[HISTORY: Adopted by the Town Meeting of the Town of Foxborough as Art. V, § 8, of the General Bylaws. Amendments noted where applicable.]
For the purpose of this bylaw, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- 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 and 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 ordinance.
- ALARM USER or USER
- Any person on whose premises an alarm system is maintained within the Town except for alarm systems on motor vehicles or proprietary systems. Excluded from this definition and from the coverage of this bylaw are central station personnel and persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located or an attempted unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of "alarm system" as that term is used in this bylaw and shall be subject to this bylaw.
- AUTOMATIC DIALING DEVICE
- Refers to 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 designed to detect.
- CENTRAL STATION
- An office to which remote alarm and supervisory signaling devices are connected, where operators supervise circuits or where guards are maintained continuously to investigate signals.
- COMMUNICATIONS CONSOLE
- The instrumentation of an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, indicates activation of an alarm system at a particular location, or which indicates line trouble.
- DIRECT CONNECT
- An alarm system which has the capability of transmitting system signals to and receiving them at the Foxborough Police Department Communication Center.
- A. The activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of the user of an alarm system or of his employees or agents;
- B. Any signal or oral communication transmitted to the Police Department requesting, or requiring, or resulting in a response on the part of the Police Department when in fact there has been no unauthorized intrusion or attempted unauthorized intrusion into a premises and no attempted robbery or burglary at a premises. Excluded from this definition are activations of alarm systems caused by power outages, hurricanes, tornadoes, earthquakes, and similar conditions.
- To connect an alarm system to a voice-grade telephone line, either directly or through a mechanical device that utilized a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
- POLICE CHIEF
- The Chief of Police of the Town of Foxborough or his designated representative.
- POLICE or POLICE DEPARTMENT
- The Town of Foxborough Police Department or any authorized agent thereof.
- The Town of Foxborough.
The Police Chief may promulgate such rules as may be necessary for the implementation of the law.
Alarm systems may be connected to the communications console in the Police Department.
The alarm company shall furnish, at no cost to the Town, a communications console and the necessary telephone lines which are compatible to the receipt of alarm signals from alarm systems whose lines are connected to the Police Department. The alarm company shall set forth the annual fee each alarm user will be required to pay the alarm company for services rendered with respect to the communication console. Such services shall be set forth in the form of a written contract between the alarm company and each alarm user. The provisions of this section relate solely to the aforementioned communication console, connection to the said console by alarm users, and fees and charges related to the installation and maintenance of the console. Any alarm user may contract with any alarm company of his choice for the sale, installation, maintenance, and/or servicing of the alarm system to be installed on his premises.
The alarm user, or the alarm business contracting for servicing the alarm user's alarm system, shall be responsible for obtaining the leased telephone line between the alarm user's premises and alarm-receiving equipment at the Police Department and for furnishing the appropriate interface equipment, if required, in order to provide an input signal which is compatible with the receiving equipment used to operate the communications console.
Every alarm user shall submit to the Police Chief the names and telephone numbers of at least two other persons who can be reached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system and who can open the premises wherein the alarm system is installed.
All alarm systems shall be equipped with a test device which will give a ten-second delay prior to alarm system activation in order to warn the alarm user of an open alarm circuit.
Within six months from the effective date of this bylaw, all alarm systems which use an audible horn or bell shall be equipped with a device which will shut off such horn or bell within 10 minutes after activation of the alarm system.
All alarm systems installed after the effective date of this bylaw which use an audible horn or bell shall be equipped with a device that will shut off such horn or bell within 10 minutes after activation of the alarm system.
No alarm system designed to transmit emergency messages directly to the police department shall be worked on, tested or demonstrated without obtaining permission from the Police Chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the police department. An unauthorized test constitutes a false alarm.
When emergency messages are received by the Police Department that evidence false alarms, the Police Chief shall take such action as may be appropriate under Subsections B, C, D and E of this section and, when so required by the terms of the aforementioned paragraphs, order that use of an alarm system be discontinued.
After the Police Department has recorded three separate false alarms within the calendar year from an alarm system, the Police Chief shall notify the alarm user, in writing and by certified mail, of such fact and require the said user to submit, within 15 days after receipt of such notice, a report describing efforts to discover and eliminate the cause or causes of the false alarms. If the said user, on the basis of absence from the Town, or on any other reasonable basis, requests an extension of time for filing the report, the Police Chief may extend the fifteen-day period for a reasonable period. If the said user fails to submit such a written report within 15 days or within any such extended period, the Police Chief shall order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within 15 days from the date of receipt of the Police Chief's order.
In the event that the Police Chief determines that a report submitted in accordance with Subsection B of this section is unsatisfactory, or that the alarm user has failed to show by the report that he has taken or will take reasonable steps to eliminate or reduce false alarms, then the Police Chief shall order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within 15 days from the date of receipt of the Police Chief's order.
In the event that the Police Department records five false alarms within the calendar year from an alarm system, the Police Chief may order that the user of the alarm system discontinue use of the alarm system for the calendar year, but for not less than six months from the date the alarm was disconnected. In the event that the Police Department records eight false alarms within the calendar year from an alarm system, the Police Chief shall order that the user of the alarm system discontinue use of the alarm system for the calendar year, but for not less than six months from the date the alarm was disconnected.
Any user of an alarm system which transmits false alarms shall be assessed a fine of $25 for each false alarm in excess of three occurring within the calendar year. Upon failure of the user of an alarm system to pay two consecutive fines assessed hereunder within 60 days of assessment, the Police Chief shall order that the user discontinue use of the alarm system. Any such discontinuance shall be effectuated within 15 days from the date of receipt of the Police Chief's order.
Any user of an alarm system who has, in accordance with this section, been ordered by the Police Chief to discontinue use of an alarm system may appeal the order of discontinuance to the Board of Selectmen. Notice of an appeal shall be filed with the Board of Selectmen within 10 days of the date of the order of discontinuance. Thereafter, the Board shall consider the merits of the appeal, and in connection therewith shall hear evidence presented by all interested persons. After hearing such evidence, the Board may affirm, vacate or modify the order of discontinuance.
Unpaid fines for false burglar alarms shall be known as municipal charge liens. The acceptance of this provision will allow the Collector of Taxes to add the unpaid fines to tax bills under the provisions of MGL c. 40, § 58.
The following acts and omissions shall constitute violations of this bylaw punishable as set forth in Chapter 1, Article II, § 1-4, of the Town Code:
Failure to obey an order of the Police Chief to discontinue use of an alarm system, after exhaustion of the right of appeal;
Failure to disconnect an automatic dialing service from any telephone numbers at the Police Department within six months after the effective date of this bylaw;
Failure to pay two or more consecutive fines assessed under this bylaw within 60 days from the date of assessment;
Each day during which the aforesaid violations continue shall constitute a separate offense.