[HISTORY: Adopted by the Town Council of
the Town of Westerly 8-13-1991 by Ch. No. 983 as §§ 8-101 through 8-115
of the 1991 Code (Ch. No. 1113, as amended through Ch. No. 1390).
Subsequent amendments noted where applicable.]
The purpose of this chapter is to set standards
for the use of alarm systems in the Town, to protect the police and
other emergency services from misuse and to protect the health, welfare
and safety of the general public. This chapter is intended to ease
the potential of a police officer or citizen being injured during
responses to false alarms and to promote the responsible use of alarm
systems.
The provisions of this chapter shall apply to
any person, business or corporation, other than the Town, who uses,
operates or owns any alarm system that automatically summons the police
or other emergency personnel in response to an alarm signal.
As used in this chapter, the following words,
terms and phrases shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Any business that installs, maintains, monitors, alters,
repairs, replaces or services alarm systems located within the Town.
An assembly of equipment and devices or a single
device designed to detect and signal an unauthorized intrusion, presence
of a hazard or other type of emergency to which the police are expected
to immediately respond. Included in the definition shall be burglar
alarms, holdup alarms, and manual holdup alarms, as they are later
defined in this section.
Any device which, when activated, transmits
a signal to police headquarters, transmits a signal to a person who
relays the information to police headquarters or produces an audible
or visible signal to which the Police Department is expected to respond.
Fire alarm systems and alarm systems which monitor
temperature, humidity or any other condition which is not related
directly to an unauthorized intrusion are not included in this chapter.
Also excluded from this chapter are systems which are used to signal
a person within the premises in which the alarm system is located.
The owner, occupant, lessee or agent of any premises in which an alarm is used or provided, who expressly accepts responsibility for an alarm device by registration pursuant to § 64-4 of this chapter shall be deemed the alarm user.
Any device designated for the protection of unauthorized
entry on premises thereon, which device generates an external audible
sound or flashing light, or both, when it is activated.
A telephone device or attachment that mechanically or electronically
solicits a telephone line to police headquarters and produces a prerecorded
voice message to report a criminal act or other emergency requiring
a police response.
An alarm system which signals an entry or attempted entry
into an area protected by the system.
An office to which remote alarm devices transmit signals
where trained operators monitor those signals and relay the information
to police headquarters.
An alarm device which is connected to an alarm panel within
the communications center of the Police Department via phone lines,
which electronically activates a signal soliciting an emergency response
by the Police Department.
An occasion threatening the security of life and/or property,
which reasonably calls for a response by the Police Department or
Fire Department. A response due to failure of the alarm system or
to personal error is not an emergency.
An alarm signaling a robbery or attempted robbery.
The individual(s) designated by the alarm user to respond
to the premises of the alarm when notified by the Police Department.
An alarm system whose signal transmission is initiated by
the person attacked or an observer or the action.
The Chief of Police of the Town of Westerly or his designated
agent.
Each alarm user who plans to transmit signals
to the Police Department, whether via a central station, a local alarm,
an auto-dialer or a direct line, must register with the Police Department
before doing so.
A.
The alarm user shall complete an alarm registration
form provided by the Police Department within five business days of
the installation of a new alarm system, to include such information
concerning the alarm device, location, keyholder(s), and other required
and necessary information.
B.
Alarm users shall register all existing unregistered
alarm systems with the Police Department within 60 days after the
effective date of this chapter (July 10, 1995).
C.
There shall be an initial fee of $15 for each alarm
registration received and shall not be prorated. It shall be the responsibility
of the alarm user to ensure that alarm registrations are paid every
36 months and updated with the most current changes and information.
Current registrations shall expire December 31, 2006 and shall be
renewed every 36 months at a fee of $15. The Police Department must
be notified in writing of all registration changes.
[Amended 12-27-2004 by Ch. No. 1521]
D.
Alarm registrations so issued are nontransferable.
E.
If a residential alarm user is over the age of 65
years, blind, deaf or physically handicapped to the extent that his
or her mobility is substantially limited, is a primary resident of
the residence, and no business is conducted in, upon or from such
residence, an alarm registration shall be obtained from the Chief
of Police without payment of the annual registration fee.
Effective upon passage, automatic dialer alarms
will be allowed to dial the Police Department with the understanding
that the dialer only activates twice at police headquarters and to
a keyholder(s). They may be programmed to dial a central station or
a twenty-four-hour answering service, which will notify the Police
Department of the alarm signal.
A.
The length of time for the delivery of the first emergency
message shall not exceed one minute. The time lapse for the delivery
of the second message shall be in the range from one to two minutes.
B.
The content of the recorded message to be transmitted
by such a device must be intelligible and in a format that is appropriate
for the nature of the alarm.
C.
