[HISTORY: Adopted New Canaan Town Council
11-12-86, effective 1-1-87. Amendments noted where applicable.}
It is determined that the number of false alarms
being made to the Police and Fire Department 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 ordinance will reduce the number of false alarms
and promote the responsible use of alarm devices in New Canaan.
For the purpose of this ordinance, the following
definitions shall apply:
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 § 4A-5 shall be deemed the "alarm user."
A telephone device or attachment that mechanically or electronically
selects a telephone line to police, fire or EMS headquarters and reproduces
a prerecorded voice message to report a criminal set, fire or other
emergency calling for Police or Fire Department or EMS response. Excluded
from this definition are devices which relay a digital-coded signal
to police or fire headquarters.
An office to which remote alarm devices transmit signals
where operators monitor those signals and relay information to the
Police and Fire Departments or EMS.
Any person, firm or corporation in the business of supplying
and installing alarm devices or servicing the same.
Emergency medical services.
Any automatic activation of an alarm device to which the
Police or Fire Department or EMS respond and which is not caused by
a criminal act, fire, smoke or other emergency and which is not the
result of a verified malfunction of telephone equipment, power failure,
lightning strike or a generally recognized cataclysmic event.
[Amended 2-6-1991, effective 2-22-1991]
A.
There shall be in the town an administrator for alarm
devices, who shall have the powers and duties granted to him under
this ordinance.
B.
The Director of Finance or his/her designee shall
be the administrator under the direction and control of the Board
of Selectmen, which is authorized to adopt regulations for the administration
of this ordinance.
[Amended 7-12-89, effective 7-28-89]
In accordance with Section 7-148 of the Connecticut
General Statutes, the First Selectman shall appoint one or more Citation
Hearing Officers, other than police officers or employees or persons
who issue citations, to conduct hearings authorized by this ordinance.
A.
Each alarm user shall register his alarm device or
devices with the administrator prior to use.
B.
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 name of the central station monitoring the alarm, 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.
C.
It shall be the responsibility of each alarm user
to notify the administrator of changes in registration information.
A.
Each central station which plans to transmit signals
to the Police or Fire Departments or EMS must register with the administrator
before doing so.
B.
Central station registration shall be accomplished
by filling out a form provided by the administrator, to include such
information as the administrator may require concerning the identity
of the applicant, the type of its business organization (individual
proprietorship, partnership, corporation), the principal place of
business of the entity and the location of the office monitoring alarms.
The administrator shall issue the central station a written acknowledgment
of proper registration.
C.
It shall be the responsibility of each central station
to notify the administrator of changes in the registration information,
but such notification need not be given more frequently than once
a month.
No automatic dial alarm may be installed after
January 1, 1987. No automatic alarm device in use on such date may
remain in use after July 1, 1987.
A.
After the publication of this ordinance, the administrator will not permit the registration of an alarm device which transmits a digital-coded signal to either the Police Department or the Fire Department unless the alarm user has received special authorization in accordance with § 4A-9B.
B.
A commercial establishment or a not-for-profit institution
may have a direct line to the Police Department or Fire Department,
provided that:
(1)
The connection is by a high-grade, dedicated line
meeting specifications that may be established by the Departments
concerned.
(2)
The Police Chief or Fire Chief determines that the
level of risk and exposure justifies a direct line.
(3)
The Police Chief or Fire Chief has notified the administrator
of his approval of such a direct line.
C.
After July 1, 1987, signals that result from the activation of an alarm device for which a direct connection has not been authorized in accordance with § 4A-9B must be transmitted to a central station, which, after such verification as is practicable, will transmit the alarm to the Police Department, Fire Department or EMS.
From and after July 1, 1987, unless required
by law or regulation, no alarm device which produces an exterior audible
signal shall be installed or maintained unless its operation is automatically
restricted to a maximum of 15 minutes.
A.
The Police Department, Fire Department and EMS 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 keyholder whenever the
central station reports an alarm activation to the Police Department,
Fire Department or EMS.
[Amended 7-12-1989, effective 7-28-1989; 2-6-1991, effective 2-22-1991]
A.
