The text
ARTICLE I. - IN GENERAL#
Sec. 14-1. - General duties of police.#
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.
(Code 1970, § 14-1; Comp. Ords., ch. 29, § 1)
Sec. 14-2. - Police department fees.#
Fees for administrative services provided by the town's police department shall be in the amount established from time to time by the town council. Funds collected by the police department for such services shall be paid by the department to the finance department.
(Code 1970, § 14-6; Ord. No. 2002-23, 11-19-2002; Ord. No. 2007-6, 6-5-2007)
Secs, 14-3—14-22. - Reserved.#
ARTICLE II. - PRIVATE DETECTIVE ACT#
Sec. 14-23. - 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:
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 monies 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 or license boards of the several towns, the mayor and city council, or the license bureau of a city.
Private detective means 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.
(Code 1970, § 14-12; Res. of 3-15-1988)
Sec. 14-24. - License qualifications.#
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 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;
b.
Receiving a degree in criminal justice from an accredited college or university;
c.
Being employed by a private detective as an investigator for at least five years; or
d.
Having substantively equivalent training or experience.
(Code 1970, § 14-13; Res. of 3-15-1988)
Sec. 14-25. - Procedure.#
(a)
Applications for an initial or renewal private detective license shall be filed with the town clerk on a form provided by the clerk. The application shall be accompanied by supporting documentation sufficient to demonstrate compliance with the qualifications for license and by the license fee established by the town council.
(b)
The application shall be examined for compliance. If the application is complete, a copy thereof shall be provided to the town police chief, who shall conduct such further inquiry and investigation as is deemed proper and necessary as to the good character, competency and integrity of the applicant.
(c)
If the application is approved, the town council shall direct issuance of the license. If the application is denied, the town council shall notify the applicant or licensee in writing stating the reason for denial.
(d)
Within 15 days from receipt of notice of denial, the applicant or licensee may request a hearing in writing. If the request for a hearing is timely received, the town council shall set a date for the hearing and notify the parties. Hearings under this section shall be held in accordance with G.L. 1956, § 42-35-1 et seq.
(Code 1970, § 14-14; Res. of 3-15-1988)
Sec. 14-26. - Grounds for denial of application for license or renewal of license.#
The town council shall deny the application for a renewal of a license if it finds that the applicant: (1)
Has violated any provisions of this article or rules and regulations promulgated hereunder;
(2)
In the case of the applicant, commits any act which would disqualify him under section 14-29, 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.
(Code 1970, § 14-16; Res. of 3-15-1988)
Sec. 14-27. - Renewal of licenses.#
(a)
Licenses issued pursuant to this article shall expire annually on March 30. An application for annual renewal must be received by the town council not less than 30 days before expiration.
(b)
As soon as practicable, and before expiration of the license sought to be renewed, the town council shall notify the applicant if it intends to deny renewal. The licensee may, within 15 days after receipt of such notice, request a hearing in the manner prescribed in this article. With good cause, the town council may extend the period of time for filing the application required by this section.
(c)
A licensee shall be permitted to continue to engage in business while its renewal application is pending, unless otherwise provided by the town council.
(Code 1970, § 14-18; Res. of 3-15-1988)
State Law reference— Similar provisions, G.L. 1956, § 5-5-8.
Sec. 14-28. - Assignment and transfer prohibited.#
(a)
No license issued pursuant to the provisions of this article shall be assigned or transferred, either by operation of law or otherwise.
(b)
With good cause, the town council may extend the period of time for filing the application required by this section.
(Code 1970, § 14-19; Res. of 3-15-1988; Ord. No. 2013-46, 10-1-2013)
Sec. 14-29. - Grounds for suspension and revocation of licenses.#
(a)
A license may be suspended or revoked at the discretion of the town council 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.
(b)
Upon suspension or revocation, 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, shall notify all of its clients of such revocation or suspension, and shall maintain a copy of such notices in its business records.
(c)
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.
(Code 1970, § 14-20; Res. of 3-15-1988)
Sec. 14-30. - Surrender of license.#
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, suspension, 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.
(Code 1970, § 14-21; Res. of 3-15-1988)
Sec. 14-31. - Change in status of licensee.#
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.