No recorded message shall be delivered to the police
headquarters more than twice as a result of a single stimulation or
activation of the alarm sensory mechanism.
Unless required by law, no alarm device which
produces an exterior audible signal shall be installed unless its
operation is automatically restricted to a maximum of 15 minutes.
It is unlawful for any person to use or cause to be used or to install
a local or audible alarm system, which upon activation emits a sound
similar to that emitted by sirens in use on emergency vehicles.
Effective immediately upon passage of this chapter,
only financial institutions and other institutions required by federal
or state statutes, rules or regulations, and by federal and state
agencies to have the appropriate security devices installed, shall
be permitted to connect directly to the communications center of the
Police Department. All nonapplicable alarms connected prior to this
enactment shall be disconnected by the alarm user or the respective
alarm company no later than July 1, 1996.
No alarm system will be demonstrated or tested
to merely determine the speed or type of a police response. An alarm
user must notify police headquarters at least one hour prior to any
service, test, repair, or adjustment of an alarm system. Likewise,
the alarm user must notify the Police Department upon completion of
such service and repairs.
All buildings with alarm devices shall be required
to display the proper house/building number.
A.
Where the structure is within 50 feet of the edge
of the roadway, the number shall be displayed on the front of the
structure in the vicinity of the front door or entryway.
B.
Where the structure is over 50 feet from the edge
of the roadway, the assigned number shall be displayed on the structure
as well as on a post, fence, wall or mailbox at the property line
adjacent to the walk or access road to the structure.
C.
Numbers must be easily visible from the street and
should be a minimum of four inches in height and displayed with a
color which is contrasting to the background.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any alarm system which has six or more false alarms
within a calendar year shall be subject to a review of the alarm registration
by the Chief of Police.
B.
The Chief of Police or his designee shall notify the
alarm user by United States mail of such a review and shall invite
the alarm user to participate in such review. The alarm user may submit
a report to the Chief of Police within five days of receipt of the
notice describing actions taken or to be taken to eliminate the cause
of the false alarms.
C.
Alarm users of any alarm system or device are responsible,
at all times, for the proper maintenance and use of their systems.
Alarm users shall correct conditions resulting in a false alarm within
30 days of the occurrence.
D.
The Chief of Police and/or the Municipal Court may
revoke an alarm registration after failure of the alarm user to respond
to the notice of review or for the violation of any provision within
this chapter. The Police Department shall continue to respond to alarms
at the revoked premises, and each such false alarm response shall
be considered a violation of this chapter.
Nothing in this chapter shall be deemed to prohibit
the installation and use of so-called smoke detectors or fire alarms,
designed for internal use for the protection, safety and well-being
of occupants at any building, installation or use of the same.
All statements and information relating to the
installation and location of a system given to the Chief of Police
or his designee shall be maintained in strict confidence and may be
made public only when required in a prosecutive action resulting from
a violation of any provision of this chapter or by order of a court
of the appropriate jurisdiction.
All appeals for fines, penalties, reviews, and
revocations shall be heard before the judge of the superior court.
A timely appeal is considered to be within 10 days after notice of
the fine, penalty, review or revocation and must be submitted in writing
to the superior court and received no later than 10 days thereafter.
Upon receipt of a timely appeal, a notice shall be sent to the Police
Chief and the alarm user, providing the date and time of the hearing.
Notwithstanding the provisions of this chapter,
the Town, its departments, officers, agents and employees shall be
under no obligation whatsoever concerning the adequacy, operation
or maintenance of any alarm device or of the alarm monitoring facilities.
No liability whatsoever is assumed for the failure of alarm devices
or monitoring facilities or for the failure to respond to alarms or
for any mission in connection with such alarm devices. Each alarm
user shall be deemed to hold and save harmless the Town, its departments,
officers, agents and employees from liability in connection with the
alarm user's alarm.
A.
Except as otherwise provided, any person, firm or
corporation that violates any provision of this chapter may be summoned
to appear before the Municipal Court and be subject to a penalty or
fine not to exceed $100, enforceable by the Municipal Court.
B.
Unless otherwise provided, any person, firm or corporation
who performs or causes to be performed any of the following acts shall
be subject to a penalty not to exceed $100 for each such act, payable
to the Town:
(1)
Failure to register an alarm device or failure to
give notice of changes in registration information, as required by
this chapter.
(2)
Failure of a keyholder to respond to the premises
of an alarm when summoned by a police official.
(3)
Failure to disconnect an alarm system upon suspension
of the alarm registration by the Chief of Police.
(4)
Failure of an external audible siren or bell to reset
or shut off after the maximum 15 minutes.
C.
Police shall respond up to and including 10 alarms
within a calendar year. For any subsequent police response, there
shall be a fee of $10 for each response, enforceable by Municipal
Court.
