[HISTORY: Adopted by the Town of Barnstable 11-4-2004
by Order No. 2005-019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch. 17, Alarms,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:
Any system which:
Transmits a signal to the Barnstable Police Department; or
Transmits a signal to a third party who relays information to the Barnstable
Police Department; or
Produces an audible or visible signal to which the Barnstable police
are expected to respond.
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.
A.
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.
B.
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.
C.
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:
A.
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.
B.
Violations of this chapter may be enforced by the method of noncriminal disposition provided for in Chapter 1.
C.
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.
