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*Charter references: Police department, § 1301 et seq.
Cross references: Municipal court, ch. 11.5.
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It shall be the duty of every police officer of the town, so far as is in his power, to preserve the peace and good order of the same and to see that the ordinances are promptly enforced and at all times to give his aid and assistance to the person appointed to prosecute for violation of said ordinances in the due and proper enforcement of the same.
(Comp. Ords., ch. 29, § 1)
Cross references: Enforcement of traffic regulations by police, § 11-2.
Police constables are hereby empowered to make complaint for violation of any ordinances and to prosecute for the same, and such police constable shall not be required to give surety for costs; but in all cases where complaint shall be made by any person other than a police constable as aforesaid, such complaint [complainant] shall give security for costs. All penalties or fines shall be recovered for the use of the town unless otherwise herein specially provided.
(Comp. Ords., ch. 29, § 2)
The fee for the license of police constable in the town shall be fixed at the rate of $10.00, the same to be collected by the town clerk on the issuance of said commission. A police constable shall continue in office during the pleasure of the town council but in no event for a term of more than one current municipal year.
(Ord. of 9-28-37; Res. of 4-26-79)
The fee for the license of constable with power to serve civil process shall be fixed at the rate of $5.00, the same to be collected by the town clerk on the issuance of said commission. A constable with power to serve civil process shall continue in office during the pleasure of the town council but in no event for a term of more than one current municipal year.
(Ord. of 9-28-37)
Every licensed police constable under section 14-3 shall obtain from the town clerk a metal badge with the word "Constable" marked on the badge which shall be issued on the payment of such amount as set forth by the town council from time to time by resolution, and such person who has obtained said license shall forthwith return the said badge when he ceases to be appointed, and failure to do so shall constitute a violation of this Code.
(Res. of 11-10-64, § 1; Ord. of 3-15-73)
The fee for fingerprinting, as part of a background check required for employment purposes, shall be set from time to time by town council resolution. Said fee will be collected by the police department and the funds shall be turned over to the finance director. Such funds will be reimbursed to the police department by the finance director on January 30th and June 25th of each year to cover the necessary expenses for F.B.I. checks and equipment maintenance.
(Ord. No. 2002-23, 11-19-02; Ord. No. 2007-6, 6-5-07)
This article shall be cited as the "Private Detective Act."
(Res. of 3-15-88)
As used in this article:
Applicant means any person who has applied for permission to engage in any act or activity which is regulated under the provisions of this article.
License means any license required by this article.
License fee means any moneys required by law to be paid for the issuance or renewal of any license required by the regulations.
Local licensing authority means the town councils of license boards of the several towns, the mayor and city council, or the license bureau of a city.
Private detective shall mean a person who is hired for the purpose of conducting investigations involving:
(1) Inquiries into unsolved crimes;
(2) Clandestine surveillance;
(3) The search for missing persons; and
(4) The search for lost or stolen property.
Words in the singular shall include the plural, and the plural shall include the singular.
(Res. of 3-15-88)
In order to be eligible for a license, an applicant must:
(1) Be a citizen of the United States or a resident alien;
(2) Not have been convicted in any jurisdiction of a felony;
(3) Not have had any previous private investigator license or registration revoked or application for such license or registration denied by the appropriate authority of any local licensing authority;
(4) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease, unless said court has subsequently determined that his or her competency has been restored;
(5) Not suffer from habitual drunkenness or from narcotics addiction or dependence;
(6) Be of good moral character;
(7) Have such experience as has been gained through:
a. At least five years' experience as an investigator or as a police officer with a state, county or municipal police department or with an investigative agency of the United States of America or of any state, county or municipality; or
b. Has received a degree in criminal justice from an accredited college or university; or
c. Has been employed by a private detective as an investigator for at least five years; or
d. Has substantively equivalent training or experience.
(Res. of 3-15-88)
Any person who was engaged as a private detective prior to January 1, 1988, and who continues to be so engaged as of January 1, 1988, may apply for a private detective license with the local licensing authority where his or her principal place of business is located. Persons presently licensed shall be granted private detective licenses from the town council upon application and verification that he/she has not been convicted in any jurisdiction of a felony. This initial application will be treated as a renewal of a license. Subsequent applications for renewal of his/her license shall be governed by section 14-18 of this article.
