ARTICLE XII. - POLICE AND FIRE ALARMS
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (13) --- Cross reference— Fire prevention, ch. 5; police, ch. 12.
State Law reference— Interference with fire alarm apparatus, G.L. 1956, § 11-4-10; fire alarm systems, G.L. 1956, § 23-28.25-1 et seq.; approval by town required, G.L. 1956, § 23-28.25-2; compliance with state law required, G.L. 1956, § 23-28.25-1.
Sec. 8-331. - Definitions.#
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 contractor means a contractor who contracts with a subscriber, owner or lessee of premises to provide and maintain alarm transmitting and/or receiving equipment, meaning equipment which terminates at either a city or a remote communications center, and which, when activated, produces and transmits a silent signal to an alarm center.
Audible alarm system means a system which produces an audible or visible signal at the point of origin.
Emergency means an occasion which reasonably calls for a response by the police department or fire department. A response due to failure of the alarm system or to personnel error is not an emergency. Any person who contends that the chief has erroneously determined that an emergency did not exist shall, upon written request to the chief of police or fire chief, ask for a hearing with respect to such determination and shall be given a hearing by a representative of the chief of police or fire chief within 30 days after receipt of such request. The request shall set forth why: (1)
An emergency did exist; or
(2)
The false alarm resulted from circumstances beyond the writer's control.
The representative of the chief of police or fire chief shall, within ten days after the hearing, give written notice of his decision.
False alarm means any alarm signal necessitating response by the city police or fire department when an emergency does not exist. The chief of police or the fire chief shall evaluate whether an emergency did exist.
Franchisee means any person with a franchise from the city to provide alarm receiving equipment at a city communications center for the purpose of processing alarm signals.
Remote alarm system means a system which transmits a silent signal from an owner's or lessee's location to a remote communications center separate from the city communications center.
Subscriber means any person whose premises are protected by an alarm system which is utilizing alarm receiving equipment provided by the franchisee at a city communications center.
Subscriber alarm system means a police or fire alarm system which terminates in the alarm receiving equipment housed in a city communications center.
(Rev. Ords. 1987, § 8-231)
Cross reference— Definitions generally, § 1-2.
Sec. 8-332. - Authorization to grant franchise.#
The council may grant a nonexclusive franchise to construct, operate and maintain a police and fire alarm system at a city communications center for all or any portion of the city to any person who offers to furnish and provide such a system upon such terms and conditions as the council deems proper and consistent with the provisions of the Charter and this article.
(Rev. Ords. 1987, § 8-232)
Sec. 8-333. - Duration.#
Every franchise granted pursuant to this article shall, except when a definite term has been specified therein, be indeterminate; that is, every such franchise shall endure in full force and effect or until the franchise is voluntarily surrendered or abandoned by franchise or until the state, the city, or other body authorized by law has purchased by voluntary agreement or has condemned and taken under the power of eminent domain all property actually used in the franchise and situated within the city or until such franchise shall have been forfeited upon noncompliance with its terms or the provisions of this article.
(Rev. Ords. 1987, § 8-233)
Sec. 8-334. - Alarm receiving equipment.#
The franchisee shall provide alarm receiving equipment meeting the performance, size and other specifications that are established by the city. The city may cancel a franchise if it determines that the alarm receiving equipment or the subscriber alarm systems joined with it are not properly operated or maintained.
(Rev. Ords. 1987, § 8-234)
Sec. 8-335. - Subscriber alarm systems.#
(a)
All subscriber alarm systems shall be installed by a licensed alarm company, be in proper working order and have an on-going maintenance and supervision program. All such systems shall meet all applicable fire and building codes and shall be compatible with the alarm receiving equipment installed at a city communications center. The city may inspect such equipment at reasonable times after receiving approval for such inspection from the person in control of the premises housing the subscriber alarm system.
(b)
The franchisee shall be responsible for the proper performance of all subscriber alarm systems at their termination point in a city communications center. If the city determines that a subscriber alarm system is not properly operating, the city may demand withdrawal of the system from its communications center. The licensed alarm company that is maintaining the system may inspect and test its subscriber alarm system after notifying the city and obtaining its approval.
(Rev. Ords. 1987, § 8-235)
Sec. 8-336. - Local or audible alarm systems.#
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.
(Rev. Ords. 1987, § 8-236)
Sec. 8-337. - False alarms.#
(a)
No premises protected by a subscriber alarm system or audible alarm system or remote alarm system shall be permitted more than three false alarms during any one calendar year, except that false alarms that occur during the first two weeks after original installation of the system shall not be included in the calculation. If any such premises has more than three false alarms, the city may in its discretion disconnect the offending alarm system from its communications center, choose not to respond to an activated alarm, or alternatively, bill:
(1)
The franchisee;
(2)
The owner or lessee of premises maintaining a subscriber alarm system, an audible alarm system, or a remote alarm system; or
(3)
An alarm system contractor, for each additional false alarm.
(b)
Any person violating the provisions of this section shall be penalized as follows:
(1)
First three offenses within one year: No charge
(2)
Fourth offense within one year: $100.00
(3)
Fifth offense within one year: $250.00
(4)
Sixth offense within one year: $500.00
(c)
Upon the occurrence of a false alarm, if remedial action is taken to correct the cause of the false alarm, the next false alarm thereafter shall constitute a first offense.
(Rev. Ords. 1987, § 8-237; Ch. 339, § I, 3-15-05)
Sec. 8-338. - Alarm telephone devices.#
It is unlawful for any person to use or cause to be used an electrical or mechanical device or an attachment to a telephone that automatically reports a taped or other recorded message of a police or fire emergency direct to a city communications center. Each such call shall be deemed a separate violation punishable as a misdemeanor. All such alarm devices must be channeled through the franchisee.
