[HISTORY: Adopted by the Town Meeting of the Town of Southborough 4-15-2004 ATM by Art. 40. Amendments noted where applicable.]
Building construction — See Ch. 62.
Gas installations — See Ch. 103.
Numbering of property — See Ch. 124.
Editor's Note: This bylaw also repealed former Ch. 95, Fire Alarms, adopted 4-9-2001 ATM by Art. 44.
As used in this bylaw, the following terms shall have the meanings indicated:
- ALARM SYSTEM
- Any device which when activated transmits a signal to the Police and/or Fire Department, or transmits a signal to a person or company, who relays information to the Police and/or Fire Department, or produces an audible or visible signal to which the Police and/or Fire Department is expected to respond.
- ALARM USER
- Any person who is the owner or person in charge of premises where an alarm system is maintained within the Town of Southborough.
- FALSE ALARM
- The activation of an alarm which results in the Police Department responding where it is determined after investigation by the Police Department that no criminal activity or attempted criminal activity has occurred, or the Fire Department responding where no actual fire is, or has occurred. A false alarm does not include alarms caused by hurricanes, surges or failures in the transmission of electrical power or other conditions that are beyond the control of the user, or in the case of a fire alarm, smoke caused by cooking, fireplace and stove use where no damage occurs.
- The Town of Southborough.
Every alarm user shall register an alarm system by completing the required form which will include his/her name, person who is authorized to respond to an emergency signal transmitted by an alarm system and who can open or provide access to the premises where the alarm is located.
All existing alarm systems shall be registered with the Town of Southborough before January 1, 2005. All alarms users will register annually by January 1 of each subsequent year. The annual registration fee will be determined by the Board of Selectmen.
All security alarm systems installed after the effective date of this bylaw shall be registered with the Chief of Police, and all fire and medical alarm systems installed after the effective date of this bylaw shall be registered with the Fire Chief within 30 days of the date of installation.
Automatic dialer devices prohibited. It shall be unlawful to install a mechanical protection device that is automatically keyed to and/or activates the telephone line(s) controlled by and/or listed to the Southborough Police and Fire Departments. All such devices installed before the effective date of this bylaw shall be removed before July 1, 2005.
Audible device time limitation. All newly installed security alarm systems which use an audible bell, horn, or siren shall be equipped with an automatic shutoff device, which shall deactivate the alarm within 15 minutes. All existing alarm users with an audible bell, horn, or siren must have such deactivation systems Stalled by January 1, 2005, The exception shall be fire alarm systems.
Notice. An alarm user shall be notified by the Police Department in writing after the Police Department has recorded two separate false security alarms from an alarm user within a twelve-month period. An alarm user shall be notified by the Fire Department in writing after the Fire Department has recorded two separate false fire or medical alarms from an alarm user within a twelve-month period. The Police Chief, or his or her designee, shall notify the alarm user, in writing, of such facts, including the dates and times of each alleged false alarm. After three separate false alarms, the Police Chief or designee will again notify the alarm user, in writing, of such facts. The Fire Chief, or his or her designee, shall notify the alarm user, in writing, of such facts, including the dates and times of each alleged false alarm. After three separate false alarms, the Fire Chief or designee will again notify the alarm user, in writing, of such facts.
Testing. All users must notify the Police Department for security alarm systems, and the Fire Department for fire and medical alarm systems in advance of any testing equipment. Failure to notify the Police or Fire Department in advance of testing shall constitute a false alarm and be subject to the assessment schedule contained herein.
Penalties. An alarm user whose alarm system transmits or otherwise causes more than three false alarms in a twelve-month period shall be assessed a penalty of $50 for the fourth false alarm in any twelve-month period; and a $100 penalty for each subsequent false alarm.
A security alarm user, or authorized key-holder is required to respond to all security alarm calls, unless a verified cancellation is received before the arrival of the police. The police will accept these verified cancellations from the owner, key-holder or monitoring company, before the arrival of the Police patrol unit(s). No fine will be charged for such cancellation. An alarm user, or authorized key-holder is required to respond to all fire alarm calls.
An alarm business performing monitoring/central station services for security systems shall:
Not request dispatch for police response during the first week after installation of an alarm system, but rather use that week to train the alarm user on proper use of the alarm system, unless extenuating circumstances necessitate immediate requests for response as determined by the Administrator.
Report alarm signals by using telephone numbers designated by the Alarm Coordinator;
Attempt to verify every alarm signal, except a duress or hold-up alarm activation before requesting a police response to an alarm signal;
Communicate alarm dispatch requests to the Southborough police in a manner and form determined by the Alarm Coordinator;
Communicate verified cancellations of alarm dispatch requests to the police in a manner and form determined by the Alarm Coordinator;
Ensure that all alarm users of alarm systems equipped with duress/panic alarm are given adequate training as to their proper use;
No alarm calls received shall be reported by monitoring/central stations via 9-1-1.
An alarm business performing monitoring/central station services for fire alarm systems shall:
This bylaw shall be subject to the provisions of MGL c. 40, § 21D for noncriminal enforcement. All fines shall be made payable to the Town Treasurer for deposit in the General Fund.
Notwithstanding the provisions of this bylaw, the Town, its departments, officers, agents, and employees shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of any alarm system or of alarm monitoring facilities. No liability whatsoever is assumed for the failure of such alarm devices for monitoring facilities or for failure to respond to alarms or for any other act or omission in connection with such alarm devices. Each alarm user shall be deemed to hold and save harmless the Town, its departments, officers, agents and employees from liability in connection with the alarm user's alarm device.
If any provision of this bylaw is found or determined by a court of competent jurisdiction to be unenforceable for any reason, then it is the intent that the remaining provisions continue in full force and effect.