(Res. of 3-15-88)
After an examination of the application and such further inquiry and investigation as is deemed proper and necessary as to the good character, competency and integrity of the applicant and the persons named in the application, the town council shall, as soon as practicable, issue a license in a form prescribed by it to the applicant or notify the applicant of a denial of the license application.
(Res. of 3-15-88)
The town council shall deny the application for a renewal of license if it finds that the applicant:
(1) Has violated any provisions of this article or rules and regulations promulgated hereunder; or
(2) In the case of the applicant, commits any act which would disqualify him under section 14-20, or where such applicant has failed to meet the qualifications of this article;
(3) Practices fraud, deceit or misrepresentation;
(4) Makes a material misstatement in the application for or renewal of a license; or
(5) Demonstrates incompetence or untrustworthiness in actions affecting the conduct of the business required to be licensed under this article.
(Res. of 3-15-88)
The town council, in approving or denying an application for a license or renewal thereof, shall be as follows:
(1) If the application is approved, the local licensing authority shall issue a license in the form as provided in this article;
(2) If the application is denied, the local licensing authority shall notify the applicant or licensee in writing of the same and shall state the reasons for its action;
(3) Within 15 days from the receipt of notice, the applicant or licensee may request a hearing in writing;
(4) If a request for a hearing is timely received, the local licensing authority shall set a date for the hearing and notify the parties of the time and place thereof;
(5) All hearings shall be held in accordance with the provisions of G.L. 1956, § 42-35-1 et seq., as amended.
(Res. of 3-15-88)
(a) Subject to the power of the town council to deny, revoke or suspend a license, any license shall be renewable by the town council for the next one-year period upon proper application for renewal [and] payment of license fees. An application for renewal of a license must be received by the town council on a form provided by it not less than 30 days prior to the expiration date of the license, and it shall promptly notify the licensee of his [its] intent to refuse to renew the license. The licensee may, within 15 days after receipt of such notice of intent to refuse to renew a license, request a hearing on such refusal in the manner prescribed by this article. A licensee shall be permitted to continue to engage in business while its renewal application is pending. Upon renewal of any license, the town council shall issue a renewal license.
(b) All licenses shall expire annually on March 30. (For the calendar year of 1988 only, said licenses shall be renewed on June 7, 1988. All fees for this year shall be prorated).
(Res. of 3-15-88)
(a) The registration and license fee for a private detective shall be $150.00 annually.
(b) No license issued pursuant to the provisions of this article shall be assigned or transferred, either by operation of law or otherwise.
(c) With good cause, the town council may extend the period of time for filing the application required by this section.
(Res. of 3-15-88)
A license may be suspended or revoked if the licensee:
(1) Violates any provisions of this article or rules and regulations promulgated hereunder;
(2) Practices fraud, deceit or misrepresentation;
(3) Makes a material misstatement in the application for or renewal of the license;
(4) In the case of the licensee, commits any act which would disqualify the qualifying agent.
After the licensee has exhausted the right of appeal, or, if the licensee does not seek a hearing, the licensee shall immediately cease to operate the business for the time period provided in the order of suspension or permanently, in the case of revocation, and shall notify all of its clients of such revocation or suspension and shall maintain a copy of such notices in its business records.
Under circumstances in which the town council determines that the public health, welfare or safety may be jeopardized by the termination of a licensee's services, the town council may, upon its own motion or upon application by the licensee or any party affected by such termination, extend the time for the termination of the licensee's operations, subject to such reasonable, necessary and proper conditions or restrictions as it deems appropriate.
(Res. of 3-15-88)
Each license shall be surrendered to the town council within 72 hours after it has been revoked or not renewed after the licensee ceases to do business pursuant to an order of suspension. If, however, the town council or a court of competent jurisdiction has pending before it any matter relating to the renewal, revocation or transfer of a license, the licensee shall not be required to surrender the license until the matter has been adjudicated and all appeals have been exhausted; provided that a stay has been obtained in accordance with the provisions of this article pertaining to a judicial review.
