[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wakefield 5-5-1994 by Art. 5 (Ch. XVIII of the 1992 Bylaws). Amendments noted
where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 75.
The purpose of this chapter is to ensure the
availability of an enhanced (E-911) telephone system for its prime
purpose of quick response to emergency situations and, therefore,
to reduce false or nonemergency use of the system. The proper use
of the E-911 telephone system will allow the efficient use of available
resources (police/fire/ambulance) to respond to incidents of real
emergencies.
When the Police Department, the Fire Department
or the emergency medical services ambulance provider for the Town
of Wakefield responds to an E-911 reported emergency and determines
that the report was unnecessary or false or an improper use of the
emergency resource, a fee will be imposed upon the subscriber of the
telephone used to activate the E-911 system.
For purposes of this chapter, the following
definitions shall apply:
The Chief of Police or his/her designee shall be the administrator
for the enhanced (E-911) telephone system within the Town and shall
have the powers granted to the administrator under this chapter. The
administrator shall act under the direction and control of the Town
Council, who are authorized to adopt regulations for the administration
of this chapter.
[Added 5-10-2018 ATM
by Art. 22; amended 11-5-2018 RTM
by Art. 17]
The activation of a call upon the E-911 telephone system
when an emergency exists or the caller perceives that an emergency
exists requiring the assistance of the Police Department, the Fire
Department or the emergency medical services ambulance.
An emergency telephone number activated by dial, voice or
touch-tone dial or any telephonic or electronic device which denotes
an emergency upon the telephone system employed by the Police Department.
The activation of a call upon the E-911 telephone system
when no actual emergency exists and the caller has knowledge that
no actual emergency exists.
[Amended 5-10-2018 ATM
by Art. 22]
When the Police Department, Fire Department
or emergency medical services ambulance has responded to an emergency
each received upon the E-911 telephone system, which call is determined
to be false, the administrator shall impose the following charges
upon the subscriber of the telephone so used to initiate the call:
The administrator shall notify the telephone
subscriber of any false call charge by mail within thirty (30) days.
After the mailing of such notice, the telephone subscriber may file
with the administrator information to show that the call was not a
false call within the meaning of this chapter. The administrator shall
consider such information, reaffirm or rescind the false alarm charge
and notify the subscriber of his decision by mail. Within thirty (30)
days after the mailing of such notice, the subscriber may file a written
appeal with the Alarm Appeal Board.
Upon receipt of a timely appeal from a false alarm charge, the Alarm Appeal Board as defined by Chapter 75, Alarms, shall hold a hearing to consider the same and shall mail notice of the time and place of said hearing to the subscriber making the appeal at his last known address at least fifteen (15) days before the hearing. On the basis of information provided by the subscriber and other information introduced at the hearing, the Alarm Appeal Board shall affirm the charge if it finds that the charge was properly imposed. Each notice of a false call charge or the reaffirmation of such a charge by the administrator shall refer to and provide instructions concerning the subscriber's rights to further recourse by filing information with the administrator or an appeal to the Alarm Appeal Board, as the case may be.
[1]
Editor’s Note: Former § 112-7, Appeal fees, was
repealed 5-10-2018 ATM by Art. 22.
[Amended 5-10-2018 ATM
by Art. 22]
Charges for the false calls will be collected
by the administrator and deposited in the general fund of the town.
The town, at the election of the administrator,
may institute civil or criminal proceedings to enforce the provision
of this chapter.