction, improper maintenance
or faulty installation, regardless of whether the alarm user is at
fault; or the negligent or intentional activation of the sensors of
an alarm system by act or omission of the alarm user, a person residing
on or visiting the alarm user's premises or an employee of the alarm
user, including but not limited to opening doors or windows protected
by sensors, walking through or walking on areas protected by sensors,
or by failing to prevent the activation of sensors by animals, displays,
mechanical devices or other objects which the alarm user, a person
residing on or visiting the alarm user's premises, or an employee
of the alarm user has or reasonably should have control over.
A.
An alarm is not false if the alarm is activated
by conditions that were not reasonably subject to the control of the
alarm user, such as severe weather conditions, or under circumstances
that would have caused a careful and prudent person to believe that
criminal activity or an emergency was in progress at the premises.
B.
It shall be presumed that the alarm was false
if the police officer responding to an alarm activation finds no evidence
of criminal activity or an emergency at the premises.
INTERCONNECT
To connect an alarm system, including an automatic dialing
device, to a telephone line, directly or through a mechanical device
that utilizes a telephone, for the purpose of using the telephone
line to transmit a message upon the activation of an alarm system.
PERMIT YEAR
From January 1 to December 31 of the same calendar year,
beginning January 1 of 1995.
PRIMARY TRUNK LINES
A telephone line serving the ECC that is designed to receive
emergency calls.
TOWN
The Town of Elsmere, Delaware.
Whenever a business or residence is comprised
of more than one structure which is not connected and when each independent
structure has installed in it an alarm system which is designed to
detect an emergency in that structure only, each alarm activation
occurring in such an unattached structure shall be considered as a
separate premises.
Any police officer responding to an activated
alarm system shall inspect the area protected by the alarm system
and shall determine whether the emergency response was in fact required
as indicated by the alarm system. If the police officer determines
the alarm activation was false, the officer shall note on the report
the false alarm. A copy of all false alarms shall be forwarded to
the coordinator.
Any alarm user shall be entitled to an appeal
pursuant to this section, so long as the alarm user follows the following
procedure:
A. The alarm user shall serve written notice upon the
Chief within 15 days of the date of the notice to revoke, or the notice
that a user fee is being imposed upon the alarm user, that the user
requests to appeal the revocation or assessment of a user's fee.
B. At the time that the written notice of appeal is served
upon the Chief, the alarm user shall also provide the Chief with a
filing fee of $100.
C. The one-hundred-dollar filing fee shall be refunded
to the alarm user if the false alarm giving rise to the user fee assessment
or the revocation is determined to have been genuine or beyond the
control of the alarm user or his representative, by the Hearing Board.
D. If the Hearing Board renders any decision other than the one listed in Subsection
C of this section, the one-hundred-dollar filing fee shall be paid to the Department of Public Safety.
Any alarm vendor, user or person owing an outstanding
user fee, who is subject to a revocation order, or who is otherwise
in violation of the provisions of this chapter, shall not be issued
any new permits until the user fees are paid and the alarm user complies
with all of the provisions of this chapter.
Any alarm vendor or person subject to the provisions
of this chapter that has an appeal outstanding at the beginning of
a permit year shall be granted a temporary permit, which shall be
valid for a period of 30 days.
Applications for alarm permits shall be made
on forms provided by the Elsmere Public Safety Department. Each application
shall be signed by the legal owner of the structure or premises, or
the legal owner's authorized agent. The application shall state the
alarm user's name, and the address and telephone number of the alarm
user's property to be serviced by the alarm. Any nonresidential alarm
user shall also include the name of an individual employed by the
applicant or his agent, who will represent the business or entity
as its agent to receive any notice issued in accordance with this
chapter. If the alarm user's alarm is serviced by an alarm company,
the alarm user shall also include the name address and telephone number
of that company. Every alarm user shall also provide the name, address
and telephone number of at least one person who can be notified of
an alarm activation and can respond to assist the police in the inspection
of the property. The alarm user shall ensure that the information
concerning this person is valid and that that person or their designee
is available to respond at all times.