(Rev. Ords. 1987, § 8-238)
Sec. 8-339. - Permits required.#
The grantee of a franchise under this article is obligated to apply for and receive all permits, licenses and authorization necessary to the full operation of the business, whether from governmental agencies, private corporations or utilities. The franchisee shall be certified by the state as a licensed alarm dealer (contractor).
(Rev. Ords. 1987, § 8-239)
Sec. 8-340. - Application for termination of alarm monitoring service.#
Application for termination of a subscriber alarm system at a city communications center shall be made by the system installer and must be approved by either the chief of police or the fire chief. An application shall include, but not be limited to, the following information: (1)
Name, address, telephone number of the business or premises where the alarm system is to be installed;
(2)
Name, address, telephone number which may be contacted on a 24-hour basis of the alarm company responsible for maintenance of the subscriber alarm system;
(3)
Name, address, telephone number of three persons at the premises sought to be protected who may be contacted in case of an alarm;
(4)
Type of structure (wood frame, steel and concrete, residential, commercial, industrial, etc.), and the type of use of such structure;
(5)
Type of alarm to be installed;
(6)
Presence of any ammunition, flammable liquids, or other hazardous materials stored at the premises wherein the alarm system is installed;
(7)
Affirmation that applicant's personnel have been trained in the installation and operation of the alarm system to be terminated at a city communications center.
(Rev. Ords. 1987, § 8-240)
Sec. 8-341. - Denial of application.#
(a)
The chief of police or fire chief may reject any application to install a subscriber alarm system at a city communications center. A rejection may occur where:
(1)
The subscriber alarm system sought to be installed is inadequate;
(2)
The applicant is not competent to install the desired system; or
(3)
For any other reason that the city communications system would he adversely affected by the installation of the subscriber alarm system.
(b)
The mayor may review any denial of an application to affirm, reverse, or modify the prior decision.
(Rev. Ords. 1987, § 8-241; Ch. 877, § I, 6-6-23)
Sec. 8-342. - Installation fee.#
The franchisee shall charge a subscriber installation and maintenance fees. Such fees shall be established initially by the city council by resolution. Thereafter, upon written request of the franchisee, such fees may be changed upon approval of the council.
(Rev. Ords. 1987, § 8-242)
Sec. 8-343. - City space retention.#
The franchisee shall reserve ten percent of its alarm system receiving equipment for use by the city, without charge, as part of the consideration for the granting upon approval of the council.
(Rev. Ords. 1987, § 8-243)
Sec. 8-344. - Emergency use upon termination.#
Upon termination of any franchise granted pursuant to this article for any reason, and in any manner, the city shall be authorized to utilize the franchise equipment for a period not to exceed 180 days to ensure the continued service until a new franchise can be granted, or a substituted service provided.
(Rev. Ords. 1987, § 8-244)
Sec. 8-345. - Revision provisions applicable.#
All provisions of this Revision, and all rules, regulations and specifications heretofore or hereafter enacted or established shall apply to the holder of any franchise issued under this article, unless specifically exempted.
(Rev. Ords. 1987, § 8-245)
Sec. 8-346. - Annual audit.#
(a)
Each year the franchisee shall file with the city a financial statement, prepared by a certified accountant, showing in detail the gross annual receipts during the preceding calendar year for franchisee's business in city and other areas serviced by the city. Such audit shall be filed with the mayor's office within 60 days of the end of such calendar year.
(b)
The city shall have the right to inspect the franchisee's records showing the gross receipts from which its franchise payments are computed and the right of audit and recomputation of any and all amounts paid under any franchise issued pursuant hereto.
(Rev. Ords. 1987, § 8-246; Ch. 877, § I, 6-6-23)
Sec. 8-347. - City nonliability; insurance.#
(a)
The franchisee shall hold the city, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the franchisee's agents' or employees' operations under the franchise. Franchisee shall defend the city and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations.
(b)
To ensure compliance with the above, franchisee shall take out and maintain during the life of the franchise such public liability and property damage insurance as shall insure the city, its elective and appointive boards, commissions, officers, agents and employees against claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the franchisee's operations under the franchise whether such operations be by the franchisee or by anyone directly or indirectly employed by the franchisee. Furthermore:
(1)
The amounts and basis of the insurance shall be established in the franchise agreement;
(2)
All insurance policies shall be issued by an insurance carrier satisfactory to the city, and shall name the city as a joint insured, and evidence of such coverage shall be delivered to the city. In lieu of actual delivery of such policies, a certificate issued by the insurance carrier showing such policies to be in force will be accepted.
(Rev. Ords. 1987, § 8-247)
Sec. 8-348. - Right of eminent domain.#
Nothing in this article shall be deemed or construed to impair or affect, in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just depreciated value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this article shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.
(Rev. Ords. 1987, § 8-248)
Sec. 8-349. - Authority and powers reserved.#
The council specifically reserves its power to amend any section of this article or to add to it so as to require additional standards of construction, operation, maintenance or otherwise. No governmental right or power of the city shall be deemed to be waived.
(Rev. Ords. 1987, § 8-249)
Sec. 8-350. - Franchise is complete expression of terms and conditions.#
Any franchise granted in this article shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled, or exercisable by the grantee pertaining to the construction, operation or maintenance of any alarm system in the city, and the acceptance of any franchise pursuant hereto shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between grantee and the city, any and all construction, operation and maintenance by any grantee of any alarm system in the city shall be, and shall be deemed and construed in all instances and respects to be, under or pursuant to the franchise, this article and the Charter and not under or pursuant to any other right, privilege, power, immunity or authority whatsoever.
(Rev. Ords. 1987, § 8-250)