False Alarm Ordinance

Adopted: March 10, 1979
Amended: March 23, 1999, June 16, 2007, June 9, 2009

1. Purpose: The purpose of this ordinance is twofold: first, to minimize false fire and police alarms signaled by private alarm systems and outside residential or business alarms that are not directly monitored by the Town of Kennebunkport; and second, to have adequate information available to respond to the alarm and to contact the owner of the property or representative in the event of a problem.
2. Definitions: Fire or police alarms are those alarms which signal a request for service by a central monitoring station, telephone digital dialer, outside bell, siren, light or horn.
3. General: For purpose of this ordinance, false fire or police alarms which are caused by events beyond the control of the owners, are not considered violations of this ordinance. Examples would include severe weather related causes, power outages and wild animal causes.
   
   False fire or police alarms which are caused by events within the control of the owners are considered violations of this ordinance. Examples would include human errors including alarms mistakenly activated by homeowners, caretakers, cleaning persons, contractors and/or other workers. False fire or police alarms caused by failure to repair a malfunctioning system, neglect, failure to maintain a system, or failure to correct problems with the system (after notice), are considered violations of this ordinance.
4. Information Required: Any owner of residential or business property or the alarm company doing the installation shall provide to the Kennebunkport Communications Department in writing prior to the activation of the alarm system the following information:
   1. Name of the owner(s) of the alarmed property;
   2. Street addresses and description of the alarmed property;
   3. Address(es) of property owner(s);
   4. Telephone number of the alarmed property;
   5. Type of alarm(s);
   6. Names and telephone numbers of two individuals who have keys to the property and are familiar with the alarm system;
   7. Alarm company’s name, address, and telephone number.
5. Severability: The invalidity of any section or provision of the ordinance shall not affect the validity of any other section or provision of this ordinance.
6. Enforcement: The Fire Chiefs, Police Chief, or any designated police or fire officer may enforce this ordinance. Any fire officer who observes a violation of this ordinance will contact the police, who may summons the property owner or person residing in the property to the District Court.
7. Civil Penalty: Any property owner or person residing in the property adjudicated in violation of this ordinance shall be liable for a civil penalty.
   
   First Offense: Written Warning
   Second Offense: Fifty Dollars  ($50.00)
   Third Offense: Two Hundred Dollars  ($200.00)
   Each Additional Offense: Five Hundred Dollars  ($500.00)
   
   For the purpose of this section, the number of false alarms shall be based upon a twelve month period.
   
   Any second or subsequent offender for a particular property who is summonsed for a violation of this ordinance may waive all court action by payment of the civil penalty to the Town within ten (10) days of the date of the summons.
   
   If the penalty is not paid and/or if court action ensues, the offender shall be liable for any and all costs incurred by the Town in enforcing this ordinance, including but not limited to court filing fees and the cost of legal counsel.
   
   Within the ten-day period, the user may appeal the imposition of the false alarm fee to the Chief of Police or designee, in the case of a police related alarm, or the Fire Chief or designee, in the case of a fire alarm, who may abate or reduce the fee upon good cause shown. The decision of the responsible Chief may be appealed to the Town Manager. The decision of the Town Manager shall be final.
8. Penalties accrue to the Town: All civil penalties collected under this ordinance shall accrue to the Town of Kennebunkport.
9. Effective Date: This ordinance shall become effective immediately upon approval by a majority vote at a Kennebunkport Town Meeting.