[HISTORY: Adopted by the Annual Town Meeting of the Town
of Merrimack 5-16-1996 by Art. 31; amended 4-8-1997 ATM by Art. 36; last amended by Town
Council 12-7-2017. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The occupation by any natural person, cooperation, incorporated
association, partnership or other entity of selling, leasing, maintaining,
servicing, repairing, altering, replacing, removing or installing
any emergency alarm system or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved or installed any emergency
alarm system in or on any building, structure or facility. This definition
does not include a business which engages in the manufacture or sale
of an emergency alarm system unless such business services, installs,
monitors or responds to emergency alarm systems.
The design, installation, repair, alternation or maintenance
of emergency alarm systems.
Any person on whose premises an emergency alarm system is
maintained within the Town of Merrimack, except for alarm systems
on motor vehicles or proprietary alarm systems.
A telephone answering service which provides the service
of receiving signals from emergency alarm systems and thereafter immediately
relays the message by live voice to the emergency alarm monitoring
facility.
A person who files an application of a new or renewal permit
as provided by this chapter.
Any facility which is privately owned, or owns or leases
emergency alarm systems and whose facility is staffed by employees
who receive, record or validate alarm signals and relay the information
of such signals to the Merrimack Police Department Communications
Division by any means.
An alarm system which automatically selects a telephone line
connected to a Central Alarm Station and reproduces a prerecorded
voice message or coded signal indicating the existence of an emergency
situation that the emergency alarm system is designed to detect.
Any system which is directly connected to the alarm processing
unit within the central alarm station.
An assembly of equipment and devices, or a single device,
designed to transmit a signal indicating an actual or perceived emergency
situation requiring urgent attention and to which emergency personnel
are expected to respond. For purposes of this chapter, an "emergency
alarm system" shall not include residential smoke, fire and carbon
monoxide detectors. In this chapter, the term "emergency alarm system"
shall include the terms, "dial alarm," "direct alarm," "local alarm"
and "manual alarm," as those terms are hereinafter defined.
Any activation of an emergency alarm system to which the
Town of Merrimack emergency services personnel respond and which is
not the result of an actual or perceived emergency or situation requiring
the assistance of emergency services personnel. Excluded from this
definition are:
Alarms occurring during electrical storms, hurricanes, tornados,
blizzards and acts of God;
The intermittent disruption or disruption of the telephone circuits
beyond the control of the alarm company and/or alarm user;
Electrical power disruption or failure beyond the control of
the alarm company and/or alarm user;
Alarms caused by a failure of the equipment at the central alarm
station; or
Other extraordinary circumstances not reasonably subject to
control by the permit holder.
The Chief of the Merrimack Fire Department or a named and
authorized designee.
Any alarm system not connected to a central alarm station
or answering service which, when activated, operates an audible and/or
visual signaling device at the premises within which the emergency
alarm system is installed.
Any emergency alarm system by which the activation of the
alarm is initiated by the direct action of the alarm user, his agents
or employees and is installed to elicit a police, fire or medical
response to an actual or perceived emergency situation.
Any person who shall be granted a permit as provided in this
chapter and his or her agents or representatives.
Any natural person, corporation, unincorporated association,
partnership or other legal entity.
The Chief of the Merrimack Police Department or a named and
authorized designee.
Any and all alarm systems, sounding and/or recording alarms
and supervisory signals at a control center located within the protected
premises, the control center being under the supervision of the proprietor
of the protected premises or his employees or agents. If a proprietary
alarm system includes a signal line connected directly to a central
station or answering service, it thereby becomes an emergency alarm
system as defined by this chapter.
The Town of Merrimack, New Hampshire.
For purposes of determining the total number of false alarms,
this is the period that spans 12 rolling calendar months from the
date of the first and successive alarms that the Police or the Fire
Department is notified of and responds to.
A.Â
The Police Chief shall accept and approve (or deny) applications
for police-related emergency alarm systems permits.
B.Â
The Fire Chief shall accept and approve (or deny) applications for
fire-related emergency alarm systems permits.
C.Â
The Fire Chief shall accept and approve (or deny) applications for
medical emergency alarm system permits.
