|
|
|
General
Communications Department Roster |
ARTICLE 24
Alarm By-Law
Alarm By-Law
24.1. PREAMBLE
It is determined that the number of false alarms being made to the Police and Fire Department hinders the efficiency of those departments, lowers the morale of department personnel, constitutes a danger to the general public in the streets during responses to false alarms, and jeopardizes the response of volunteers; and that the adoption of this By-Law will reduce the number of false alarms and promote the responsible use of alarm devices in the Town of Belmont
24.2. DEFINITIONS
For the purpose of this By-Law the following definitions shall apply:
24.2.1 Alarm Device—Any device which when activated by a criminal act,
fire or other emergency calling for Police or Fire Department response:
(a) transmits a signal to the Town of Belmont’s Public Safety
Communications Center; (b) transmits a signal to a person who relays
information to the Town of Belmont’s Public Safety Communications
Center; or (c) produces an audible or visible signal to which the Police
or Fire Departments are likely to respond. Excluded from this definition
and the scope of this By-Law are devices which are designated to alert
or signal only persons within the premises in which the device is
installed;
24.2.2 Alarm User—The owner of any premises on which an alarm device is
used, provided that an occupant who expressly accepts responsibility for
an alarm device by registration pursuant to Section 24.5 shall be deemed
the alarm user;
24.2.3 Automatic Dial Alarm—A telephone or device or attachment that mechanically or electronically selects a telephone line to Town of Belmont’s Public Safety Communications Center and reproduces a prerecorded voice message to report a criminal act, fire or other emergency calling for Police or Fire Department response. Excluded from this definition are devices which relay a digital-coded signal to Town of Belmont’s Public Safety Communications Center;
24.2.4 Contractor—Any firm or corporation in the business of supplying and installing alarm devices or servicing the same;
24.2.5 False Alarm—Any activation of an alarm device to which the Police or Fire Department responds and which is not caused by a criminal act, fire or other emergency, except an activation caused by: (a) malfunction of telephone company equipment or lines as verified by monitoring facilities at Town of Belmont’s Public Safety Communications Center; (b) power failure as verified by the Administrator; or (c) an actual water flow or release from a fire suppression system. A series of such activations attributable to the same cause and occurring under circumstances beyond the control of the responsible alarm user shall be deemed a single false alarm;
24.2.6 Master Box—A device either wired or wireless designed to transmit a signal to the Town of Belmont Public Safety Communications Center via municipal alarm circuits or radio receiving equipment; and
24.2.7 Municipal Master Box—A Master Box owned by the Town of Belmont, Belmont Public Schools, Belmont Municipal Light Department or facilities owned or operated by the Belmont Housing Authority.
24.2.3 Automatic Dial Alarm—A telephone or device or attachment that mechanically or electronically selects a telephone line to Town of Belmont’s Public Safety Communications Center and reproduces a prerecorded voice message to report a criminal act, fire or other emergency calling for Police or Fire Department response. Excluded from this definition are devices which relay a digital-coded signal to Town of Belmont’s Public Safety Communications Center;
24.2.4 Contractor—Any firm or corporation in the business of supplying and installing alarm devices or servicing the same;
24.2.5 False Alarm—Any activation of an alarm device to which the Police or Fire Department responds and which is not caused by a criminal act, fire or other emergency, except an activation caused by: (a) malfunction of telephone company equipment or lines as verified by monitoring facilities at Town of Belmont’s Public Safety Communications Center; (b) power failure as verified by the Administrator; or (c) an actual water flow or release from a fire suppression system. A series of such activations attributable to the same cause and occurring under circumstances beyond the control of the responsible alarm user shall be deemed a single false alarm;
24.2.6 Master Box—A device either wired or wireless designed to transmit a signal to the Town of Belmont Public Safety Communications Center via municipal alarm circuits or radio receiving equipment; and
24.2.7 Municipal Master Box—A Master Box owned by the Town of Belmont, Belmont Public Schools, Belmont Municipal Light Department or facilities owned or operated by the Belmont Housing Authority.