(Code 1970, § 14-22; Res. of 3-15-1988)
Sec. 14-32. - Uniform and equipment.#
(a)
No individual licensed by, registered by or subject to the provisions of this article 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 they represent that of any law enforcement officers of the federal government, a state or any other political subdivision thereof. All such badges, insignia, patch, pattern, seal or other object or device must be approved by the town police chief.
(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 or a political subdivision thereof.
(Code 1970, § 14-23; Res. of 3-15-1988)
Sec. 14-33. - Bonding requirements.#
Any licensee shall deliver to the town council or its designee a bond with a surety company authorized to do business in the state 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.
(Code 1970, § 14-24; Res. of 3-15-1988)
Sec. 14-34. - Prohibited activities.#
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.
(Code 1970, § 14-25; Res. of 3-15-1988)
Sec. 14-35. - Identification cards required.#
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 2½ inches wide and 3½ 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.
(Code 1970, § 14-26; Res. of 3-15-1988)
Sec. 14-36. - Licensee business procedures.#
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.
(Code 1970, § 14-27; Res. of 3-15-1988)
Sec. 14-37. - Judicial review.#
(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.
(Code 1970, § 14-28; Res. of 3-15-1988)
Sec. 14-38. - Obligation to report criminal violations.#
All felonies which are discovered by persons licensed and registered under this article shall be reported immediately to the state police, private investigative unit, or to the local police department where the crime occurred.
(Code 1970, § 14-29; Res. of 3-15-1988)
Sec. 14-39. - Exemptions.#
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.
(Code 1970, § 14-30; Res. of 3-15-1988)
Secs, 14-40—14-66. - Reserved.#
ARTICLE III. - JUVENILE HEARING BOARD#
Sec. 14-67. - Establishment.#
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 years who are charged with violating the criminal laws of the state or the town.
(Code 1970, § 14-40; Res. of 3-1-1988)
Sec. 14-68. - Referral.#
(a)
Persons who are residents of the town who are under the age of 18 years 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;
(2)
Shall have been twice previously referred to the juvenile hearing board or shall 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.
(b)
The juvenile division of the town 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 guardian, shall have, in writing, waived such person's right to a hearing in the family court with respect to the offense charged, shall have agreed to guilt and shall have agreed to abide by the decision of the juvenile hearing board.
(Code 1970, § 14-41; Res. of 3-1-1988)
Sec. 14-69. - Composition; terms; compensation.#
(a)
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 in the state.
(b)
Members shall serve staggered three-year terms. Annually during the month of November, the town council shall appoint a member to succeed the member whose term will then next expire, to serve for a term of three years, commencing on December 1, and continuing until his successor is appointed and qualified.
(c)
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.
(d)
No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.
(Code 1970, § 14-42; Res. of 3-1-1988)
Sec. 14-70. - Alternate members.#
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.
(Code 1970, § 14-42.1; Res. No. 97-150, 6-3-1997)
Sec. 14-71. - Duties.#
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 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.
(Code 1970, § 14-43; Res. of 3-1-1988)
Sec. 14-72. - Meetings; officers.#
(a)
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 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 behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public.
(b)
The juvenile hearing board shall elect one of its members as its chairperson and one as its vice-chairperson. In the absence of the chairperson, the vice-chairperson 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.
(Code 1970, § 14-44; Res. of 3-1-1988)
Secs, 14-73—14-102. - Reserved.#
ARTICLE IV. - SECURITY ALARM REGULATIONS#
Sec. 14-103. - Purpose.#
The town council has determined that false or needless alarms in the town cause or may cause a drain on the resources of the town police and fire departments. In order to reduce the drain, the council has drafted and passed the following sections.
(Code 1970, § 14-50; Res. No. 99-126, 5-11-1999)
Sec. 14-104. - 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 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 to which police or fire are expected to respond. 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 means 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 signal systems. The term "direct connect system" shall include the following systems: 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 messages by live voice to the police department and/or fire department.
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.
Direct connect 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.
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.
Remote signaling system means 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.
False or nuisance alarm means 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.
(Code 1970, § 14-51; Res. No. 99-126, 5-11-1999; Ord. No. 2018-6, 6-5-2018)
Sec. 14-105. - Promulgation of rules and regulations.#
(a)
The police chief may promulgate rules and regulations to implement this article.