Whenever the administrator determines that a false
alarm has occurred, the administrator shall mail a written warning
as required by Connecticut General Statutes § 7-148(10)
to the alarm user stating that the administrator has made such determination
and that a charge will be imposed for the second and each subsequent
false alarm within the same fiscal year of the town in the amount
of $100 for a Police Department or EMS response and $200 in the case
of a Fire Department response.
[Amended 7-8-1998, effective 7-24-1998]
B.
Upon determining that two or more false alarms have
occurred within the same fiscal year of the town with respect to the
same alarm user, the administrator shall send a citation in accordance
with Connecticut General Statutes § 7-152c to such alarm
user, including a notice of the following:
(1)
The allegation against such alarm user and any charges
imposed.
(2)
His right to contest his liability before a Citation
Hearing Officer if he submits a written request for hearing within
10 days of receipt of notice from the municipality.
(3)
An assessment and judgment entering without further
notice, if the alarm user does not make written request for a hearing.
C.
Any person who requests a hearing shall be given written
notice of the date, time and place for the hearing. Such hearing shall
be held in accordance with the provisions of Section 7-152c of the
Connecticut General Statutes. The Citation Hearing Officer, if he
determines that the person requesting the hearing is liable for the
violation of this ordinance, shall enter and assess the fines, penalties
and costs.
[Amended 7-12-1989, effective 7-28-1989; 2-6-1991, effective 2-22-1991]
A.
If activations of any alarm device have resulted in
five false alarms within a single fiscal year of the town, the administrator
shall, when notifying the alarm user of this fifth false alarm and
the charge therefor, request that the alarm user arrange to have the
alarm device inspected by a contractor, that the alarm device be adjusted
or repaired, if necessary, and that the alarm user submit a certification,
in writing, from the contractor that he has inspected the alarm device
and that it is in proper working order. Such notification by the administrator
shall be sent by certified or registered mail, return receipt requested.
B.
Such certification must be submitted within 15 days
from the date of the return receipt for the administrator's letter.
However, if the alarm user requests an extension of time to file the
report because of absence from the town or other satisfactory reason,
the administrator shall extend for a reasonable time the date for
filing.
C.
If the certification is not received within the fifteen-day
period or permitted extension thereof, the administrator shall notify
the alarm user that:
(1)
The registration of the alarm device is suspended.
(2)
Thereafter, the alarm device shall be deemed unregistered
and, unless disconnected, subject to the penalties therefor.
(3)
The alarm user has the right to contest the suspension
before a Citation Hearing Officer if he submits a written request
within 10 days of receipt of notice from the municipality. The suspension
shall be lifted and the alarm user so notified when a satisfactory
certification has been received by the administrator.
D.
Any person who requests a hearing shall be given written
notice of the date, time and place for the hearing. Such hearing shall
be held in accordance with the provisions of Section 7-152c of the
Connecticut General Statutes.
[Amended 7-12-89, effective 7-28-89]
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.
All information in the possession of the administrator,
the Citation Hearing Officers, Police Department, Fire Department
or EMS concerning particular alarm users and particular alarm devices
shall not be divulged without the written consent of the alarm user
or users concerned, except information as to the occurrence of false
alarms. This provision shall not be construed to limit access to information
as provided by law.
The administrator, Police Department, Fire Department
and EMS 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.
Notwithstanding the provisions of this ordinance,
the town and 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 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.
Any person who performs or causes to be performed
any of the following acts shall be subject to a penalty not to exceed
$100 for each such act:
Charges for false alarms, appeal fees and penalties
for violations shall be collected by the administrator and placed
in the general fund.
[Amended 2-6-1991, effective 2-22-1991]
The provisions of this chapter are designated
for enforcement in accordance with Section 7-148 and Section 7-152c
of the Connecticut General Statutes, and the town may institute civil
proceedings to enforce the provisions herein contained.
The provisions of this ordinance 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.
The invalidity of any part or parts of this
ordinance shall not affect the validity of the remaining parts.
This ordinance shall take effect January 1,
1987.
