Chapter 34 EMERGENCY SERVICES[1]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm system means equipment or devices located on real property within the town, which equipment or devices are arranged to signal the presence of a hazard requiring urgent attention and to which police or fire are expected to respond. In this article, the term "alarm system" shall include, but not be limited to, the terms "automatic holdup alarm systems," "burglar alarm systems," "holdup alarm systems," "manual holdup alarm systems," "audible alarm systems" and "fire alarm systems."
Direct connect systems means all alarm systems which have the capacity of transmitting to any agency maintained by the town, such as the police station and/or fire department, whether through telephone lines or a signal system, for the purposes of this article shall be defined as and hereinafter referred to as a "direct connect system." Such term shall include the following systems:
(1) Answering service means a telephone answering service providing, among its services, the service of receiving, on a continuous basis, through trained employees, emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the police department and/or fire department.
(2) Remote signaling system means an alarm system which, when activated by an alarm device, transmits a signal including, but not limited to, an audible signal, from the alarm signaling device to the police department and/or fire department or other central location, where appropriate action is taken to investigate and respond to the signal.
(3) Central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits and where guards are maintained continuously to investigate signals which are then reported to the police and/or fire departments.
(4) Direct wire means an alarm system which has the capability of transmitting system signals to and receiving them at any agency maintained by the town, such as the police station and/or fire department. All new direct wire systems shall be required to have a "Knox Box" system.
(5) Direct line means a telephone line leading directly from a central station to the communication center of the police department and/or fire department that is for use only to report emergency signals on a person-to-person basis.
(6) Tape dialer means an automatic calling device which directs recorded messages to the communication center of the police or fire departments. Such devices or systems are not permitted under this article. Messages from tape dialers received at points other than the police/fire communication centers are allowable.
False or nuisance alarm means the activation of an alarm system to which the police and/or fire department respond which is not caused by:
(1) Fire, a criminal act or other emergency;
(2) An act of nature, such as an earthquake, tornado or hurricane;
(3) Circumstances occurring off the protected property and not within the control of either the subscriber, his alarm company or his answering service including, but not limited to, electrical power failure; or
(4) A person motivated solely by criminal, malicious or mischievous intent.
Subscriber means the individual, partnership or corporation registered with the town as the responsible party for the alarm system. In the case where no registration form has been completed, the subscriber shall be the owner of the property.
(Code 1967, § 21B-2)
Cross reference(s)—Definitions generally, § 1-2.
Sec. 34-27. Promulgation of rules and regulations by police and fire chiefs.
(a) The police chief may promulgate rules and regulations to implement this article.
(b) The fire chief may promulgate rules and regulations to implement this article relating to fire alarms. Such regulations relating to fire alarms shall be consistent with any regulations adopted by the police chief to implement this article.
(Code 1967, § 21B-3)
Sec. 34-28. Registration required; application contents.
(a) Any alarm system which is in use prior to the passage of the ordinance from which this article derives must be registered with the police department.
(b) Registration with the police department shall be required prior to the installation of any new alarm system.
(c) Registration applications shall include the following information:
(1) The name, home address and telephone number of the applicant;
(2) The name, address and phone number of the alarm company which services and maintains the alarm system, if the alarm is not serviced or maintained by the applicant; and/or
(3) The name, address and phone numbers of at least two emergency contact people who can gain entrance to the property and turn off the alarm system, which information shall be updated yearly.
(Code 1967, § 21B-4)
(a) Required. Permits shall be required as follows:
(1) A permit shall be required prior to the installation of any direct connect alarm systems.
(2) A permit shall be required within 60 days of the effective date of the ordinance from which this article derives for any direct connect alarm system which is in use on the effective date of the ordinance from which this article derives.
(3) Failure to obtain such a permit will result in a fine which shall be set and may be amended from time to time by the council.
(b) Application. Application shall be made as follows:
(1) Application shall be made by a subscriber to the police chief or fire chief, as appropriate, on a form approved by them.
(2) At the time of application, the subscriber shall pay the currently required application fee and all other fees in full.
