TOWN OF MIDDLEBURY
ORDINANCE CONCERNING BURGLAR, FIRE HOLDUP
AND AUTOMATIC DIALER ALARM SYSTEMS
The purpose of this ordinance is to provide minimum standards and regulations applicable to users and installers of burglar, fire, hold-up.and automatic telephone dialer alarms within the Town of Middlebury, to provide penalties for noncompliance, and to encourage the installation of protective alarm systems in all dwellings and commercial structures.
This ordinance shall be known and may be cited as an Ordinance Regulating Burglar, Hold-up, and Fire Alarm Systems and Users.
SECTION 1. DEFINITIONS.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning giving herein. When not inconsistent with the context, words used in the present
tense include the future, words used 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
SECTION 2. INSTALLATION REGISTRATION
SECTION 3. ELECTRICAL PERMIT TO INSTALL
SECTION 4. EXISTING AUTOMATIC DIALING.ALARMS
SECTION 5. PROGRA1vfMING AUTOMATIC DIALING ALARMS
SECTION 6. AUTOMATIC DIALING ALARM TO THE POLICE
No person, firm or corporation shall install an automatic telephone dialing device within the Town of Middlebury terminating at the Middlebury Police Department after the effective date of this ordinance.
SECTION 7. AUDIBLE ALARM RESTRICTION
All alarm systems, as defined in this chapter, which sound an audible signal which may be heard outside of the protected premises, shall be equipped with a device which shall limit the duratiop. of such audible signal to not more than thirty (30) minutes in accordance with.Section 22a-69-5. 1of the Administrative Regulations of the Department of Environmental Protection of the State of Connecticut.
SECTION 8. FALSE ALARM LIMITATION
A maximum of three (3) false alarms per town fiscal year (July 1 to June 30) shall be allowed from any alann system to any person, firm or corporation. Upon receipt of a sixth false alann and for each false alann thereafter during the fiscal year, a user fee shall be assessed by the chief of police in the amount of seventy-five dollars ($75.00). Alarms originating from any building owned or operated by the Town of Middlebury shall be exempt from the user fee requirements.
SECTION 9. ENFORCENT GENERALLY; PERFORMANCE STANDARDS
Enforcement and administration of this ordinance shall be the function of the chief of police, except · that the fire marshal shall have jurisdiction over t:Jie fire alarm systems and shall be accomplished as is provided in either or both of the following two (2) sections.
SECTION 10. PENALTIES
Any person, firm or corporation found to be in violation of the Section 6 shall be fined one-hundred dollars ($100.00).
Inaccordance with General State Statute Section 7-157, this Ordinance shall become effective fifteen (1-5) days after publication of a Legal Notice.
This Ordinance is effective October 24, 1994. Recorded inVolume 8, Page 4.
See Page 93 for Amendment to Ordinance concerning Burglar, Fire Hold-Up and Automatic Dialer Alarm System approved at a Special Town Meeting July 29, 2009 injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
SECTION 19. COMPENSATORY ACTION.
In lieu of enforcement proceedings, . penalties, and remedies authorized by this Ordinance, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
SECTION 20. VIOLATIONS DEEMED A PUBLIC NUISANCE .
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
SECTION 21. CRIMINAL PROSECUTION
Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $100.00 dollars per violation per day and/or imprisonment for a period of time not to exceed 30 days.
The authorized enforcement agency may recover all attorneys' fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.
SECTION 22. REMEDIES NOT EXCLUSIVE
The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. ·
SECTION 23. ADOPTION OF ORDINANCE
Effective Date: August 16, 2007
Adopted at the July 24, 2007 Town Meeting I See Vol. 8, Pg. 183 of the Town of Middlebury Town Records Book.
AMENDMEN T TO ORDINANCE CONCERNING BURGLAR, FIRE HOLD-UP AND AUTOMATIC DIALER ALARM SYSTEMS
To amend the Town of Middlebury Ordinance concerning Burglar, Fire, Hold-up and Automatic Dialer Alarm Systems, Section 8. False Alann Limitation to state: "A maximum of three (3) false alarms per town fiscal year (July 1 to June 30) shall be allowed from any alann system to any person, firm or corporation. Upon receipt of the fourth false alarm during the fiscal year, a use fee shall be assessed by the Chief of Police in the amount of Fifty Dollars ($50.00); upon the fifth false alarm, a use fee shall be assessed in the amount of Seventy-Five Dollars ($75.00); and upon the sixth and each additional false alarm calls within the fiscal year, a use fee shall be assessed in the amount of One Hundred Dollars ($100.00). Alarms originating from any building owned or operated by the Town of Middlebury shall be exempt from the user fee requirements" .
200 Southford Road
Middlebury, CT 06762