[HISTORY: Adopted 5-18-2004 by the Annual Town Meeting,
Art. 27. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 40.
A.
This bylaw shall be known as the "Alarm System Bylaw."
B.
The purposes of this bylaw are to reduce and eliminate
false alarm dispatch requests, to encourage alarm users and alarm
businesses to maintain the operational reliability of their alarm
systems, to establish a system of regulations and fees with respect
to alarm systems and to provide for penalties for violation of this
bylaw.
For the purposes of this bylaw, certain words
and phrases shall be construed as set forth in this article, unless
it is clear from the context that a different meaning is intended.
The person designated to administer, control, and review
alarm applications, permits, and alarm dispatch requests. The Chief
of Police shall be the alarm administrator unless otherwise designated.
The business, by an individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving, installing or monitoring an alarm system
in an alarm site.
A notification to the police that an alarm, either manual
or automatic, has been activated at a particular alarm site.
A single premises or location served by an alarm system or
systems. Each tenancy, if served by a separate alarm system in a multi-tenant
building or complex, shall be considered a separate alarm site.
A device or series of devices, including, but not limited
to, systems interconnected with radio frequency signals, which are
designed to discourage crime, by emitting or transmitting a remote
or local audible, visual or electronic signal indicating an alarm
condition. "Alarm system" does not include:
Any person, firm, partnership, corporation or other entity
which uses an alarm system at its alarm site.
The Chief of Police of the Town or the Chief's authorized
representative.
The transaction or process by which one alarm business begins
monitoring of an alarm system previously monitored by another alarm
business.
An alarm dispatch request to the police department, where
responding officers find no evidence of a criminal offense or attempted
criminal offense after having completed a timely investigation of
the alarm site. An alarm dispatch request that is cancelled by the
alarm business or the alarm user prior to the dispatch of the responding
officer shall not be considered a false alarm dispatch.
An individual, corporation, partnership, association, organization
or other legal entity.
The transaction or process by which an alarm user takes over
control of an existing alarm system that was previously controlled
by another alarm user.
An attempt, by the alarm business, or its representative,
to contact the alarm site by telephone or other electronic means,
whether or not actual contact with a person is made, before requesting
a police dispatch, in an attempt to avoid an unnecessary alarm dispatch
request.
A.
No alarm user shall operate, or cause to be operated,
an alarm system without a valid permit issued in accordance with this
bylaw. A separate permit is required for each alarm site.
B.
The annual fee for a permit or permit renewal for
an alarm site shall be set by the Town Manager. An alarm user who
applies for a new permit after July 1st will be required to pay a
pro-rated quarterly fee. The annual fee will be refunded if the application
is not approved. The permit shall be valid for a one-year period commencing
each July 1. It is the responsibility of the alarm user to submit
a renewal application prior to the permit expiration date. All fees
and any future fee increases to this bylaw will be set by the Town
Manager after consulting with the Alarm Administrator.
C.
The annual fee for a permit or permit renewal for
an alarm business shall be set by the Town Manager. The annual fee
shall not be refunded or pro rated. The permit shall be valid for
a one-year period commencing each July 1st. It is the responsibility
of the alarm business to submit a renewal application prior to the
permit expiration date.
D.
No alarm business will sell, lease, maintain, service,
repair, alter, replace, move, install or monitor an alarm system in
an alarm site or request a response to an alarm site without a valid
permit issued in accordance with this bylaw.
E.
The application form for issuance or renewal of a
permit shall be prescribed by the Alarm Administrator and shall include
the following information:
(1)
The name, address, and telephone number of the alarm
user who will be the permit holder and be responsible for the proper
maintenance and operation of the alarm system and the payment of fees
assessed under this bylaw.
(2)
Signed certification from the alarm user and the alarm
business stating:
(a)
The date of installation, conversion or takeover of
the alarm system, whichever is applicable;
(b)
The name, address, phone number, Massachusetts Alarm
Installation License Number and the Massachusetts Department of Public
Safety registration number of the alarm business performing the alarm
system installation, conversion or alarm system takeover and responsible
for providing repair service to the alarm system;
(c)
The name, address, and phone number of the alarm business
monitoring the alarm system if different from the installing alarm
business;
(d)
That a set of written operating instructions for the
alarm system, including written guidelines on how to avoid false alarms,
have been provided to the alarm user by the alarm business; and
(e)
That the alarm business has trained the alarm user
in proper use of the alarm system, including instructions on how to
avoid false alarms.
