[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:
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.
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.
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.
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).