[Ord. No. 12-14-98]
(a)
Purpose and intent. Unnecessary service calls originating from the
erroneous and mistaken use or deliberate misuse of fire alarm systems,
and from fire alarm systems that are not installed, maintained or
operated properly, are creating a hazard to members of the Fire Department
and to the general public, as well as wasting the Town's financial
resources. The purpose of this section is to reduce the incidents
of false alarms responded to by the Fire Department.
(b)
ALARM SYSTEM
ALARM SYSTEM OWNER
EMERGENCY COMMUNICATIONS CENTER
FALSE ALARM
(1)
(2)
(3)
FIRE DEPARTMENT
FIRE EMERGENCY
FIRST SELECTMAN and BOARD OF SELECTMEN
PERSON
SETTING OFF A FALSE ALARM
Definitions.
Any assembly of equipment, mechanical or electrical, arranged
to transmit a signal of the occurrence of a fire emergency.
The owner of premises on which an alarm system is located;
the owner of the alarm system or person responsible for its maintenance
and operation, if other than the owner of the premises on which the
alarm system is situated.
Valley Shore Emergency Communications, Inc., or any additional
or successor facility which receives and dispatches emergency communications
emanating from within the Town.
ERROR OR MISTAKEAny action by any alarm system owner or the owner's agent, employee or occupant of the owner's premises, which results in the unintentional activation of the alarm system when no fire emergency exists.
MALFUNCTIONAny unintentional activation of any alarm system caused by a flaw in design or installation of or the improper maintenance of the system. This shall not include any activation caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to the control of the alarm system owner.
INTENTIONAL MISUSEAny intentional activation of an alarm system when no fire emergency exists.
The Durham Volunteer Fire Company, Inc., or any successor
Fire Department primarily responsible for responding to fire emergencies
with the Town.
An occurrence of a fire or other emergency within the Town
to which fire fighters are expected to respond.
The First Selectman and Board of Selectmen of the Town.
A human being and, where appropriate, a public or private
corporation, limited liability company, unincorporated association,
or partnership.
Causing a false alarm through intentional misuse.
(c)
False alarms caused by error or malfunction; penalty.
(1)
Any alarm system shall be activated only when a fire emergency exists.
(2)
The following fines and charges shall be imposed upon the alarm system
owner for activation of an alarm system by error, mistake or malfunction
as the case may be in violation of Subsection (c)(1) hereof.
a.
Up to two such false fire alarms per box may occur in any calendar
year without the imposition of a penalty.
b.
The third such false fire alarm and every subsequent false fire alarm
during any calendar year shall result in a fine of $100 per alarm
imposed upon the alarm system owner. In addition, the alarm system
owner shall be responsible for and shall bear the expenses of the
Fire Department's response to any such false alarm. The Fire Department's
expenses shall be determined by the chief of the department and billed
to the alarm system owner; provided, however, that no such charges,
exclusive of any penalty imposed, shall exceed $150 per response.
(3)
After the first false fire alarm in a calendar year, a written warning
shall be sent to the alarm system owner advising the owner of this
section and its provisions concerning penalties for false alarms.
(4)
After the second false fire alarm in a calendar year, a written order
shall be issued to the alarm system owner requiring the alarm system
to be inspected and the First Selectman and Fire Department notified
in writing of corrective action taken.
(d)
Intentional false alarm; penalty.
(1)
No person shall use an alarm system to set off a false alarm.
(2)
Any person who violates Subsection (d)(1) of this section shall be
fined $100 and may be subject to additional penalties and prosecution
under the Connecticut General Statutes, as amended, for falsely reporting
an incident.
(3)
One intentional false alarm per alarm system may occur during any
calendar year without the imposition of a penalty on the owner of
the alarm system, other than a fine under Subsection (d)(2) of this
section if the owner personally violates Subsection (d)(1).
(4)
Upon the occurrence of the first false alarm set at any alarm system
in a calendar year, a written warning shall be sent to the owner of
the alarm system requiring protective devices to be installed at all
boxes in the alarm system to prevent further setting off of false
alarms. The owner of the alarm systems shall notify in writing the
Fire Department and the First Selectman about the corrective action
taken.