(Res. of 3-15-88)
The licensee shall notify the town council in writing within five days of any material change in the information previously furnished or required to be furnished to the town council or [of] any occurrence which could reasonably be expected to affect the licensee's privilege to a license under this article.
(Res. of 3-15-88)
(a) No individual licensed by, registered by or subject to the provisions of this act shall wear or display any insignia, patch or pattern which shall indicate or tend to indicate that he is a law enforcement officer of the federal government, a state or any political subdivision thereof or which contains or includes the word "police" or the equivalent thereof, or is similar in working to any law enforcement agency in this state. All badges, shields and any other devices shall not indicate or tend to indicate that it [they] represents that of any law enforcement officers of the federal government, a state or any other political subdivision thereof. All such wording must be approved by the chief of police.
(b) No person, while performing any activities licensed by this article, shall have or utilize any vehicle or equipment displaying the words "police," "law enforcement officer" or the equivalent thereof or have any sign, shield, marking, accessory or insignia that may indicate that such vehicle is a vehicle of a public law enforcement agency. All such wording must indicate "private detective" or "private investigating agency" and be approved by the town council.
(c) No licensee shall, by the use of any letterhead, advertisement or other printed matter, or in any manner whatever, represent that he is an instrumentality or agency of the federal government or of the State of Rhode Island or a political subdivision thereof.
(Res. of 3-15-88)
Any licensee or private detective shall deliver to the town council or their designee a bond with a surety company authorized to do business in the State of Rhode Island conditioned for the benefit of any person injured by a willful, malicious or wrongful act of the licensee which, in the case of an individual, shall be $5,000.00.
(Res. of 3-15-88)
It is unlawful for any person to knowingly commit any of the following:
(1) Provide any service required to be licensed under this article without possessing a valid license.
(2) Employ any individual to perform the duties of an unarmed employee or armed employee who has not first complied with all the provisions of this article and the regulations in all respects.
(3) Falsely represent that a person is the holder of a valid license.
(4) Possess a license or identification card issued to another person.
(Res. of 3-15-88)
The town council shall prescribe the form of identification cards which may be carried by persons licensed under this article. Every person licensed hereunder shall be given a permanent license number and shall be issued an identification card which shall be approximately 2 1/2 inches wide and 3 1/2 inches long and shall bear thereon the number assigned to the licensee, the full name, date of birth, residence address, brief description of the licensee, his fingerprints and photograph, and a space upon which the licensee shall write his usual signature with pen and ink or a facsimile of such signature.
(Res. of 3-15-88)
Any licensee shall, on notice from the town council, discontinue any advertising or the use of any advertisement, seal or card which, in the opinion of the local licensing authority, may tend to mislead the public. Failure to comply with any such order of the town council shall be cause for revocation of the license.
(Res. of 3-15-88)
(a) Any person aggrieved by a final decision on the order of the town council made after a hearing or rehearing, whether or not a petition for a hearing was filed, may obtain judicial review thereof by appeal to the superior court in accordance with G.L. 1956, § 42-35-1 et seq., as amended.
(b) Filing of an appeal shall not stay the enforcement of the decision on the order of the town council unless the stay is obtained from the court upon application in accordance with the rules of court or from the superintendent upon such terms and conditions as he deems proper.
(Res. of 3-15-88)
All felonies which are discovered by persons licensed and registered under this article shall be reported immediately to the Rhode Island State Police, private investigative unit, or to the local police department where the crime occurred.
(Res. of 3-15-88)
Nothing in this article shall include the activities of any person employed by any federal or state agency or any city or town as an investigator. Nothing in this article shall be construed to require a detective's license in order to interview parties and/or witnesses in legal matters.
(Res. of 3-15-88)
The following is a reproduction of the identification card approved by the town council:
(Res. of 3-15-88)
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*Editor's note: A Res. of March 1, 1988, (No. 88-127), amended the Code by adding the following provisions; since the resolution did not state the manner of inclusion, however, the provisions have been codified as Art. III, §§ 14-40--14-45, by the editor.
Cross references: Offenses--miscellaneous, ch. 12.
