Chapter 5.04 Regulation of Alarm Systems
Sections
5.04.010 Short Title [Amended, March 14, 2011]
5.04.020 Purpose [Repealed, March 14, 2011]
5.04.030 Definitions [Amended, March 14, 2011]
5.04.040 Permit Application Required [Amended, March 14, 2011]
5.04.050 Absence of Permit [Amended, March 14, 2011]
5.04.060 Installation of Alarm System [Amended, March 14, 2011]
5.04.070 Existing Alarm Systems [Amended, March 14, 2011]
5.04.080 Issuance of Permit [Amended, March 14, 2011]
5.04.090 Permit Fee [Amended § A – B, and D; Repealed § C, March 14, 2011]
5.04.100 Failure to Pay Registration or Renewal Fee [Amended, March 14, 2011]
5.04.110 Denial or Revocation of Alarm Users Permit [Amended, March 14, 2011]
5.04.120 False Alarms: Prevention and Payment of Costs [Amended, March 14, 2011]
5.04.130 Liability of Town Limited [Amended, March 14, 2011]
5.04.140 Operating an Alarm System After Revocation; Penalty [Amended, March 14, 2011]
5.04.150 Alarm Verification [Amended, March 14, 2011]
5.04.010 Short Title
This code shall be known and may be cited as “an Ordinance Regulating Alarm Systems.” (Ord. 2011-001 5.04.010 amended 03-14-11; Ord. 6-27-89)
5.04.020 Purpose [Repealed, March 14, 2011]
5.04.030 Definitions
For the purpose of this code, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include plural number. The word “shall” is always mandatory and not merely directory.
- “Alarm System” is an assembly of equipment and devices, or a single device, arranged to signal the presence of a hazard requiring urgent attention and to which Police and/or Fire Departments are expected to respond. In this ordinance, the term Alarm System shall include the terms “Dial Alarm” and “Local Alarm”, as those terms area hereinafter defined.
- “Alarm Installation” is the design, installation, repair, alteration and maintenance of systems causing an alarm to be sounded in the event of a burglary, holdup, fire or the occurrence of a predetermined inimical event.
- “Alarm User” is any person on whose premises an alarm system is maintained within the Town of Milford, except for alarm systems on motor vehicles or proprietary alarm systems. If, however, an alarm system is on a motor vehicle other than a proprietary system (which does not include a signal line connected directly or indirectly to a Police Communication Center, a central station or answering service) the person using such system is an alarm user.
- “Answering Service” is a telephone answering service providing among its services the service of receiving emergency signals from alarm systems and thereafter relaying the message by voice or otherwise to the Communications Center of the Police/Fire Department.
- “Central Alarm Station” is any facility which is privately owned that owns or leases alarm systems, whose facility is staffed by employees who receive, record or validate alarm signals and relay information about such signals to Police/Fire Headquarters, by any means.
- “Dial Alarm” is an alarm system which automatically selects a telephone line connected to a Headquarters and reproduces a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect. Unless specifically authorized by the Police/Fire Chief, no dial alarms will be allowed to dial any government maintained telephone number.
- “Direct Alarm” is any alarm system which transmits a signal over a telephone line to an alarm monitoring facility, either public or private.
- “False Alarm” is any activation of any alarm system to which the Police or Fire Department respond which is not the result of a robbery, burglary, attempted robbery/burglary, or fire. “False Alarms” do not include alarms caused by electrical storms, floods, hurricanes or other violent events of nature.
- “Local Alarm” is any alarm system not connected to the Police/Fire Alarm Monitoring Facility or to a private central alarm station or answering service that is designed to activate at the premises within which the alarm system is installed, an audible and/or visual signaling device.
- “Manual Alarm” is any alarm system in which activation of the alarm is initiated by the direct action of the alarm user or his agents or employees with a purpose to elicit a police response to a burglary, robbery or attempted robbery or a Fire Department response.
- “Person” is any natural person, legal entity, corporation or incorporated association.
- “Proprietary System” is all alarm systems sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises or his employees or agents. If a proprietary alarm system included a signal line connected directly or by means of a dialing device to a Police/Fire Communication Center, a central station or answering service, it thereby is deemed to be an Alarm System as defined in this ordinance.
5.04.040 Permit Application Required
The Chief of Police or Fire Chief of the Town is hereby authorized to issue a permit to any applicant for burglar, intrusion or panic or fire alarms respectively, as to property within the Town of Milford, to install, maintain and operate thereon an alarm system upon application to him, and subject to the following provisions:
- Such application shall describe the premises on which such alarm system is to be located, and
- Shall state the name, address and telephone number of the applicant and the person who is responsible for the upkeep, maintenance and operation of the alarm system, and
- Shall describe the system and shall give the name, address and telephone number of the legal entity who is responsible to the owner for the maintenance of such alarm system, and any State of New Hampshire license issued to such legal entity.