D.Â
Permit required. The Police Chief and the Fire Chief are hereby authorized
to issue a permit to any owner of property located within the Town
of Merrimack or the lessee thereof to maintain, install or modify
an emergency alarm system upon application to them and subject to
the following provisions:
(1)Â
All permits for emergency alarm systems shall require the approval
of the Police Chief for police-related alarms or the Fire Chief for
fire- or medical-related alarms.
(2)Â
The alarm user applying for the permit shall state on the application
his name, address and telephone number or, if the alarm user is a
corporation or legal entity, the name(s), address(es) and telephone
number(s) of the person(s) responsible for upkeep, maintenance and
operation of the emergency alarm system and any other information
that the Police Chief or the Fire Chief may deem necessary.
(3)Â
The Police Chief or the Fire Chief, upon application to them for
a permit, shall, in their sound judgment, determine whether the application
conforms to the requirements of this chapter and that the facts stated
therein are true and accurate. The Police Chief or the Fire Chief
may cause such system to be inspected and/or tested to determine that
the system is reasonably operational.
(4)Â
Any false statement 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)Â
Any alarm permit cannot be transferred or assigned to another person.
A permit holder shall inform the Police Chief or the Fire Chief of
any change that alters any information listed on the permit application
within five business days. No fee will be assessed for such changes.
(6)Â
All fees owed by an applicant must be paid before a permit may be
issued or renewed.
A.Â
Anyone applying for an emergency alarm system permit must complete
the application form and return it to the Police Chief for police-related
alarms or the Fire Chief for fire- and medical-related alarms, with
a one-time permit fee of $10. A separate emergency alarm permit shall
be required for each individual emergency alarm system in any single
location, although only one permit fee will be required for a multiple
emergency alarm system.
B.Â
All federal, state, county or local government agencies who operate
emergency alarm systems shall be exempt from all permit fees but shall
comply with all other requirements of this chapter.
C.Â
All persons 65 years of age or older who are the principal occupant
of the private residence listed on an application for an emergency
alarm system or who are certified to be 100% medically disabled by
a state or federal government agency shall be exempt from all permit
fees but shall comply with all other requirements of this chapter.
A.Â
Maintaining an emergency alarm system without a permit.
B.Â
Operating an emergency alarm system without a permit, penalty. Any
person or alarm user who maintains or operates an emergency alarm
system without a permit and causes a false alarm as defined herein
shall be issued a warning and given 30 days to acquire a permit. Failure
to acquire a permit after 30 days or six false alarms, whichever occurs
first, will result in the alarm user being guilty of a violation and,
upon conviction, shall be fined not less than $100.
A.Â
Failure to comply with any of the provisions of this chapter may constitute grounds for the Police Chief or the Fire Chief to deny the issuance of a permit. After the Police or Fire Department has been notified of and responded to six false alarms within a one-year (twelve-month period) from any emergency alarm user, the emergency alarm system user will be notified, in writing, that continued false alarms will result in the assessment of a response fee (see § 90-9, False alarms; service charges; time limit for payment, for response fee schedule) and could result in the revocation of the emergency alarm system permit. The Police Chief or the Fire Chief may revoke the emergency alarm system permit of any emergency alarm system user who, having had six or more false alarms within a one-year (twelve-month) period, fails to take appropriate action to prevent continued false alarms from occurring.
B.Â
Any person, business, corporation, unincorporated association, partnership
or other legal entity whose emergency alarm system permit is denied
or revoked may request a hearing before the Police Chief for police-related
alarms or the Fire Chief for fire- and medical-related alarms by submitting
a request for such hearing, in writing, within 30 calendar days of
the date of denial or revocation stating therein the basis for such
request. The written request for a hearing shall be mailed or hand-delivered
to either the Police Chief or the Fire Chief.
C.Â
At the hearing before the Police Chief or the Fire Chief, the holder
of the emergency alarm system permit shall have the right to present
evidence, cross-examine witnesses and to be represented by counsel.
Such a hearing shall be informal and shall not be subject to the rules
of evidence or formal courtroom procedures.
