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)