24.3. ADMINISTRATOR
24.3.1 There shall be in the Town an Administrator for alarm devices who
shall have the power and duties granted under this By-Law.
24.3.2 The Chief of Police or his designee shall be the Administrator under the direction and control of the Board of Selectmen which is authorized to adopt regulations for the administration of this By-Law.
24.3.2 The Chief of Police or his designee shall be the Administrator under the direction and control of the Board of Selectmen which is authorized to adopt regulations for the administration of this By-Law.
24.4. ALARM APPEAL BOARD
24.4.1 There shall be in the Town an Alarm Appeal Board which shall have
the powers and duties granted to it under this By-Law.
24.4.2 The Alarm Appeal Board shall consist of the Board of Selectmen.
24.4.2 The Alarm Appeal Board shall consist of the Board of Selectmen.
24.5. REGISTRATION REQUIRED
24.5.1 Each alarm user shall register his alarm device or devices with
the Administrator prior to use and annually as described below, provided
that alarm devices in use on the effective date of this By-Law may be
registered not later than sixty (60) days from such date.
24.6 REGISTRATION PROCEDURE
24.6.1 The administrator will provide a registration form which states
the terms of use of alarm devices in Belmont. A person wishing to use an
alarm device is required to agree to these terms. The registration form
will include the user’s name, the name of the user’s alarm contractor,
if any, and any reasonable information required by the administrator.
Alarm devices in use on the effective date of this bylaw must be
registered within sixty (60) days of that date.
New alarm devices must be registered before use. Alarm devices must be registered each year by June 5th, for the year beginning the following July 1. The administrator will provide registrants evidence of proper registration.
24.6.2 It shall be the responsibility of each alarm user to notify the Administrator in writing of changes in registration information.
24.6.3 Initial and annual registration shall be accompanied by a fee as follows:
New alarm devices must be registered before use. Alarm devices must be registered each year by June 5th, for the year beginning the following July 1. The administrator will provide registrants evidence of proper registration.
24.6.2 It shall be the responsibility of each alarm user to notify the Administrator in writing of changes in registration information.
24.6.3 Initial and annual registration shall be accompanied by a fee as follows:
(a) Alarm registration: $25.00;
(b) Master box registration: $250.00 per master box and an additional
$250.00 for each building connected to a master box beyond the initial
building; and
(c) Municipal Master Box registration: No Fee.
24.7 CONFIDENTIAL INFORMATION
24.7.1 All information in the possession of the Administrator, the Police Department or the Fire Department concerning particular alarm users and particular alarm devices shall be confidential and shall not be divulged without the written consent of the alarm user or users concerned.
24.8 AUTOMATIC DIAL ALARM — INTERCONNECTION TO TOWN OF BELMONT’S PUBLIC
SAFETY COMMUNICATIONS CENTER
24.8.1 No automatic dial alarm may be installed after the effective date
of this By-Law without the prior approval of the Administrator.
24.8.2 Within six (6) months after the effective date of this By-Law, all automatic dial alarms presently in use shall be reprogrammed to dial a designated number within the Town of Belmont’s Public Safety Communications Center. The automatic dial alarm shall be regulated so as not to repeat the message more than two (2) times. Service for having automatic dial alarms reprogrammed and regulated shall be at the user’s expense.
24.8.2 Within six (6) months after the effective date of this By-Law, all automatic dial alarms presently in use shall be reprogrammed to dial a designated number within the Town of Belmont’s Public Safety Communications Center. The automatic dial alarm shall be regulated so as not to repeat the message more than two (2) times. Service for having automatic dial alarms reprogrammed and regulated shall be at the user’s expense.
24.9 EXTERIOR AUDIBLE DEVICES
24.9.1 Unless required by law, no alarm device which produces an
exterior audible signal shall be installed unless its operation is
automatically restricted to a maximum of twenty (20) minutes. Any alarm
device in use as of the effective date of this By-Law must comply with
this section within one hundred eighty (180) days of such date.