(b)
The fire chief may promulgate rules and regulations relating to fire alarms to implement this article. Said regulations relating to fire alarms shall be consistent with any regulations adopted by the police chief to implement this article.
(Code 1970, § 14-52; Res. No. 99-126, 5-11-1999)
Sec. 14-106. - Registration required.#
(a)
Registration with the police department and fire department shall be required prior to the installation of any new alarm system.
(b)
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.
(Code 1970, § 14-53; Res. No. 99-126, 5-11-1999)
Sec. 14-107. - Connection of alarm systems to municipal circuits.#
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 shall be the responsibility of the developer or the owner and not the town.
(Code 1970, § 14-54; Res. No. 99-126, 5-11-1999)
Sec. 14-108. - Direct connect alarm systems.#
(a)
It is unlawful for any person to use or cause to be used and alarm system which is equipped with an electrical or mechanical device or attachment to a telephone that directly connects with the emergency number within the fire department or police department unless the following requirements are met:
(1)
All direct connect alarm systems shall use a special unlisted telephone line.
(2)
Prior to the connection of any new direct connect alarm systems to the special telephone line, an alarm user permit must be obtained from the town fire department.
(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 G.L. 1956, § 23-28.25-1 have been met.
(b)
Application for an alarm user permit shall be made by a subscriber to the police chief or fire chief, as appropriate, on a form approved by them. 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, rules and regulations of the town police and fire departments, and state law.
(c)
The permit fee shall be set from time to time by resolution of the town council.
(d)
All permits shall expire on December 31 of each year.
(e)
The permit shall be located physically upon the premises using the alarm system and shall be available for inspection.
(f)
It is unlawful for any person to use or cause to be used an alarm system equipped with an electrical or mechanical device or attachment to a telephone that automatically dials the emergency number within the fire department or police department.
(Code 1970, § 14-55; Res. No. 99-126, 5-11-1999; Ord. No. 2018-6, 6-5-2018)
Sec. 14-109. - Audible alarm systems.#
No installed audible alarm system shall sound an alarm for longer than 15 minutes.
(Code 1970, § 14-56; Res. No. 99-126, 5-11-1999)
Sec. 14-110. - Fees and fines.#
(a)
There shall be an annual fee in the amount as shall be set from time to time by resolution of the town council for monitoring an alarm system (direct connect alarm system) interconnected to the police department and/or the fire department.
(b)
The town shall not impose a fee for answering an alarm.
(c)
The town shall give written notification to the alarm owner and impose a fine in the amount $75.00 for each offense of any of the following nuisance alarm violations:
(1)
Failure to register the 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 after sounding for 15 minutes, as further described hereinafter.
(Code 1970, § 14-57; Res. No. 99-126, 5-11-1999; Ord. No. 2013-46, 10-1-2013; Ord. No. 2018-6, 6-5-2018)
Sec. 14-111. - False alarms.#
(a)
More than four false alarms in a calendar year from any alarm system for which an alarm user's 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 efforts 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 fine for false alarms over and above for 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.
(Code 1970, § 14-58; Res. No. 99-126, 5-11-1999; Ord. No. 2018-6, 6-5-2018)
Sec. 14-112. - Notification and appeal of false alarm charges.#
(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 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 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.
(Code 1970, § 14-59; Res. No. 99-126, 5-11-1999)
Sec. 14-113. - Key box system.#
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 firefighting 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.
(Code 1970, § 14-60; Res. No. 99-126, 5-11-1999)
Sec. 14-114. - 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 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.
(Code 1970, § 14-61; Res. No. 99-126, 5-11-1999)
Sec. 14-115. - Termination of direct connect system.#
(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 their designees, 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 written disconnect order, the filing of a notice of appeal shall not effect a stay of the order, and the terms of subsection (d) of this section 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 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 hereinabove. The municipal court shall, by certified mail, send to the subscriber and/or alarm business a written notice of its 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 it in this chapter; 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)
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 from 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.
(Code 1970, § 14-62; Res. No. 99-126, 5-11-1999)
Sec. 14-116. - Compilation of record.#
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.
(Code 1970, § 14-63; Res. No. 99-126, 5-11-1999)
Sec. 14-117. - Town liability.#
The town 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; or 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 1970, § 14-64; Res. No. 99-126, 5-11-1999)