[HISTORY: Adopted by the Town of Lunenburg as Art. IX, § 23,
of the Town Bylaws. Amendments noted where applicable.]
This bylaw shall be known as the "Burglar Alarm System Bylaw."
The purpose of the bylaw is to encourage alarm users and alarm businesses
to maintain the operation reliability of their alarm systems, to reduce
or eliminate false alarm dispatch requests, to establish a system
of regulations and fees with respect to burglar alarm systems, and
to provide for penalties for violations of this bylaw.
For the purposes of this bylaw, certain words and phrases shall
be construed as set forth in this section, unless it is clear from
the context that a different meaning is intended:
A device or series of devices, including, but not limited
to, systems interconnected with radio-frequency signals, which are
designed to discourage crime by emitting or transmitting a remote
or local audible, visual or electronic signal indication of an alarm
condition. It may include 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 or intruder requiring urgent attention and to
which police are expected to respond. This includes silent alarms
warning of potential intruders or robbery.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or negligence of the user of an
alarm system or his/her employees or agents. It shall include a signal
or oral communication transmitted to the Police Department requesting,
requiring or resulting in a response on the part of the Police Department
when in fact there has been no unauthorized intrusion, robbery, burglary
or attempted threat.
For the purposes of this definition, activation of an alarm
system caused by actual criminal offense, or with evidence of a criminal
intent, or resulting solely from power outages or extreme weather
conditions shall not be deemed to be a false alarm. An alarm dispatch
request which is canceled by the alarm business or alarm user prior
to the dispatch of the responding officer shall not be considered
a false alarm.
A.
An alarm user shall maintain the alarm site and the alarm system
in a manner that will minimize or eliminate false alarm dispatches
and make every reasonable effort to respond or cause a representative
to respond to the alarm site when notified by the Town to deactivate
a malfunctioning alarm system or to provide access to the alarm site.
An alarm user shall not manually activate an alarm for any reason
other than an occurrence of an event that the alarm system was intended
to report.
B.
If the alarm system business, user or installer is testing the system,
it shall notify the Police Department prior to and at the end of such
testing.
C.
Every alarm user/owner shall submit to the Chief of Police and/or
his designee the names and telephone numbers of his/her residence
and place of employment and at least two other persons who are authorized
to respond to an emergency signal transmitted by an alarm system and
who can open or provide access to the premises wherein the alarm system
is installed. The alarm user will be responsible to keep this information
current and updated.
D.
All alarm systems installed after the effective date of this bylaw
which use an audible horn, siren or bell shall be equipped with a
device that will shut off such horn, siren or bell within 15 minutes
after activation of the alarm system.
Upon receipt of one to three or more false alarms within a calendar
year, the Chief of Police or his/her designee may:
Neither the Town of Lunenburg nor any of its officers shall
be under any obligation or duty to an alarm user, or to any person
hereunder, by reason of this bylaw. The Town of Lunenburg specifically
disclaims liability for any damages which may be caused by failure
to respond to an alarm, take any action thereon or in relation thereto.
General provisions of this bylaw shall not apply to any:
A.
Town governmental agency, the United States Governmental agencies
or the Commonwealth of Massachusetts governmental agencies;
B.
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
bylaw; or
C.
Any alarm system installed on a vehicle unless the vehicle is permanently
located at site.
Except as provided by law, the information furnished and secured
pursuant to this bylaw shall be considered 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 bylaw.
The provisions of this bylaw are separable, and if any article,
section or subsection, sentence, clause or phrase of this bylaw is
for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this bylaw.