24.9.2 Where an audible alarm continues beyond the maximum period or its activation is triggered repeatedly within a short time, the officer-in-charge of the Police Department may order the audible alarm to be silenced if it causes a disturbance of the peace unless the alarm user can correct the problem immediately. Reasonable efforts shall be made to notify the alarm user before taking this action.
24.9.2 Where an audible alarm continues beyond the maximum period or its activation is triggered repeatedly within a short time, the officer-in-charge of the Police Department may order the audible alarm to be silenced if it causes a disturbance of the peace unless the alarm user can correct the problem immediately. Reasonable efforts shall be made to notify the alarm user before taking this action.
24.10 DISCONTINUING ALARM RESPONSE
24.10.1 Where false alarm activations occur repeatedly at an address in
the course of a day, the officer-in-charge of the Fire Department, for
fire alarms, or the officer-in-charge of the Police Department, for
other alarms, may order that Police or Fire response to the location in
response to alarm activations be discontinued temporarily. When
responses to alarm activations are discontinued, the Police or Fire
officer-in-charge giving the order shall make reasonable efforts to
inform the alarm user of this action so the alarm user may take
corrective measures immediately.
24.11. REPORTING OF FALSE ALARMS
24.11.1 The Police Department and Fire Department shall determine false
alarms and report false alarms to the Administrator.
24.12 ALARM CHARGES
24.12.1 When the Administrator receives notice that the Police
Department or Fire Department has responded to a false alarm, the
Administrator shall impose a charge on the responsible alarm user
according to the following schedule:
For the first false alarm within the Town ‘s fiscal year — No Charge;
For the second such alarm — $10.00;
For the third such alarm — $25.00; and
For the fourth and subsequent such alarms — $50.00.
For the second such alarm — $10.00;
For the third such alarm — $25.00; and
For the fourth and subsequent such alarms — $50.00.
24.12.2 In addition to the provisions of Section 24.12.1, there shall be
no charge for the first false alarm occurring within one month after
installation of an alarm device, and such false alarms shall not be
considered in determining charges in accordance with the schedule set
forth in Section 24.12.1.
24.12.3 Where the Administrator determines that the Police Department or Fire Department has responded to an unregistered alarm, the Administrator shall impose a charge of $25.00 on the alarm user in addition to any false alarm charges that may be appropriate.
24.12.3 Where the Administrator determines that the Police Department or Fire Department has responded to an unregistered alarm, the Administrator shall impose a charge of $25.00 on the alarm user in addition to any false alarm charges that may be appropriate.
24.13. NOTIFICATION AND APPEAL
24.13.1 False Alarm Charges:
(a) The Administrator shall notify the responsible alarm user of any
false alarm charge by mail. Within thirty (30) days after mailing of
such notice, the alarm user may file with the Administrator information
to show that the alarm was not a false alarm within the meaning of this
By-Law;
(b) The Administrator shall consider such information, reaffirm or rescind the false alarm charge, and notify the alarm user of his decision by mail. Within thirty (30) days after the mailing of such notice, the alarm user may file with the Alarm Appeal Board an appeal in writing; and
(c) In addition, for good cause shown, the Administrator may reduce to one charge multiple charges that are due because of alarm activations occurring during a 24-hour period.
(b) The Administrator shall consider such information, reaffirm or rescind the false alarm charge, and notify the alarm user of his decision by mail. Within thirty (30) days after the mailing of such notice, the alarm user may file with the Alarm Appeal Board an appeal in writing; and
(c) In addition, for good cause shown, the Administrator may reduce to one charge multiple charges that are due because of alarm activations occurring during a 24-hour period.
24.13.2 Appeal to the Alarm Appeal Board
Upon receipt of a timely appeal from a false alarm charge, the Alarm Appeal Board shall hold a hearing to consider it and shall mail notice of the time and place of said hearing to the alarm user taking the appeal at his last known address at least fifteen (15) days before the hearing. On the basis of information provided by the alarm user and other information introduced at the hearing, the Board shall affirm the charge if it finds that the charge was properly imposed or rescind the charge if the charge was not properly imposed.
