Town of Braintree, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Braintree 12-7-2010 by Ord. No. 10-040 (former Ch. 8.04 of the Town Bylaws, which derived from prior code Ch. 68). Amendments noted where applicable.]
GENERAL REFERENCES
Fire alarm and fire protection systems — See Ch. 8.300.
False alarms have a deleterious effect on the local law enforcement effort. They are costly and disruptive; costly in the sense of the deployment of our people to non-bona fide calls, detrimental by subjecting our personnel and equipment to injury or other negative impacts when responding. They cause a drain on the allocation of personnel to designated areas by leaving certain other areas of the Town vulnerable. This is a situation that must be met, modified and dealt with in a manner consistent with the efficient and effective running of the Braintree Police Department, by specific means as set forth herein.
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMATIC DIALING DEVICE
An alarm system which automatically sends, over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designated to detect.
BURGLAR ALARM SYSTEM
An assembly of equipment and devices, or a single device such as a solid state unit, which plugs directly into a 110 volt AC line, arranged to signal the presence of a hazard requiring urgent attention to which police are expected to respond. Fire alarm systems and alarm systems which monitor temperature, smoke, humidity, or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this chapter. Provisions of § 8.100.030C of this chapter shall apply to all users.
[1]
A. 
The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or his employees or agents.
B. 
Any signal or automatic dialing device transmitted to the Braintree Police Department requesting, or requiring, or resulting in a response on the part of the Braintree Police Department when in fact there has been no unauthorized intrusion, robbery, or burglary, or attempted threat. For the purpose of this definition, activation of alarm systems by acts of God, including but not limited to power outages, hurricanes, tornadoes, earthquakes, and similar weather or atmospheric disturbances, shall not be deemed to be a false alarm.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).
A. 
Every alarm user shall submit, to the Police Chief, the names and telephone numbers of at least two other persons, in addition to the user, who are authorized to respond, after notification by the Police Department, to an emergency signal transmitted by an alarm system and who can open the premises wherein the alarm system is installed. It shall be incumbent upon the owner of such premises to immediately notify the Braintree Police Department of any changes in the list of authorized employees or other persons to respond to alarms.
B. 
All alarm systems installed after the effective date of this chapter which use an audible horn or bell shall be equipped with a device that will shut off such bell or horn within 15 minutes after activation of the alarm system. All existing alarm systems in the Town must have a shutoff device installed within six months after passage of this chapter.
C. 
Any alarm system emitting a continuous and uninterrupted signal for more than 15 minutes between 7:00 p.m. and 6:00 a.m. which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under Subsection A of this section and which disturbs the peace, comfort or repose of a community, a neighborhood, or a considerable number of inhabitants of the area where the alarm system is located shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Braintree Police Department shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under Subsection A of this section, in an effort to abate the nuisance. The Police Chief shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
D. 
No alarm system which is designed to transmit emergency messages or signals of intrusion to the Braintree Police Department will be tested until police headquarters has been notified.
E. 
Provisions of this chapter shall not apply to alarm devices or premises owned or controlled by the Town, nor to alarm devices installed in a motor vehicle or trailer.
A. 
The user shall be assessed $50 as a false alarm service fee for each false alarm in excess of three occurring in a calendar year. The Police Chief shall notify the alarm user, either by certified mail or by service in hand by a police officer, of such violation. The user shall submit payment within 15 days of such notice to the Town Treasurer/Collector for deposit to the general fund. If the user fails to pay the fee within 15 days, the assessed fee shall be doubled, up to a maximum of $300.
B. 
The user of a system which occasions six or more false alarms within a calendar year or who fails to pay the fee(s) after such notice may be ordered to disconnect and otherwise discontinue the use of same by the Police Chief. The order to disconnect shall not eliminate any fees previously assessed.[2]
[2]
Note: This section was previously amended STM 5-5-2003 by Art. 12.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).