(Ord. 2011-001 5.04.030amended 03-14-11; Ord. 6-27-89)
5.04.050 Absence of Permit
No person (including a natural person and/or legal entity) shall install, maintain or operate within the Town, an alarm system without a permit issued hereunder. (Ord. 2011-001
5.04.040 amended 03-14-11; Ord. 6-27-89)
5.04.060 Installation of Alarm System
No alarm system, as herein defined, shall be installed and activated, without a permit issued pursuant to this ordinance. (Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)
5.04.070 Existing Alarm Systems
Alarm systems presently operating shall conform to this ordinance prior to continued operation thereof. (Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)
5.04.080 Issuance of Permit
The Chief of Police or Fire Chief upon application to him for a permit shall, in his judgment, determine whether the application conforms to the requirements of this ordinance; that the facts stated therein are true and accurate. The Chief of Police or Fire Chief upon receipt of the fee required hereunder and review of the application for compliance by the applicant of this ordinance shall issue to the applicant a permit to install, maintain and operate the proposed alarm system. The Permit once issued shall be effective till February 28th of the following year and renewed ever year after as long as the alarm system remains in service. (Ord. 2011-001 amended 03-14-11; Ord. 6-2789)
- Each applicant shall pay to the Town of Milford a permit fee as further detailed in Appendix – A Fees.
- There shall be an annual renewal fee as further detailed in Appendix – A Fees.
- Senior Citizen Fee Waiver [Repealed, March 14, 2011]
- Federal, State, County or local government agencies who operate alarm systems shall be exempt from the payment of a fee.
Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)
5.04.100 Failure to Pay Registration or Renewal Fee
The alarm user shall be required to pay the alarm registration and or renewal fee within thirty (30) days of receipt of the alarm permit or renewal application.
If after due notice by the Chief of Police or Fire Chief the alarm user fails to pay the registration and or renewal fee, the alarm user will be assessed a fine as further detailed in Appendix B – Fines.
If the alarm user fails to pay the required fees after three (3) written notices, the alarm user will be summonsed to court for a violation level offense. (Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)
5.04.110 Denial or Revocation of Alarm Users Permit
The Chief of Police or Fire Chief upon notification to him or her that the department has received four (4) false alarms within the calendar year, the alarm user’s permit shall be revoked.
An alarm user, whose permit has been revoked, may reapply for a new permit. Upon such re-application the alarm user shall demonstrate to the Police Chief or Fire Chief that the cause of prior revocation has been eliminated and or corrected or is not likely to re-occur. (Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)
5.04.120 False Alarms: Prevention and Payment of Costs
- When emergency messages are received by the Police or Fire Department that are the result of a failure to comply with the requirements of the ordinance, the Chief of Police or Fire Chief is authorized to demand that the owner or lessee of such device, or his representative, disconnects such device until it is made to comply with said requirements.
- Any alarm user having an alarm system on his or its premises, and any user of alarm services or equipment designed and installed with the intent of eliciting a police or fire department response, shall pay to the Town of Milford a charge for each and every false alarm to which the police or fire department respond in each calendar year as follows:
- The alarm user of any alarm system shall be assessed a service charge for each false alarm transmitted by such system after three (3) false alarms in a calendar year period, where such false alarm results in a response by the Police or Fire Department, in accordance with the following:
- The fourth (4th) false alarm in any calendar year period shall be assessed a service fee as further detailed in Appendix – A Fees.
- Failure to pay such false alarm service fee in thirty (30) calendar days shall subject such alarm user to a fine as further detailed in Appendix B - Fines.
- An alarm user may appeal false alarm service charges in writing to the Board of Selectmen within ten (10) days after receipt of the notice of penalty.(Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)
- The alarm user of any alarm system shall be assessed a service charge for each false alarm transmitted by such system after three (3) false alarms in a calendar year period, where such false alarm results in a response by the Police or Fire Department, in accordance with the following:
5.04.130 Liability of Town Limited
The Police and Fire Departments of the Town of Milford shall take every reasonable precaution to assure that the alarm signals received are given appropriate attention and are acted upon with dispatch. Nevertheless, the Police and Fire Departments of Milford shall not be liable for any defects in operation of alarm devices, for any failure or neglect to respond appropriately upon receipt of an alarm from such a source, nor for the failure or neglect of any person in connection with the installation and operation of alarm devices or their components, the transmission of alarm signals, or the relaying of such signals and messages. The Police/Fire departments shall incur no liability for failure to respond to an alarm activation at a location in which a permit has not been issued, or a permit has been suspended or revoked. (Ord. 2011-001 amended 03-14-11; Ord. 6-2789)
5.04.140 Operating an Alarm System After Revocation; Penalty
Any alarm user who, after having a permit revoked fails to disconnect his alarm system, or who knowingly operates an alarm system without first obtaining a permit, shall be guilty of a violation, and upon conviction, shall be fined as further detailed in Appendix – B Fines. (Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)
5.04.150 Alarm Verification
It shall be unlawful for any agency and or business other than the Milford Police and Fire Departments to respond to an alarm activation for the purpose of verifying the cause of the alarm. (Ord. 2011-001 amended 03-14-11; Ord. 6-27-89)