24.13.3 Notice to Include Instructions
Each notice of a false alarm charge or the reaffirmation of such a charge by the Administrator shall refer to and provide instruction concerning the alarm user’s right to further recourse by filing information with the Administrator or an appeal with the Alarm Appeal Board, as the case may be.
Upon receipt of a timely appeal from a false alarm charge, the Alarm Appeal Board shall hold a hearing to consider it and shall mail notice of the time and place of said hearing to the alarm user taking the appeal at his last known address at least fifteen (15) days before the hearing. On the basis of information provided by the alarm user and other information introduced at the hearing, the Board shall affirm the charge if it finds that the charge was properly imposed or rescind the charge if the charge was not properly imposed.
24.13.3 Notice to Include Instructions
Each notice of a false alarm charge or the reaffirmation of such a charge by the Administrator shall refer to and provide instruction concerning the alarm user’s right to further recourse by filing information with the Administrator or an appeal with the Alarm Appeal Board, as the case may be.
24.14 APPEAL FEES
24.14.1 There shall be a fee of $10.00 for each appeal to the Alarm
Appeal Board.
24.14.2 The amount of the fee for taking an appeal may be raised or lowered from time to time at the discretion of the Alarm Appeal Board.
24.14.2 The amount of the fee for taking an appeal may be raised or lowered from time to time at the discretion of the Alarm Appeal Board.
24.15. CHARGES AND FEES PAID INTO GENERAL FUND
24.15.1 Charges for false alarms, registration fees and appeal fees will
be collected by the Administrator and deposited in the general fund.
24.16. TOWN ASSUMES NO RESPONSIBILITY FOR ALARM DEVICES
24.16.1 Notwithstanding the provisions of this By-Law, the Town, its departments, officers, agents and employees shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of any alarm device or of the alarm monitoring facilities at the Town of Belmont’s Public Safety Communications Center. No liability whatsoever is assumed for the failure of such alarm devices or monitoring facilities, or for failure to respond to alarms or for any other act or omission in connection with such alarm devices. Each alarm user shall be deemed to hold and save harmless the Town, its departments, officers, agents and employees from liability in connection with the alarm user’s alarm device.
24.17. PENALTY FOR CERTAIN VIOLATIONS
24.17.1 Any person who performs or causes to be performed any one of the following acts shall be subject to a fine of up to One Hundred Dollars ($100) for each such act:
(a) intentional causing of a false alarm;
(b) failure to register an alarm device or give notice of changes in registration information as required by this ordinance; each day of such failure shall constitute a separate violation;
(c) use of automatic dial alarm or an exterior audible alarm device in violation of the provisions of this By-Law; each day of such use shall constitute a separate violation; and
(d) failure to pay a charge levied by the Administrator acting under Section 24.12 within thirty (30) days after the mailing of a notice of charge unless reconsideration is sought pursuant to Section 24.12.1(a); if reconsideration is denied, failure to pay such charge within thirty (30) days of the Administrator’s decision on reconsideration unless an appeal is sought pursuant to Section 24.12.1(b); and if an appeal is denied, failure to pay such charge within fifteen (15) days of the Alarm Appeal Board’s mailing of its decision affirming the charge.
(b) failure to register an alarm device or give notice of changes in registration information as required by this ordinance; each day of such failure shall constitute a separate violation;
(c) use of automatic dial alarm or an exterior audible alarm device in violation of the provisions of this By-Law; each day of such use shall constitute a separate violation; and
(d) failure to pay a charge levied by the Administrator acting under Section 24.12 within thirty (30) days after the mailing of a notice of charge unless reconsideration is sought pursuant to Section 24.12.1(a); if reconsideration is denied, failure to pay such charge within thirty (30) days of the Administrator’s decision on reconsideration unless an appeal is sought pursuant to Section 24.12.1(b); and if an appeal is denied, failure to pay such charge within fifteen (15) days of the Alarm Appeal Board’s mailing of its decision affirming the charge.
24.18. ENFORCEMENT OF THIS BY-LAW
24.18.1 The Town, at the election of the Administrator, may institute
civil or criminal proceedings to enforce the provision of this By-Law.