(3) The police chief or fire chief shall issue a permit if the application is complete and signed, all fees are paid and the chief determines that the alarm system to be installed meets the requirements of this article, any rules and regulations as may be promulgated by either or both departments and state law.
(Code 1967, § 21B-5)
(a) The town shall impose a one-time fee for processing a registration application. The amount of such fee shall be set from time to time by the council, and a schedule of such fees is on file and available in the town offices.
(b) The town may impose an annual fee for monitoring an alarm system (direct connect alarm system) interconnected to the police department and/or fire department.
(c) The town shall not impose a fee for answering any alarm.
(d) The town shall give written notification to the alarm owner and impose a fine for any of the following violations:
(1) Failure to register an alarm system;
(2) Failure to obtain the necessary permit for a direct connect alarm system;
(3) An audible alarm which does not have an automatic reset system which turns the signal off automatically after sounding for 15 minutes, as further described in section 34-31; and
(4) The fourth and all subsequent false nuisance alarm violations within the calendar year.
(e) There shall be a fine of $50.00 for each violation of subsection (d)(1), (2) and (3) of this section. Every day the violation shall continue shall constitute a separate offense.
(f) The following fines shall be imposed for nuisance alarm violations under subsection (d)(4) of this section.
(1) First offense: Fifty dollars.
(2) Second offense: Sixty dollars.
(3) Third and subsequent offenses: Seventy dollars.
(Code 1967, § 21B-6)
Sec. 34-31. Audible alarm system.
(a) No installed audible alarm system shall sound an alarm for longer than 15 minutes.
(b) After the second false alarm in any calendar year, the police chief, or in case involving fire alarms, the fire chief, shall send a written order to the subscriber instructing him to:
(1) Have the alarm system inspected by an alarm company.
(2) Review alarm procedures with all employees (if the premises is a business) or members of the household (if the premises is a residence).
(c) Within five days after this order is sent, the subscriber shall forward to the police chief proof that the alarm system has been inspected and is in good working order.
(d) After the second false alarm in any calendar year, the police chief, or in a case involving fire alarms, the fire chief, shall send a written notice to the subscriber notifying him that a subsequent false alarm within the calendar year will be considered a nuisance alarm violation and subject the subscriber to the fines set forth in the schedule of such fees and charges and available in the town offices.
(e) After the third false alarm in a calendar year, the chief of police shall have the option of issuing an order disconnecting the audible portion of the alarm system.
(Code 1967, § 21B-7)
Sec. 34-32. Notification and hearing for false alarm charges.
The police chief, or in cases involving fire alarms, the fire chief, shall notify the subscriber in writing of any fine for violations of this article. Unless the fine is paid within 14 days of the mailing of such notice, the respective chief will cause a complaint to be issued against the subscriber with the municipal court.
(Code 1967, § 21B-8)
Sec. 34-33. Maintenance of system.
Each subscriber is required to maintain all components of his alarm system in good working order at all times to ensure that the sensory mechanism is adjusted to suppress false indications of holdups or intrusions of fire or smoke conditions so that the alarm system will not be activated by impulses due to short flashes of light, wind, noise, vehicular noise or other forces unrelated to genuine alarms.
(Code 1967, § 21B-9)
Sec. 34-34. Termination of direct wire system.
(a) Failure to comply; disconnection. In addition to any other penalty set out in this article, if a subscriber and/or alarm business fails to comply with any requirements of this article or any rules and regulations promulgated under this article, the police chief and/or fire chief may order the subscriber to disconnect the alarm system from the police department and/or fire department, as the case may be and to remove any equipment or indicators connected in the police department and/or fire department and shall indicate in such order that failure to obey shall result in disconnection by the town. If the subscriber fails to obey the order within three days from the receipt of the order, exclusive of Saturday, Sunday and holidays, the town shall disconnect the alarm system and remove any equipment or indicators at the expense of the violator.