Note: Special acts--Enacting an ordinance to establish a juvenile hearing board, art. 36.
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There is hereby established within the town a juvenile hearing board with the powers set forth in this article for the purpose of hearing all cases referred to such board by the juvenile division of the police department, with respect to persons resident in the town under the age of 18 who are charged with violating the criminal laws of the State of Rhode Island or the Town of West Warwick.
(Res. of 3-1-88)
Persons who are residents of the town who are under the age of 18 may be referred to the juvenile hearing board established herein if the offense is one which, if committed by an adult, would be a misdemeanor; provided, however, that this requirement shall not apply in the case of any person who:
(1) Was charged with the crime of assault or battery; or
(2) Shall have been twice previously referred to the juvenile hearing board or have been once previously referred and refused or failed to abide by the sanctions imposed or make the restriction recommended; and/or
(3) At the time of the commission of such juvenile offense, shall be within the custody and control of the family court.
The juvenile division of the West Warwick Police Department may offer referral to the juvenile hearing board [of] any other juvenile offender where, in the opinion of the juvenile division, such referral would be beneficial to the juvenile concerned and the community at large. No referral to the juvenile hearing board shall be made by the juvenile division until such person, together with his legal guardians, shall have in writing waived such person's right to a hearing in the family court with respect to the offense charged, have agreed to guilt and shall have agreed to abide by the decision of the juvenile hearing board.
(Res. of 3-1-88)
The membership of the juvenile hearing board shall consist of five persons over the age of 18 years to be appointed by the town council, all of whom shall have been a resident for at least three years within the town, and none of whom shall be attorneys admitted to practice before the supreme court of the State of Rhode Island. The town council shall appoint one member whose term shall expire on December 1, 1988, and, thereafter, until his/her successor is appointed and qualified; two members whose term shall expire on December 1, 1989, and, thereafter, until their successors are appointed and qualified; two members whose terms shall expire on December 1, 1990, and, thereafter, until their successors are appointed and qualified.
During the month of November, 1988, and annually thereafter, the town council shall appoint a member to succeed the member or members whose terms will then next expire to serve for a term of three years, commencing on December 1 and, thereafter, until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his or her service on the board.
(Res. of 3-1-88)
In addition to the five standing members, the town council shall annually appoint two alternates to be designated as the first and second alternate members. These alternate members shall meet the same qualifications as a regular member. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing and the second alternate shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from the office by the town council in the same manner as a regular member.
(Res. No. 97-150, 6-3-97)
The juvenile hearing board shall hear all cases referred to it by the juvenile division and shall recommend sanctions (other than incarceration) and shall direct restitution for any injuries and/or damages, where appropriate, resulting from the commission of such offense. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed and the amount of restitution and the manner of making the same. In ordering restitution, the juvenile hearing board shall take into account the juvenile offender's ability to pay and the amount of actual damage caused as a result of the commission of such offense.
(Res. of 3-1-88)
The juvenile hearing board shall meet not less than once each month. It shall give notice of the date and time of the meetings to the juvenile division and the juvenile offender and his/her parents not less than seven days prior to the date of the hearing. Any juvenile offender may be represented by counsel and present evidence in his/her behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public.
The juvenile hearing board shall elect one from its members as its chairman and one as its vice-chairman. In the absence of the chairman, the vice-chairman shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted.
(Res. of 3-1-88)
This article shall apply to all juveniles alleged to have committed an offense after the date of the enactment of this article.
(Res. of 3-1-88)
The West Warwick Town Council has determined that false or needless alarms in the Town of West Warwick cause or may cause a drain on the resources of the West Warwick Police and Fire Departments. In order to reduce the drain, the council has drafted and passed the following sections.
(Res. No. 99-126, 5-11-99)
As used in this chapter, the following terms shall have the meanings indicated:
Alarm system: Equipment or devices located on real property within the Town of West Warwick, which equipment or devices are arranged to signal the presence of a hazard requiring urgent attention to which police or fire are expected to respond. In this chapter, the term "alarm system" shall include, but shall 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 system or automatic dialing devices: All alarm systems which have the capability 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. Such term shall include the following systems:
(1) Answering service: Refers to 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: An alarm signaling 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: Refers to 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 connect: Refers to 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.