D.Â
After the hearing, the Police Chief or the Fire Chief shall, within
five business days, either issue an order of denial or revocation
of the emergency alarm system permit or withdraw the notice of denial
or revocation and issue or reinstate the emergency alarm system permit.
E.Â
Any alarm user aggrieved by the decision of the Police Chief or the
Fire Chief to deny or revoke an emergency alarm system permit may
appeal the decision to deny or revoke said permit to the Town Manager.
Said appeal shall be requested, in writing, within 10 business days
of the decision to deny or revoke said permit, stating therein the
basis for such appeal. The request for a hearing by the Town Manager
shall be mailed or hand-delivered to the Town Manager's Office
at the Merrimack Town Offices.
F.Â
An emergency alarm system user whose permit has been denied or revoked
is not precluded under this chapter from applying for a new permit.
The Police Chief or the Fire Chief, however, shall not be required
to issue a new emergency alarm system permit unless they are satisfied
that the user's system has been properly serviced and its deficiencies
corrected. The Police Chief or the Fire Chief may also impose reasonable
restrictions and conditions upon the alarm user before issuing a new
permit. These restrictions and/or conditions shall appear on the permit,
and violation of these conditions may be cause for the revocation
of the permit.
A.Â
All alarm users to whom a permit has been issued shall keep the permit
within the protected premises for which the permit was issued.
B.Â
Any emergency alarm system permit issued under this chapter shall
be made available for inspection, suspension or revocation purposes
upon demand of the Police Chief or the Fire Chief. Each alarm business
or permit holder shall display to the Police Chief or the Fire Chief,
when requested, their record of inspection or repair of an installed
emergency alarm system.
Any alarm user who, after having an emergency alarm system permit
revoked and after exhausting his right to a hearing and appeal, fails
to disconnect his emergency alarm system shall be guilty of a violation
and, upon conviction, shall be fined not less than $100.
Any owner or lessee of property having an emergency alarm system
on his/her premises and any user of an emergency alarm system designated
and installed with the intent of eliciting a response of police, fire
or medical emergency service personnel shall pay to the Town of Merrimack
a response fee based on the following schedule for each and every
false alarm to which the emergency service personnel respond in excess
of six false alarms during a one-year (twelve-month) period:
|
Number of Alarms
|
Response Fee
(each)
|
|---|---|
|
7 to 10
|
$50
|
|
11 and up
|
$100
|
A.Â
Any alarm user, owner or lessee who possesses an emergency alarm
system permit may appeal false alarm response charges, in writing,
to the Police Chief or the Fire Chief within 10 business days after
receipt of the notice of such charge, stating therein the basis for
such appeal.
B.Â
The Police Chief or the Fire Chief may waive assessment of the service
charge when, in their judgment, reasonable attempts are being taken
to discover and eliminate the cause of the false alarms.
Any owner or lessee of property installing, renovating and upgrading
an emergency alarm system on his/her premises will not be assessed
a service charge for false alarms for 30 calendar days from the date
the emergency alarm system is put in service, provided that a permit
application is received by the Police Chief or the Fire Chief.
A.Â
Each alarm business which installs or services an emergency alarm
system shall clearly instruct the alarm user of the emergency alarm
system in the proper use and operation of the alarm system, as frequently
as necessary, especially in those factors which cause false alarms.
B.Â
Each permit holder shall maintain each emergency alarm system in
good working order, providing the necessary service to prevent false
alarms, to prevent malfunctions endangering persons or property and
to prevent other malfunctions.
The Town of Merrimack, its emergency services employees and
their agents shall take every reasonable precaution to assure that
emergency alarm system signals are given appropriate attention and
are acted upon with dispatch. Nevertheless, the Town of Merrimack,
its departments, employees and agents shall not be liable for any
defects in the operation of an emergency alarm system, for any failure
or neglect to respond appropriately upon receipt of an alarm from
such source nor for the failure or neglect of any person in connection
with the installation and operation of emergency alarm systems or
their components, the transmission of alarm signals and prerecorded
messages or the relaying of such signals and messages.
The information furnished and secured pursuant to this chapter
shall be confidential in character and 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
chapter.