(b) Notification and appeal; termination of service. Notification and appeal and termination of service shall take place as follows:
(1) The police chief and/or fire chief shall notify the subscriber and/or alarm company of the disconnect order by certified mail. Within three days of the receipt of such notice, exclusive of Saturday, Sunday and holidays, the subscriber and/or alarm company may file a written appeal of such disconnect order with the town clerk. Such notice of appeal shall include an address of which the town clerk shall mail the notice of hearing and all other correspondence directed to the appealing subscriber and/or alarm company. The town clerk shall immediately notify the police chief and/or fire chief of the receipt of any such appeal.
(2) Upon receipt of a timely appeal of a disconnect order, the town clerk shall schedule a hearing of the appeal to be heard by the council. The council shall set the hearing for a date not more than 15 days after the receipt of the appeal. Not less than seven days before the hearing date, the town clerk shall, by certified mail, send written notice of the date, time and place of the hearing to the subscriber and/or alarm company making the appeal.
(3) At the hearing, the appealing subscriber and/or alarm company and the police chief and/or fire chief, or his or their designee, shall present facts and arguments relevant to the issuance and validity of the disconnect order.
(4) Solely on the basis of the hearing record, the council shall render a decision and shall, by certified mail, send written notice of the decision to the subscriber and/or alarm company within ten days of the close of the hearing.
(5) The filing of a notice of appeal of a disconnect order shall stay any such order until a hearing has been held and a decision rendered thereon; provided, however, that if the police chief and/or fire chief finds that the public health, safety or welfare imperatively requires emergency action and states that finding and the factual basis therefor in his or their written disconnect order, the filing of a notice of appeal shall not affect a stay of the order, and the terms of subsection (d) of this section shall operate as if no appeal had been filed, pending a hearing and a decision thereon. At the time the police chief and/or fire chief sends written notice of an emergency disconnect order to a subscriber and/or alarm company, he shall send a copy of such order to the town clerk. Within five business days of the receipt of a written notice of appeal of such an emergency disconnect order, the council shall conduct a hearing thereon, giving the appeal subscriber and/or alarm company written and whatever other notice the council deems necessary of the date, time and place of such hearing. The hearing shall be conducted in the manner described in this section. The council shall, by certified mail, send to the subscriber and/or alarm business written notice of the decision of the appeal within three business days of the close of the hearing.
(6) The council may designate one or more individuals to perform the duties ascribed to it in this article; provided, however, that it shall not, in any case, appoint an officer, employee or other member of the police or fire department to perform any of such duties.
(c) Notice of right to appeal. Each notice of a disconnect order shall refer to and provide instructions concerning the subscriber's and/or alarm company's right to appeal.
(d) Fines. In addition to any other penalty set out in this article, failure of any subscriber and/or alarm company to comply with the requirements of a written notice or order by the police chief or fire chief of a violation of any provision of this article within three days of receipt of such notice or order, exclusive of Saturday, Sunday and holidays, shall also constitute an offense punishable by a fine as set forth in section 34-30. Such notice shall continue in force and effect until full compliance with the requirements stated in this section, and each and every failure to comply with such notice within 24 hours after the three days allowed for compliance shall constitute a separate offense; provided, however, that if a subscriber and/or alarm company files a timely notice of appeal of any such notice or order, then the provisions of this subsection shall take effect only after a written notice of affirmation of the order or notice is received by the subscriber and/or alarm company.
(Code 1967, § 21B-10)
Sec. 34-35. Compilation of record: Report.
The police chief and the fire chief shall jointly compile a continuous record of all false alarms and of all written notices and orders given to subscribers and alarm companies. Such record shall indicate the number and frequency of false alarms and shall separately state the number of false alarms received from residents and from businesses.
(Code 1967, § 21B-11)
The town shall not be liable for any defects in operation of any signal line system (direct connect alarm system), for any failure or neglect to respond appropriately upon receipt of any alarm from such a source, for any failure or neglect of any person in connection with the installation, operation, disconnection or removal of equipment, the transmission of alarm signals or the relaying of such signals or messages.
(Code 1967, § 21B-12)
Sec. 34-37. Application of the Uniform Fire Safety Code.
The provisions of the Rhode Island General Laws 23-28.1 et seq. (Uniform Fire Safety Code of the State of Rhode Island) shall apply to all provisions of this section.
(Ord. of 7-25-11, § 8)