(5) Direct line: 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.
False or nuisance alarm: The activation of any alarm system, as defined herein, to which the police and/or fire departments 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 the subscriber, his alarm company or his answering service, including, but not limited to, electrical power failure.
(4) A person motivated solely by criminal, malicious or mischievous intent.
(Res. No. 99-126, 5-11-99)
(a) The police chief may promulgate rules and regulations to implement this chapter.
(b) The fire chief may promulgate rules and regulations relating to fire alarms to implement this chapter. Said regulations relating to fire alarms shall be consistent with any regulations adopted by the police chief to implement this chapter.
(Res. No. 99-126, 5-11-99)
(a) Any alarm system which is in use prior to the passage of this chapter must be registered with the police department and/or fire department within 60 days of the effective date of this chapter.
(b) Registration with the police department and fire department shall be required prior to the installation of any new alarm system.
(c) Registration applications shall include, but shall not be limited to, the following information:
(1) The name, home address and telephone number of the applicant;
(2) The name, address and telephone 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 telephone 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.
(Res. No. 99-126, 5-11-99)
All costs and expenses relating to the connection of a private alarm system to the municipal fire alarm system and/or police department of the Town of West Warwick shall be the responsibility of the developer or the owner and not the Town of West Warwick.
(Res. No. 99-126, 5-11-99)
(a) It shall be unlawful for any person to use or cause to be used any alarm system which is equipped with an electrical or mechanical device or attachment to a telephone that automatically dials the emergency number within the fire department and/or police department unless the following requirements are met:
(1) All existing automatic dialing devices shall use a special unlisted telephone line within 90 days of the effective date of this article. Failure of any person to comply with this requirement shall constitute an offense punishable by a fine not to exceed $100.00 per day for each day of noncompliance;
(2) Prior to the connection of any new automatic dialing device/direct connection alarm systems to the special telephone line, an alarm user's permit must be obtained from the Town of West Warwick at the fire department headquarters. The alarm user's permit fee shall be $10.00 per year with a one-quarter-year minimum. All permits shall expire on December 31 of each year. The permit shall be located physically upon the premises using the alarm system and shall be available for inspection.
(3) A fire alarm system permit shall be obtained prior to the installation of any fire alarm system required under the State Fire Code. No permit shall be issued until all requirements of R.I.G.L. § 23-28.25-3 have been met.
(4) Failure to obtain a user's permit will result in a fine, which shall be set and may be amended from time to time by the town council.
(b) Permit application.
(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 a nonrefundable fee in accordance with the town's fee schedule.
(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 requirement of this chapter, any rules and regulations as may be promulgated by either or both departments and state law.
(Res. No. 99-126, 5-11-99)
No installed audible alarm system shall sound an alarm for longer than 15 minutes.
(Res. No. 99-126, 5-11-99)
(a) The town may impose a one-time fee for processing a registration application.
(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 alarm.
(d) The town shall give written notification [to the] alarm owner and impose a fine for any following nuisance alarm 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 hereinafter.
(Res. No. 99-126, 5-11-99)
(a) More than four false alarms in a calendar year from any alarm system for which an alarm users permit has been obtained may constitute grounds for revocation of such permit, subject to the provisions of this section.
(b) After the fire department and/or police department has recorded four false alarms in a year, it shall notify the permit holder in writing of such fact and require that the permit holder report to the fire department and/or police department within 15 days his effort to eliminate the false alarms. If the permit holder fails to submit a report within 15 days, after reasonable extension for good cause, the fire department and/or police department may revoke the user's permit and under such circumstances the user shall not be entitled to a hearing or appeal under this section.
(c) If the alarm user submits an unsatisfactory report, or has one or more false alarms during the same calendar year after submitting a satisfactory report, the fire department and/or police department may revoke or suspend the alarm user's permit.
(d) The fee for false alarms over and above four false alarms per year shall be $75.00 for each false alarm.
