TOWN OF MENDON

ALARM SYSTEM ORDINANCE

Contents:

Section 1.       Definitions and word usage

Section 2.       Regulations

Section 3.       Registration required

Section 4.       Service charges, fees

Section 5.       Costs of enforcement, lien on property

Section 6.       Limitation on liability of town

Section 1.       Definitions and word usage

(a)               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 the plural number.  The word “shall” is always mandatory and not merely directory.

(b)               For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.

(1)               Alarm installation – The design, positioning, repair, alteration, maintenance and operation of alarm systems causing a signal to be sounded in the event of a hazard, intrusion or the occurrence of a predetermined inimical event to which police, the fire department , or other emergency service provider are expected to respond.

(2)               Alarm system – Any combination or assembly of electronic devices or a single device at a premise or location, designed to transmit to any dispatch person or entity, either directly or through an intermediary, a warning signaling a hazard, intrusion or fire to which police or the fire department are expected to respond.  In this ordinance, the term “alarm system” shall apply to all electronic security systems, fire alarm systems, services and alarms defined herein by which police or the fire department are notified and expected to respond.

(3)               Alarm user – Any person who owns and/or operates an alarm system within the town of Mendon, except for alarm systems on motor vehicles.

(4)               Answering service – A telephone answering service which provides the service of receiving emergency signals from alarm systems and thereafter immediately relays the message by live voice to any person, entity or authority, the purpose of which is to facilitate contact with police or the fire department to respond to such emergency.

(5)               Central alarm station – Any facility which is privately owned that owns or leases alarm systems, which facility is staffed by employees who receive, record or validate alarm signals and relay information about such signals to any person, entity or authority of a predetermined inimical event.

(6)               Direct alarm – Any alarm system which is directly connected to the alarm processing unit of the City of Rutland.

(7)               False alarm – Any activation of an alarm system to which police or the fire department respond where an emergency situation does not exist and any activation of an alarm system to which the fire department responds (whether or not they are called back prior to reaching the premises) from an alarm system not in compliance with section 2(h) of this ordinance which is not a fire.  Such terminology does not include alarms caused by electrical storms, floods, hurricanes or other violent events of nature.

(8)               Fire Department – The fire department of the city of Rutland, or such other fire department that the town of Mendon shall contract with, from time to time, to provide fire protection services, or that responds to calls in Mendon  by mutual aid or otherwise.

(9)               Local alarm – Any alarm system not connected to the City of Rutland alarm monitoring facility or to a private central alarm station or answering service that is designed to activate an audible and/or visual signaling device at the premises or location within which the alarm system is installed.

(10)          Manual alarm – Any alarm system in which activation of the alarm is initiated by the direct action of the public, alarm user, their agents or employees and is installed with the purpose of eliciting a response to an emergency situation.

(11)          Person – Any natural person, corporation, unincorporated association or other legal entity.

Section 2. Regulations

(a)   Every alarm user shall provide to the fire department the names and telephone numbers of at least (3) persons, in addition to the alarm user, who can be reached at anytime, day or nigh, and who are authorized to respond to an emergency signal transmitted by an alarm system.

(b)   No alarm system directly connected to the city of Rutland alarm monitoring facility shall be tested, worked on or demonstrated without first notifying the city of Rutland.

(c)   Within six (6) months from the effective date of this ordinance, all alarm systems which use an audible horn, siren or other audible device shall be equipped with a device which will terminate such horn, siren or bell or other audible device within fifteen (15) minutes after activation of the alarm system.

(d)   No automatic dial fire alarms.  No alarm system shall automatically select a telephone line connected to the city of Rutland alarm monitoring facility or the fire department which reproduces a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.  No person shall have a self-dialing telephone alarm system connected to his/her telephone which automatically calls to the city of Rutland alarm monitoring facility or the fire department.

(e)   All fire alarm systems shall comply with the BOCA Fire Prevention Code, 1987 Edition, together with all 1988 amendments and cumulative supplements hereafter, and the NFPA 101 Life Safety Code, 1988 Edition.

(f)     Plans for fire alarm systems directly connected to the city of Rutland shall be submitted to the fire department for approval prior to any work being done and no such work may commence until the fire department has approved the plans.  No such alarm may be activated until the fire department has approved the final installation thereof.

(g)   Fire alarm system plans shall include the floor plan with the device locations, the wiring riser diagram, the complete equipment list and specifications, and the type of occupancy, usual hazards, or unusual building features.

(h)   No alarm system shall be allowed that does not provide a clear indication to the responding agency, be it the city of Rutland, an answering service, a central alarm station, or any other person, entity or authority whatsoever, what the specific cause of the alarm is (e.g. whether it is for a fire, an unauthorized entry, a drop in inside temperature, or any other item for which an alarm system is designed or reasonably expected to respond).  In furtherance of the foregoing, and not in limitation thereof, no alarm system shall be installed or operated that elicits a call to the fire department, whether by direct communication with the fire department, or through an answering service, a central alarm station, or any other person, entity or authority whatsoever, because of drop in temperature or an unauthorized entry at the premises.