(f)
That the application shall contain the name, address
and telephone number of at least two other persons who are authorized
to respond to a signal transmitted by the alarm system within 20 minutes
under normal weather conditions and who are authorized to open the
premises on which the alarm system is installed.
(g)
That such application contains an agreement from the
alarm user in favor of the Town of Williamstown Police Department
to break into and enter the registered premises forcibly without liability
on the Town or its officers with respect to any such forcible breaking
and entering, in order to respond to such an alarm.
(h)
Any other information that enhances the efficiency
of administrating this bylaw.
(3)
That all current alarm users and alarm businesses
shall submit applications and fees by July 1st immediately following
the adoption of this bylaw.
(4)
Any false statements of a material matter made by
an applicant for the purpose of obtaining an alarm permit shall be
sufficient cause for refusal to issue a permit.
(5)
An alarm permit cannot be transferred to another person.
If an alarmed property is sold or transferred to another, the application
process for a new alarm user must be followed. An alarm user shall
inform the Alarm Administrator of any change that alters any information
listed on the permit application within five business days of such
change.
F.
An application for an alarm permit, submitted with
the permit fee, shall be processed in a timely manner by the Alarm
Administrator. The application shall be denied and the permit fee
returned if the applicant has failed to pay any fine assessed for
violating this bylaw, or if the applicant has had an alarm permit
for the alarm site suspended or revoked and the violation causing
the suspension or revocation has not been corrected, or if the alarm
system does not comply with the standards required by this bylaw,
or if the applicant has knowingly made any false, misleading or fraudulent
statements of a material fact in the application for a permit.
A.
An alarm user shall:
(1)
Maintain the alarm site and the alarm system in a
manner that will minimize or eliminate false alarm dispatches;
(2)
Respond or cause a representative to respond to the
alarm site within 20 minutes under normal weather conditions who can
provide access to the premises on which the private intrusion alarm
device is installed, who can: allow officers access to the property
to investigate, deactivate a malfunctioning alarm system and provide
security for the alarm site;
(3)
Not manually activate an alarm for any reason other
than an occurrence of an event that the alarm system was intended
to report.
(4)
Not cause any alarm system to be connected directly
to the Police Department by any means including an automatic dialer.
B.
Alarm user shall adjust the mechanism or cause the
mechanism to be adjusted so that an alarm signal audible on the exterior
of an alarm site will sound for no longer than 15 minutes after being
activated.
C.
An alarm user shall maintain a set of written operating
instructions for each alarm system at each alarm site in proximity
to the alarm panel.
D.
If the Alarm Administrator has reason to believe that
an alarm system is not being used or maintained in a manner that ensures
proper operation and suppresses false alarms, the Alarm Administrator
may require a conference with the alarm user and the alarm business
responsible for the repair of the alarm system to review the circumstances
of each false alarm. The Alarm Administrator may also require the
alarm user to attend alarm user's training that includes the importance
of false alarm reduction.
A.
The Town of Williamstown will not act as an alarm
business or permit installation of any alarm system monitoring devices
within the police station. By July 1, 2004, all alarm systems except
those owned by the Town of Williamstown or its subdivisions will be
removed from the police station and monitored privately.
B.
An alarm business performing monitoring services shall:
(1)
Report alarm signals by using telephone numbers designated
by the Alarm Administrator;
(2)
Attempt to verify every alarm signal, except a hold
up alarm activation, before requesting a police response to an alarm
signal;
(3)
Communicate alarm dispatch requests to the Town in
a manner and form determined by the Alarm Administrator;
(4)
Communicate verified cancellations of alarm dispatch
requests to the Town in a manner and form determined by the Alarm
Administrator;
(5)
Maintain for a period of at least two years following
a request for dispatch to an alarm site, records relating to the dispatch.
Records must include the name, address and phone number of the alarm
user, the alarm system zone(s) or point(s) activated, the time of
request for police dispatch and evidence that an attempt to verify
was made to the alarm site prior to the request for police dispatch,
and provide the Alarm Administrator with copies of such records upon
request.
C.
The Alarm Administrator shall:
(1)
Designate the manner, form and telephone numbers for
the communication of alarm dispatch requests;
(2)
Develop a procedure to accept verified cancellation
of alarm dispatch requests;
(3)
Promulgate such regulations as may be necessary or
required to implement and enhance the intent of this bylaw.
