BURGLAR, FIRE HOLDUP AND AUTOMATIC DIALER ALARM SYSTEMS  ORDINANCE

TOWN OF MIDDLEBURY

ORDINANCE CONCERNING BURGLAR, FIRE HOLDUP

AND AUTOMATIC DIALER ALARM SYSTEMS

PURPOSE:
The purpose of this ordinance is to provide minimum standards and regulations applicable to users and installers of burglar, fire, hold-up.and automatic telephone dialer alarms within the Town of Middlebury, to provide penalties for noncompliance, and to encourage the installation of protective alarm systems in all dwellings and commercial structures.

SCOPE:

This ordinance shall be known and may be cited as an Ordinance Regulating Burglar, Hold-up, and Fire Alarm Systems and Users.

SECTION 1. DEFINITIONS.

For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning giving herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words in the singular number include the plural number. The word shall is always mandatory and not merely directory.
 

• Alarm system means an assembly of equipment and devices (or a single device, such as a solid state unit, which may op te from a 110-volt AC line) arranged to signal the presence of a hazard requiring urgent attention and to which police or fire department personnel are expected to respond. This includes all burglar alarms, fire arms, holdup alarms, and automatic telephone dialer alarms, except this does not include smoke detectors which do not signal outside an alarmed premises or alarm systems on motor vehicles.

• Alarm user means any person, firm or corporation on whose premises any alarm system is maintained within the town.

• Automatic telephone dialing device refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.

• False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his/her employees or agents. Such terminology does not include, for example, alarms caused by · hurricanes, tornadoes, earthquakes or other normally infrequent violent condition or acts of God. Excluded from this chapter are false alarms that are transmitted with a criminal, malicious or mischievous intent. Such violations will be prosecuted under the applicable general statutes of the State of Connecticut.

SECTION 2. INSTALLATION REGISTRATION

•   Any person, firm or corporation installing an alarm system within the town shall register with the Middlebury Police Department at least ten (I0) days prior to anticipated installation. All existing alami systems shall be·registered with the Middlebury Police Department within sixty (60) days of the effective date of this chapter.

SECTION 3. ELECTRICAL PERMIT TO INSTALL

•   No alarm system shall be installed by the other than a licensed person or other person meeting the requirements set forth in the building and electrical ¢odes of the State of Connecticut. No alarm system shall be installed unless an electrical pennit to install an alann system has been obtained from the town building official, or his designated representative, as is required by the building and electrical codes of the State of Connecticut and the Zoning Regulations of the Town of Middlebury.

SECTION 4. EXISTING AUTOMATIC DIALING.ALARMS

•   Alarm users having existing automatic telephone dialing devices shall comply with
  C.G.C. § 7-282b of the General Statutes of the State of Connecticut.

SECTION 5. PROGRA1vfMING AUTOMATIC DIALING ALARMS

•   Automatic telephone dialing devices in existence as of or prior to June 8, 1981, shall be programmed to a special telephone number which is to be designated by the chief of police. An automatic telephone dialing device shall not be programmed to dial 911.          ·

SECTION 6. AUTOMATIC DIALING ALARM TO THE POLICE

No person, firm or corporation shall install an automatic telephone dialing device within the Town of Middlebury terminating at the Middlebury Police Department after the effective date of this ordinance.

SECTION 7. AUDIBLE ALARM RESTRICTION

All alarm systems, as defined in this chapter, which sound an audible signal which may be heard outside of the protected premises, shall be equipped with a device which shall limit the duratiop. of such audible signal to not more than thirty (30) minutes in accordance with.Section 22a-69-5. 1of the Administrative Regulations of the Department of Environmental Protection of the State of Connecticut.

SECTION 8. FALSE ALARM LIMITATION

A maximum of five (5) false alanns per town fiscal year (July 1 to June 30) shall be allowed from any alann system to any person, firm or corporation. Upon receipt of a sixth false alann and for each false alann thereafter during the fiscal year, a user fee shall be assessed by the chief of police in the amount of seventy-five dollars ($75.00). Alarms originating from any building owned or operated by the Town of Middlebury shall be exempt from the user fee requirements.

SECTION 9. ENFORCENT GENERALLY; PERFORMANCE STANDARDS

Enforcement and administration of this ordinance shall be the function of the chief of police, except · that the fire marshal shall have jurisdiction over t:Jie fire alarm systems and shall be accomplished as is provided in either or both of the following two (2) sections.

SECTION 10. PENALTIES

Any person, firm or corporation found to be in violation of the Section 6 shall be fined one-hundred dollars ($100.00).

1. Any person, firm or corporation who shall fail to pay a user fee, which has been assessed as provided insection 8 of this chapter, within thirty (30) days sall be fined one-hundred dollars ($100.00). Each delinquent user fee shall be a separate offense.                                         ·
2. Any person, firm or corporation found to be inviolation of any provision of this chapter shall be fined twenty-five dollars ($25.00).                                                       ·

Inaccordance with General State Statute Section 7-157, this Ordinance shall become effective fifteen (1-5) days after publication of a Legal Notice.

This Ordinance is effective October 24, 1994. Recorded inVolume 8, Page 4.

See Page 93 for Amendment to Ordinance concerning Burglar, Fire Hold-Up and Automatic Dialer Alarm System approved at a Special Town Meeting July 29, 2009 injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

SECTION 19. COMPENSATORY  ACTION.

In lieu of enforcement proceedings, . penalties, and remedies authorized by this Ordinance, the authorized enforcement agency may  impose  upon  a violator  alternative  compensatory  actions,  such as storm drain stenciling,  attendance  at compliance  workshops,  creek  cleanup, etc.

SECTION 20.  VIOLATIONS DEEMED A PUBLIC NUISANCE .

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

SECTION 21. CRIMINAL  PROSECUTION

Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $100.00 dollars per violation per day and/or imprisonment for a period of time not to exceed 30 days.

The authorized enforcement agency may recover all attorneys' fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.

SECTION 22.  REMEDIES NOT EXCLUSIVE

The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is  within  the  discretion  of  the  authorized  enforcement agency to  seek cumulative remedies.                                                                ·

SECTION 23. ADOPTION OF ORDINANCE

Effective Date:   August 16, 2007

Adopted at the July 24, 2007 Town Meeting I See Vol. 8, Pg. 183 of the Town of Middlebury Town Records Book.

AMENDMEN T TO ORDINANCE CONCERNING BURGLAR, FIRE HOLD-UP AND AUTOMATIC DIALER ALARM SYSTEMS