24.18.2 The Administrator may order that response to alarm activations at a location be discontinued when: (a) an alarm user fails after notice to register an alarm device and fails to appear in response to criminal or civil action taken against the alarm user; (b) an alarm user fails to pay a charge or charges due and fails to appear in response to civil or criminal action taken against the alarm user; or (c) the alarm user repeatedly fails, after notice from the alarm Administrator, to correct defects in the alarm device or mistakes made in the use of an alarm device and the Administrator determines that the purpose of this By-Law as set forth in the Preamble will be best served by discontinuing response.
24.18.3 The Administrator may order that a Master Box be disconnected from the Town’s municipal wires or removed from receiving equipment when: (a) an alarm user fails after notice to register an alarm device and fails to appear in response to criminal or civil action taken against the alarm user; (b) an alarm user fails to pay a charge or charges due and fails to appear in response to civil or criminal action taken against the alarm user; (c) the alarm user repeatedly fails, after notice from the alarm Administrator, to correct defects in the alarm device or mistakes made in the use of an alarm device; or (d) where the alarm users Master Box or equipment causes interference with other users and the Administrator determines that the purpose of this By-Law as set forth in the Preamble will be best served by disconnecting the Master Box.
24.18.4 The Administrator shall take reasonable steps to inform the alarm user in advance that responses will be discontinued or disconnected and the actions that the alarm user must take in order to prevent alarm response from being discontinued or the Master Box from being disconnected.
24.18.2 The Administrator may order that response to alarm activations at a location be discontinued when: (a) an alarm user fails after notice to register an alarm device and fails to appear in response to criminal or civil action taken against the alarm user; (b) an alarm user fails to pay a charge or charges due and fails to appear in response to civil or criminal action taken against the alarm user; or (c) the alarm user repeatedly fails, after notice from the alarm Administrator, to correct defects in the alarm device or mistakes made in the use of an alarm device and the Administrator determines that the purpose of this By-Law as set forth in the Preamble will be best served by discontinuing response.
24.18.3 The Administrator may order that a Master Box be disconnected from the Town’s municipal wires or removed from receiving equipment when: (a) an alarm user fails after notice to register an alarm device and fails to appear in response to criminal or civil action taken against the alarm user; (b) an alarm user fails to pay a charge or charges due and fails to appear in response to civil or criminal action taken against the alarm user; (c) the alarm user repeatedly fails, after notice from the alarm Administrator, to correct defects in the alarm device or mistakes made in the use of an alarm device; or (d) where the alarm users Master Box or equipment causes interference with other users and the Administrator determines that the purpose of this By-Law as set forth in the Preamble will be best served by disconnecting the Master Box.
24.18.4 The Administrator shall take reasonable steps to inform the alarm user in advance that responses will be discontinued or disconnected and the actions that the alarm user must take in order to prevent alarm response from being discontinued or the Master Box from being disconnected.
24.19. EXCEPTIONS
24.19.1 The provisions of this By-Law shall not apply to alarm devices on premises owned or controlled by the Town, nor to alarm devices installed in a motor vehicle or trailer.
24.20 SEVERABILITY
24.20.1 The invalidity of any part or parts of this By-Law shall not affect the validity of the remaining parts.
Article 24 amended at April 26, 2004, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on August 19, 2004.
|
HOME | WELCOME | DEPARTMENT HISTORY | WHAT'S NEW? | ANNUAL REPORTS | COMMUNITY POLICING | CRIME AND ARREST LOG |CRIME TIME LIVE | PRESS RELEASES | SAFETY BRIEFS | UCR STATISTICS | LINKS | CRIME PREVENTION | DARE DETECTIVE DIVISION | DOMESTIC VIOLENCE UNIT | TRAFFIC DIVISION | WARRANT TEAM 911-COMMUNICATIONS | CONTACT US | CREDITS Please send your comments to the BPD Webmaster or email the Chief Please!! Help keep BPD Online accurate and up to date: Report any errors, outdated links, or omissions. |