(e) An alarm system user, whose permit has been revoked, may apply for a new permit. The chief of the fire department and/or police department may impose reasonable restrictions and conditions upon issuing a new permit to an alarm user, with respect to the particular system for which the permit was revoked.
(Res. No. 99-126, 5-11-99)
(a) The police chief, or in cases involving fire alarms, the fire chief, shall notify the subscriber by certified mail of any fine. Within 15 days of the mailing of such notice, the subscriber may file a written appeal of said charge with the police chief or if applicable the fire chief. Said notice of appeal shall contain information to show that the alarm giving rise to the fine was not a false alarm within the meaning of this chapter. Said notice of appeal shall also contain a return address to which the police chief, or in cases involving fire alarms, the fire chief shall send notice of his or her decision.
(b) The police chief or, in cases involving fire alarms, the fire chief shall consider the information filed by the subscriber, reaffirm or rescind the false alarm charge and, within 15 days of his or her receipt of said appeal, notify the subscriber of his decision by certified mail. Such decision shall be final and shall not be subject to further appeal.
(Res. No. 99-126, 5-11-99)
When access to or within a structure or an area is unduly difficult because of secure openings or where immediate access is necessary for lifesaving or fire fighting purposes, a key box system shall be installed in an accessible location. The key box shall be a type approved by the chief of police or fire chief and shall contain keys to gain necessary access as required by the chiefs of police and fire.
(Res. No. 99-126, 5-11-99)
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 or holdups or intrusions or fire or smoke conditions so that the alarm system will not be activated by impulses due to short flashes of light, wind, noises, vehicular noise or other forces unrelated to genuine alarms.
(Res. No. 99-126, 5-11-99)
(a) In addition to any other penalty set out in this chapter, if a subscriber and/or alarm business fails to comply with any requirements of this chapter or any rules and regulations promulgated hereunder, 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 said 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 Saturdays, Sundays 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:
(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 said notice, exclusive of Saturdays, Sundays and holidays, the subscriber and/or alarm company may file a written appeal of said disconnect order with the municipal court. Said notice of appeal shall include an address to which the municipal court shall mail a notice of hearing and all other correspondence directed to the appealing subscriber and/or alarm company. The municipal court 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 municipal court shall schedule a hearing of said appeal to be heard by the municipal court. The municipal court shall set said hearing for a date not more than 15 days after the receipt of the appeal. Not less than seven days before said hearing date, the municipal court shall, by certified mail, send written notice of the date, time and place of said hearing to the subscriber and/or alarm company taking the appeal.
(3) At said hearing, the appealing subscriber and/or alarm company and the police chief and/or fire chief, or his, her 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 municipal court shall render a decision and shall, by certified mail, send written notice of said 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, her 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) below shall operate as if no appeal has been filed, pending a hearing and decision thereon. At the time the police chief and/or fire chief sends a written notice of an emergency disconnect order to a subscriber and/or alarm company, he or she shall send a copy of said order to the municipal court. Within five days of the receipt of a written notice of appeal of such an emergency disconnection order, the municipal court shall conduct a hearing thereon, giving the appealing subscriber and/or alarm company written and whatever other notice the municipal court deems necessary of the date, time and place of the hearing. Said hearing shall be conducted in the same manner described herein above. The municipal court shall, by certified mail, send to the subscriber and/or alarm business written notice of his decision of said appeal within three business days of the close of the hearing.
(6) The municipal court may designate one or more town supervisory employees to perform the duties ascribed to him in this chapter; provided, however, that he or she 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) 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 chapter, 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 hereof within three days of receipt of such notice or order, exclusive of Saturdays, Sundays and Holidays, shall also constitute an offense punishable by a fine which shall be set and may be amended form time to time by the town council. Such notice shall continue in force and effect until full compliance with the requirement stated herein, 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 said order or notice is received by said subscriber and/or alarm company.
(Res. No. 99-126, 5-11-99)
The police chief and 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 residences and from businesses.
(Res. No. 99-126, 5-11-99)
The Town of West Warwick shall not be liable for any defects in the operation of automatic protection devices and signal lines of the systems; for any failure or neglect to respond appropriately upon receipt of an 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.
(Res. No. 99-126, 5-11-99)