Proposed Changes for Feb. 2010 Public Hearing:
ARTICLE II. ALARM SYSTEMS*
*State law references: Transmittal of false alarms, G.S. § 7-148(c)(7)(H)(14).
Sec. 34-31. Purpose.
The purpose of this article is to reduce needless alarms to which the division of police responds as a result of the activation of burglar, holdup, panic and fire alarms that automatically summon the division of police either via a central station, the division of police or automatic dialers.
Sec. 34-32. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm system means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which the division of police is expected to respond. In this article, the term "alarm system" shall include but not be limited to the terms "automatic holdup alarm systems," "burglar alarm systems," "holdup alarm systems," "manual holdup alarm systems," "audible alarm systems" and "fire alarm systems." "Alarm systems" which monitor temperature, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or any attempted robbery or a fire or smoke condition at a premises are specifically excluded from the provision of this article, as are alternative "alarm systems" designed to notify of medical emergencies.
False alarm means the activation of any alarm system to which the division of police responds which is not caused by:
(1) Fire, a criminal act or other emergency.
(2) An act of nature, such as an earthquake, tornado or hurricane.
(3) Circumstances occurring off the protected property and within the control of either the subscriber, his alarm business or his answering service.
(4) A person motivated solely by criminal, malicious or mischievous intent.
Protected Property means any property which is monitored by, protected by or maintains an Alarm System as defined above.
Subscriber means a person who buys and/or leases or otherwise obtains an alarm system and thereafter installs it or has it installed. The term "subscriber" shall also mean a person who has control of premises in which an operable alarm system exists, with the ultimate responsibility for the alarm system being with the property owner.
Sec. 34-33. Registration; Notifications; Imposition of Penalties.
(a) Existing alarm systems must, within ninety (90) days of the adoption of Ordinance ___ be registered with the Town of Enfield. Alarm registration forms will be provided by the Town.
(b) After the ninety (90) day registration period, any non-registered, protected properties shall be immediately subject to the penalties set forth below.
(c) For new alarms installed after the adoption of Ordinance ___ , the protected property must, in addition to obtaining any building, electrical or other permits, register with the Enfield Police Department.
(d) Such registration shall be renewed on an annual basis by September 1st of each year, commencing on September 1, 2010. The alarm user shall pay an initial registration fee of fifteen ($15.00) dollars, and a yearly renewal fee of ten ($10.00) dollars. If during the preceeding twelve (12) months of registration, an alarm user has no false alarms, the alarm user shall have the ten dollar ($10.00) fee waived for the following year.
(e) A registered protected property is allowed three (3) false alarms to which police are expected to respond in any one (1) calendar year.
(f) Upon a police response to a false alarm at a Protected Property, a notice of such response shall be left at the property or mailed to the property owner as shown on the Assessor’s records of the Town of Enfield, noting the date and time of the response and that a false alarm was noted. Said notice shall also include a notification of the penalties that may be imposed as set forth below.
(g) The town will charge the subscriber of an alarm system a penalty of $90.00 for each emergency police response to a false alarm after the first three (3) false alarms for a registered protected property, and after the first false alarm for any unregistered protected property. .
(h) The provisions of this ordinance shall not apply to alarms owned or used by the Town of Enfield or its agencies, including the Board of Education, the State of Connecticut or the United States of America.
Sec. 34-34. Right to appeal.
Any person issued a citation pursuant to this section shall be entitled to a hearing to contest the citation pursuant to the provisions of G.S. § 7-152c. The Town Manager shall appoint a hearing officer. The hearing officer shall not be a police officer or any other town employee.
Sec. 34-35. Payment of fines.
(a) All fines payable under this article will be made to the tax collector and, unless appealed pursuant to section 34-34, will be due and payable within 30 days of the day of the issuance of the citation, subject to the abatement and waiver provisions as set forth in section 34-33. If a registrant or property owners fails to pay any fine within thirty (30) days of when it is due, the levied fine shall be increased by $100.00.
(b) Continued failure to pay the fine may result in an Infraction (State/Court ticket) being issued to the registrant or property owner for failure to comply with a Town ordinance.
(b) Any subscriber with outstanding fines that have not been paid when due shall be deemed to be ineligible to perform services for or provide goods or materials to the town and shall not be permitted to register the property as set forth above until all fines are paid.
Sec. 34-36. Administration and enforcement.
The chief of police will enforce and administer this article and any rules and regulations promulgated. The chief of police shall also report to the town council on an annual basis.
Sec. 34-37. Violation of article.
A violation of this article shall be an infraction pursuant to G.S. § 51-164p.