[HISTORY: Adopted by the Town of Barnstable 11-4-2004 by Order No. 2005-019. Amendments noted where applicable.]
Editor's Note: This chapter also repealed former Ch. 17, Alarms, comprising Art. I, Burglar Alarm Systems, adopted 5-2-1984; approved 7-31-1984, as updated through 7-7-2003.
Advances in technology have engendered the creation and deployment of sophisticated systems using a variety of protocols to monitor premises and persons and activities on them, and to generate signals of various types to which the Police Department is expected to respond. When these systems work properly in a coordinated system, they can be a significant aid to safe and efficient law enforcement. When they do not work properly, they can be dangerous, wasteful and a public nuisance. This chapter is designed to facilitate the proper use and prevent the improper use of such systems which presume the response of the Barnstable Police Department. It is also designed to implement a regulatory framework which is able to keep pace with rapid changes in the technology involved.
As used in this chapter, the following terms shall have the meanings indicated:
- A. Any system which:
- (1) Transmits a signal to the Barnstable Police Department; or
- (2) Transmits a signal to a third party who relays information to the Barnstable Police Department; or
- (3) Produces an audible or visible signal to which the Barnstable police are expected to respond.
- (4) The term "alarm system" shall include, but not be limited to, systems which generate signals to or from vehicles to telephone, satellite or cellular communications and geographic positioning systems and forwarded to the Town of Barnstable Police Department.
The Chief of Police is hereby authorized to adopt regulations, subject to the approval of the Town Manager, to govern the use of alarm systems within the town. Such regulations shall be based upon considerations of safety, reliability, control, accountability, efficiency and the avoidance of waste and unnecessary noise and other public nuisance. Such regulations shall be maintained on file with the Town Clerk comport with the requirements of the town, if any, with respect to their publication and codification. Unless some other date is specified therein or by law, such regulations shall take effect upon filing with the Town Clerk.
No person may install or maintain, or allow to be installed or maintained, an alarm system on premises owned or controlled by them in the town, without a current permit for such system issued by the Chief of Police.
No person may engage in the business of installing or maintaining or interfacing with alarm systems in the Town of Barnstable without a current permit to engage in such a business issued by the Chief of Police.
No person shall install, maintain, or allow to be installed or maintained on premises owned or controlled by them any alarm system which does not comply with the Town's regulations regarding such systems, or to do anything in violation of such regulations.
The Chief of Police is hereby authorized to issue permits, to be valid for terms of one year unless otherwise provided by regulation, for:
Any person violating any provision of this chapter shall be punished by a fine of not more than $300 per offense. Each day that a violation is allowed to continue shall constitute a separate offense.
Violations of this chapter may be enforced by the method of noncriminal disposition provided for in Chapter 1.
In addition to the penalties provided herein, the Town may recover the cost of police response to false alarms in the amount of $300 per officer per response under the provisions of Section 31 of Chapter 40 of the General Laws from either the owner or person in control of the premises originating the false alarm or of the company operating the system generating the false alarm, or both.
Nothing herein shall be construed by any person to be an assurance of safety or assistance upon which reliance is warranted within the meaning of Section 10 of Chapter 258 of the General Laws.