(5)
The second and any subsequent false alarms set off from an alarm
system in any calendar year shall result in a fine of $100 per false
alarm set off. In addition, the owner of the alarm system shall be
responsible for and bear the expense of the department's response
to any such intentional false alarm. The expense shall be determined
by the chief of the Fire Department and billed to the alarm system
owner; provided, however, that no such charge, exclusive of any penalty
imposed, shall exceed $150 per response.
(e)
Testing and maintaining.
(1)
An alarm system owner's testing of the alarm system shall not be
considered a false alarm under the provisions of sections c and d
of this section provided:
(2)
An alarm system owner who voluntarily takes the system off line to
correct malfunctions shall notify the Emergency Communications Center
when the system is taken off line and when it is returned to service.
(f)
Administration.
(1)
Unless otherwise stated, all warnings, notices and fines required
by this ordinance shall emanate from the First Selectman or his or
her designee. Fines shall be paid to the First Selectman or the First
Selectman's designee.
(2)
Interest shall accrue at the rate of 1 1/2% per month on all
fines outstanding for periods in excess of 30 days.
(3)
Fines and interest payable under this section shall be deposited
into the Town's general fund.
(g)
Appeal.
(1)
The Board of Selectmen shall serve as an appeals board for fines
imposed under this section.
(2)
Whenever a fine is imposed against an alarm system owner or other
person under this section, the person fined, may, within 20 days from
the date appearing on the notice of the fine, appeal by filing a written
notice of appeal with the First Selectman. The Board of Selectmen
shall begin hearing the appeal no later than 30 days from its receipt
by the First Selectman. The Board of Selectmen shall render a written
decision on the appeal within seven days of conclusion of the hearing.
The filing of an appeal shall stay collection of any fine imposed
until such time as a decision is rendered on the appeal.
(3)
The Board of Selectmen may designate a panel of three persons, no
more than one of whom may be a member of the Fire Department, to serve
as an appeal board for any fine or fines appealed from under this
section g. Any such panel shall follow the schedule in Subsection
(g)(2) for hearing and deciding appeals.
(h)
Enforcement.
(1)
The Board of Selectmen may choose to enforce the provisions of this
section by citation and hearing as permitted by C.G.S § 7-152(c).
The citation hearing procedure will then serve as the appeals procedure
in lieu of that set forth in Subsection(g).
(2)
The First Selectman is authorized to institute civil or criminal
proceedings as necessary to enforce the provisions of this section.
[Comp. Ords. 1983, pg. 2, 10-26-31]
The Durham Volunteer Fire Company, Inc., shall be allowed to
act as custodian of the fire truck, and a tax of one-half of a mill
is hereby laid to provide for the maintenance of the apparatus, any
surplus that may accumulate to be placed in a sinking fund for new
equipment. The fire company shall have charge of the expenditure of
the money raised by the tax and file a detailed report of all expenses,
the report to be incorporated in the annual Town report.
[Comp. Ords. 1983, pg. 2, 8-26-32]
A board of trustees, consisting of three voters of the Town
and not members of the Durham Volunteer Fire Company, shall be chosen
by ballot at this meeting, one to serve until the adjourned Town meeting
in March, 1934, and one to serve until the adjourned Town meeting
in March, 1935, and that at each adjourned regular Town meeting thereafter
there shall be chosen, by ballot, one trustee to serve for three years
or until someone has been chosen in their place. The purpose of this
board of trustees is to work with the board of three trustees of the
fire company in formulating plans for the construction and rules governing
the use of the building.
[Comp. Ords. 1983, pg. 2, 8-22-55]
(a)
The Town does hereby authorize the Durham Volunteer Fire Company,
Incorporated, as its duly authorized and acting Fire Department, to
receive applications, to make inspections of and grant approval to
property owners who have constructed and are maintaining satisfactory
water holes on their property for fire protection purposes.
(b)
Upon approval by the Durham Volunteer Fire Company, to be communicated
in writing to the Board of Selectmen, the duly authorized officers
of the Durham Volunteer Fire Company and the Board of Selectmen for
the Town shall issue to any property owner who has applied, the protection
from lawsuits afforded by the General Statutes, the officials of the
Durham Volunteer Fire Company, acting for themselves and the Board
of Selectmen it shall grant approval on written application of any
property owner who shall have an adequate, accessible water supply
that he will permit the fire company to use for general firefighting
purposes for his own and neighboring properties.
