[HISTORY: Adopted by the Mayor and Council of the Town of
Middletown 5-2-2016 by Ord. No.
16-03-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
93, Alarms, adopted 12-7-2009.
A.Â
The purpose of this chapter is to provide for citizen safety by reducing
potential and unnecessary emergency responses to residential and commercial
alarms.
B.Â
The purpose of this chapter is to protect the emergency systems of
the Town from misuse.
C.Â
This chapter governs burglary and robbery alarm systems, requires
registration, establishes fees and penalties, provides for allocations
of revenues, provides for punishment of violations and establishes
a system of administration.
D.Â
This chapter does not govern fire alarms.
As used in this chapter, the following terms shall have the
meanings indicated:
Any electric, electronic, audible or silent alarm system
that provides notification to the Middletown Police Department that
emergency response is required from the Middletown Police Department.
This definition includes robbery, duress, panic, hold-up and silent
alarms but is not limited to those types listed here.
A person or persons designated by the Chief of the Middletown
Police Department to administer, control and review false alarm reduction
efforts and administer the provisions of this chapter.
A person or entity in the business of selling, providing,
maintaining, servicing, repairing, altering, replacing, moving or
installing an alarm system at an alarm site.
Authorization granted by the alarm administrator to an alarm
user to operate an alarm system.
A single fixed premises or location served by an alarm system
or systems. Each unit, if served by a separate alarm system, in a
multi-unit building or complex shall be considered a separate alarm
site.
A device or series of devices, including, but not limited
to, hard-wired systems and systems interconnected with a radio frequency
method such as cellular or private radio signals which emit or transmit
a remote or local audible, visual or electronic signal indicating
an alarm condition and intended to summon the Middletown Police Department,
including local alarm systems. "Alarm system" does not include an
alarm installed in a vehicle or on someone's person unless the
vehicle or the personal alarm is permanently located at a site.
Any person or entity, who or which has contracted for monitoring,
repair, installation or maintenance service from an alarm installation
company or monitoring company for an alarm system, or who or which
owns or operates an alarm system which is not monitored, maintained
or repaired under contract.
A device that allows control of an alarm system.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication to the Middletown
Police Department, a public safety or emergency services requesting
dispatch.
The process whereby response is terminated when a monitoring
company (designated by the alarm user) for the alarm site notifies
the Middletown Police Department that there is not an existing situation
at the alarm site requiring a Middletown Police Department response
after an alarm dispatch request.
An alarm dispatch request to the Middletown Police Department
when no emergency or actual, perceived or threatened criminal activity
requiring immediate response exists. This definition includes, but
is not limited to, signals activated by negligence, accident, mechanical
failure and electrical failure; signals activated intentionally in
nonemergency situations; and signals for which the actual cause of
activation is unknown. Exceptions may include the following:
An individual activated the alarm based upon a reasonable belief
that an emergency or actual threatened criminal activity requiring
immediate response existed;
The alarm system was activated by lightning or an electrical
surge that caused physical damage to the system or if the alarm user
experienced a power outage lasting four hours or greater causing the
alarm to activate upon restoration of power as evidenced by documentation
provided by the Town of Middletown's energy supplier;
There is evidence that the false alarm was caused by an act
of God (i.e., hurricanes, tornados, floods, earthquakes);
There is evidence that the false alarm was caused by an act
of the telephone company;
There is evidence that the dispatch request was not a false
alarm.
A twelve-month period starting July 1 and ending June 30.
This chapter takes effect on July 1, 2016.
Multiple alarms within one twenty-four-hour period will be
considered one occurrence.
The number of false alarm requests the Middletown Police
Department responds to during a calendar year.
Thirty minutes from the time the officer arrives at the activated
alarm and the responder arrives.
An individual capable of reaching the alarm site within 30
minutes and having access to the alarm site, the code to the alarm
system and the authority to approve repairs to the alarm system.
The designated responder is not able to arrive at the alarm
site within 30 minutes of notification, requiring the Middletown Police
Department to remain at the site until the responder arrives.
Occurs when Middletown Police Department personnel are requested
to respond to an alarm site that has not registered the alarm system
with the Middletown Police Department.
A.Â
Alarm users are required to register all alarm systems with the Middletown
Police Department within 30 days of installation or taking possession
of an existing alarm system.
B.Â
Alarm users are required to maintain alarm systems in a manner as
to minimize the number of incidents of false alarms to the Middletown
Police Department.
C.Â
If a new alarm user takes over an existing alarm system, it is the
new user's responsibility to register the alarm system with the
Middletown Police Department.
D.Â
Alarm users must be able to respond to alarms within 30 minutes of
notification.
E.Â
Alarm users are not to activate alarm systems for any reason other
than an occurrence of an event that the alarm system was intended
for.
F.Â
Alarm users are not to use automatic voice dialers.
A.Â
No alarm user shall operate or cause to be operated an alarm system
at its alarm site without a valid alarm registration.
B.Â
There is no alarm registration fee.
C.Â
A separate alarm registration is required for each alarm site.
D.Â
Failure to submit a registration application will be classified as
a nonregistered alarm and may be subject to penalties and/or fines.
E.Â
Each alarm registration must include the following information:
(1)Â
Complete address of alarm site.
(2)Â
Classification of alarm site as either residential or commercial.
(3)Â
Mailing address if different from alarm site.
(4)Â
Any dangerous or special conditions present at the alarm site.
(5)Â
Name and address of at least two individuals who are able and who
have agreed to perform the following responsibilities:
(6)Â
If commercial property, the type of business conducted at the alarm
site.
(7)Â
Acknowledgement that the Middletown Police Department response may
be influenced by factors including, but not limited to, the availability
of police units, priority of calls, weather conditions, traffic conditions,
emergency conditions and staffing levels.
F.Â
Any false statement of material fact made by an applicant for the
purpose of obtaining an alarm registration may be punishable by applicable
laws.
G.Â
An alarm registration cannot be transferred to another alarm site.
H.Â
Alarm system registration is not intended to, nor will it, create
a contract, duty or obligation, either expressed or implied, of response.
Any and all liability and consequential damage resulting from the
failure to respond to an alarm notification is hereby disclaimed,
and governmental immunity as provided by law shall remain in full
force and effect.
A.Â
Residential and commercial alarm users will not be penalized or fined
for two or fewer false alarm occurrences within any fiscal year.
B.Â
Residential and commercial alarm users will be subject to penalties
and fines as described in Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
A.Â
The Middletown Police Department will be responsible for administering
and enforcing the provisions of this chapter, including but not limited
to Exhibit A, attached hereto. This chapter takes effect July 1, 2016.
(1)Â
The Middletown Police Department will send a notice of violation to the residential/commercial property for each occurrence except for a notification of fine as defined below in Subsection C.
(2)Â
After two false alarms, the Middletown Police Department will send
an officer to the residential/commercial property to offer recommendations
on how to prevent false alarms.
B.Â
In the interest of public safety and all local, state and federal
privacy laws, all information contained in and gathered through the
alarm registration applications shall be held in confidence by all
employees or representatives of the Town of Middletown and Middletown
Police Department.
C.Â
Upon notification from the Middletown Police Department, the Town
of Middletown Billing Department will send a notification of fine
to the residential/commercial property in violation of this chapter.
All fees, fines and revenues collected pursuant to this chapter
shall be contributed to the general revenue fund of the Town of Middletown.
Exemptions include:
