Chapter 8.20
FALSE ALARMS
Sections:
8.20.030 Emergency response card required.
8.20.010 Intent of chapter.
It is the intent of this chapter to reduce the number of false alarms occurring within the town and the resultant waste of town resources by providing for corrective administrative action, including fees and potential disconnection and criminal penalties. (Ord. 2004-01, 2004).
8.20.020 Definitions.
In this chapter, unless a different meaning plainly is required:
A. “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.
B. “False alarm” includes the activation of a burglary or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery on the premises and at a time when no robbery, burglary or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises, or the activation of a fire alarm other than when an actual fire has occurred or is imminent. (Ord. 2004-01, 2004).
8.20.030 Emergency response card required.
It is unlawful to have or maintain on any premises a burglary, robbery, or fire alarm unless there is on file with the police department an emergency response card containing the name or names and current telephone number or numbers of person(s) authorized to enter such premises and turn off any alarm. Any alarm audible upon abutting property for a period in excess of 10 minutes is declared to be a public nuisance and may be summarily abated by the police department. (Ord. 2004-01, 2004).
8.20.040 Fees.
For police response to any false alarm, the town shall charge and collect from the person having or maintaining such alarm on premises owned or occupied by the person fees as follows:
A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged. Upon first response, notice of conditions and requirements of this chapter shall be given to the owner or occupant of the premises on which the false alarm occurred and upon which the alarm is located.
B. For a second response to premises within six months after the first response, a fee of $25.00 shall be charged. The person having or maintaining such alarm shall, within five working days after notice to do so, make a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police may reasonably require to determine the cause of such false alarm, any mitigating circumstances and corrective action necessary. The chief of police may direct the person having or maintaining such alarm to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on said premises.
C. For a third response to premises within six months after a second response, a fee of $50.00 shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.
D. For a fourth response to premises within six months after the third response, and for all succeeding responses within six months of the last response, a fee of $100.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section. (Ord. 2004-01, 2004).
8.20.050 Notice – Appeal.
Notice of imposition of any administrative sanction, including the imposition of a fee or order of disconnection, under the provisions of this chapter shall be given to the person having or maintaining an alarm on premises owned or occupied by him or her; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises.
Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this chapter shall have a right of appeal therefrom to the town council. Unless notice of appeal is filed with the town clerk within 10 days of receipt of notice of imposition of an administrative sanction, said sanction is deemed to be final. (Ord. 2004-01, 2004).