Section 3. Registration required

(a)   Registration required.  No person shall operate or have installed an alarm system within the town of Mendon without first registering the alarm system with the town.

(b)   Existing alarm systems.  Users of alarm systems operating as of the effective date of this ordinance shall conform to this ordinance by registering the alarm system in accordance herewith within three months of the effective date hereof prior to continued operation of the alarm system

(c)   Registration form.  The registration form shall be submitted to the Selectboard, or their designee and shall include:

(1)   the names, address and telephone number of the alarm user or users and at least three other persons who can be notified to install, repair or service the alarm system and secure the premises, at all times (i.e. 24 hours a day, 365 days a year) that the alarm system might be activated

(2)   the type of emergency occurrence that the alarm system is intended to detect

(3)   full, complete and accurate directions to the premises and any other pertinent information about the premises that may be relevant to police, the fire department or any other emergency service provider who may be expected to respond to the alarm.

The alarm user shall immediately file an amendment to the registration information at any time any material information with respect to any of the above requirements changes.  If an alarm user has a valid, existing contract with a currently operating local service that provides 24 hour, 365 days per year coverage for installation, repair, service, and the obligation to immediately secure the premises covered by the alarm system, then the requirement regarding the names, etc., of three other persons shall be waived.

(d)   The fee for registration shall be $15.00, payable to the Mendon treasurer.

(e)   All alarms directly connected to the city of Rutland will pay an annual fee one hundred fifty dollars ($150.00) (or such other amount as the city of Rutland may require from time to time) to the city of Rutland.  The fee may be billed by the city treasurer’s office in the discretion of the appropriate authorities of the city of Rutland.  If not paid within thirty (30) days it will become a general bill of the city of Rutland and the town of Mendon and collected like all general bills.

Section 4. Service charges, fees

(a)   Any alarm user having an alarm system on his/her premises/location who fails to register the alarm system shall be charged two hundred dollars ($200.00) for each alarm whether a false alarm or an actual emergency that the police or fire respond to.

(b)   Any alarm user having an alarm system on his/her premises/location and any user of alarm services or equipment designed and installed with the intent of eliciting a police or fire response shall pay a service charge to the town of Mendon for each and every false alarm to which the town constable, his deputies or agents or the fire department respond in each calendar year as follows:

(1)   For false alarms as defined in section 6(a) for which the town constable, his deputies or agents respond, fifty dollars ($50.00) for the first and second false alarms, and one hundred dollars ($100.00) for the third and all successive false alarms.

(2)   For false alarms as defined in sections 6(a) and 6(b) for which the fire department responds, five hundred dollars ($500.00) or a greater amount if, in accordance with paragraph 4(a) of the Fire Protection Contract between the town of Mendon and the city of Rutland, dated August 13, 2001, the sum due from the town of Mendon to the city of Rutland for that response exceeds five hundred dollars ($500.00).  In that event, the service charge shall be the amount due from the town of Mendon to the city of Rutland.

Section 5. Costs of enforcement, lien on property

(a)   The town of Mendon shall be entitled to recover the costs of enforcement of this ordinance including, but not limited to, reasonable attorney’s fees, from any person or entity that violates the terms of this ordinance or fails to pay any amount due hereunder to the town Mendon, the city of Rutland, or any other person or entity entitled to receive such payment.

(b)   To the extend permitted by law, the town of Mendon shall have a lien on the premises/property upon which the violation of this ordinance is based to the full extent of amounts due to the town of Mendon for violations of this ordinance which line may be enforced in the same manner that delinquent taxes are collected by statute in the state of Vermont.  In addition thereto, the town of Mendon shall be entitled to a writ of attachment securing any and all amounts due hereunder to the town of Mendon in the event that the town of Mendon receives a judgment from a court of competent jurisdiction.

Section 6. Limitation of liability of town

(a)   The town of Mendon shall not be liable for any defects in the operation of alarm systems or devices, for any failure or neglect to respond appropriately to an alarm from such a defective alarm system or device nor for the failure of any person in connection with the installation and operation of alarm systems and their components or the transmission of alarm signals and messages. In the event that the town of Mendon finds it necessary to require users to cease transmitting signals from alarm systems that do not conform to the requirements of this ordinance or acts to prevent the sounding of false alarms, the town of Mendon shall not be liable for such action.

Adopted this 20^th day of August, 2001

/s/ Barry Isaacs – Chair, Mendon Selectboard

/s/ Michael Barone – Selectboard

/s/ Cheryl McEwan - Selectboard