A.
An alarm user shall be subject to fines, warnings,
suspensions and/or revocation of permit depending on the number of
false alarm dispatches emitted from an alarm system within a twelve-month
period beginning July 1st each year, based upon the following schedule:
|
Number of False Alarm Dispatches
|
Action Taken
|
Fine
| |
|---|---|---|---|
|
1
|
Warning
|
None
| |
|
2
|
Warning
|
None
| |
|
3
|
Suspension
|
$100
| |
|
4
|
Warning of revocation
|
$100
| |
|
5 and subsequent
|
Revocation
|
$300
|
B.
Any person operating an alarm system or any alarm
business operating without a permit issued in accordance with this
bylaw shall be subject to an additional fine of $300 for each violation.
C.
An alarm dispatch request caused by actual criminal
offense, or with evidence of a criminal attempt, or resulting solely
from power outages or extreme weather conditions shall not be counted
as a false alarm dispatch.
D.
The Alarm Administrator may reinstate a suspended
permit upon receipt of acceptable evidence that the cause has been
addressed and appropriate corrective action has been taken.
E.
A person whose alarm permit has been revoked may be
issued a new permit if the person:
F.
The Alarm Administrator may require an alarm system
be equipped with a battery backup or other device so as to prevent
the signaling of a private intrusion alarm in the event of an AC power
failure.
G.
Intentional causing of a false private intrusion alarm
shall be considered a serious issue resulting in a fine of $300.
H.
Any person who has neglected any fee or fine due as
the result of this bylaw may have said fee or fines added to the Town
of Williamstown municipal tax bill for the property where the alarm
system involved is located.
I.
An alarm user can appeal a false alarm determination
to the Town Manager within 10 days of the actual event.
A.
In addition to suspension or revocation pursuant to § 8-6, the Alarm Administrator may suspend or revoke an alarm permit if it is determined that:
B.
A person commits an offense if they operate an alarm
system during the period in which their alarm permit is suspended
or revoked.
C.
Unless there is a separate indication that there is
a crime in progress, the Chief of Police or officer-in-charge of the
shift may refuse police response to an alarm dispatch request at an
alarm site for which the alarm permit has been revoked.
A.
If the Alarm Administrator denies the issuance or
renewal of a permit, or suspends, or revokes a permit, they shall
send written notice of such action and a statement of the right to
an appeal to the alarm user and the alarm business. The alarm user
may appeal the decision of the Alarm Administrator to the Town Manager
by filing a written request for a review setting forth the reasons
for the appeal within 10 days after receipt of the notice from the
Alarm Administrator. An alarm business may submit the request for
review on behalf of an alarm user. Filing a request for an appeal
shall stay the action by the Alarm Administrator suspending or revoking
a permit until the Town Manager has completed their review. If a request
for an appeal is not made within the ten-day period, the action of
the Alarm Administrator shall be final. The decision of the Town Manager
on appeals shall be final.
B.
The Town Manager shall conduct an appeal and consider
the evidence by any interested person(s). The Town Manager will render
a written decision within 30 days after the request for an appeal
hearing is filed. The Town Manager may affirm, reverse, or modify
the action of the Alarm Administrator. The decision of the Town Manager
shall be final.
A.
The Treasurer-Tax Collector, upon authorization by
the Town Manager, shall institute civil proceedings to enforce the
collection provisions of this bylaw.
B.
Any police officer of the Town may utilize the noncriminal
disposition procedure set forth in the Code of the Town of Williamstown[1] or may file an application for a criminal complaint with
the Trial Court of the Commonwealth, District Court, Northern Berkshire
Division, to enforce the provisions of this bylaw.
A.
Notwithstanding the provisions of this article, the
Town, its departments, officers, agents and employees, shall be under
no obligation whatsoever concerning the adequacy, operation, or maintenance
of any alarm system or alarm system monitoring facilities of private
contractors or within the police station.
A.
Except as otherwise required by law, the information
furnished and secured pursuant to this bylaw shall be confidential
in character, shall not be subject to public inspection and shall
be kept so that the contents thereof shall not be known except to
persons charged with the administration of this bylaw.
B.
Municipal departments of the Town of Williamstown
are exempt from fees required by this bylaw.
C.
The provisions of this bylaw are separable, and if
any article, section or subsection, sentence, clause or phrase of
this bylaw is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this bylaw.
