Article XL

Penalties for Improper Use of Burglar Alarms

ARTICLE XL

PENALTIES FOR IMPROPER USE OF BURGLAR ALARMS

 

Section 1.  Definitions

(a)  Burglar Alarm Systems - any assembly of equipment and devices or a single device such as a solid-state unit connecting directly to a 110 volt alternating current line arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond.  The provisions of penalties section shall apply to all users.

 

(b)  False Alarm - (i) the activation of an alarm system through mechanical failure, malfunction, improper installation or negligence on the part of the user of an alarm system, or his employees or agents; (ii) any signal, live voice message or automatic dialing device transmitted to the Police Department requesting, requiring or resulting in a response on the part of the Police Department when there has been no unauthorized intrusion, robbery, burglary or attempted threat. For the purposes of this definition, activation of alarm systems for the purpose of  testing with prior approval by the Police Department , or by act of God, including but not limited to power outages, hurricanes, tornadoes, earthquakes and similar weather or atmospheric disturbances shall not be deemed to be a false alarm.

 

(c)  Automatic Dialing Device - an alarm system which automatically sends via regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation which the alarm system is designated to detect.

 

Section 2.  Control and Curtailment of Signals Emitted by Alarm Systems

(a)  Every alarm user shall submit to the Police Chief his name, address and telephone number and the names and telephone numbers of at least two other persons who are authorized to respond, after notification by the Police Department, to an emergency signal transmitted by an alarm system and who can open the premises in which the alarm system is installed.  The owner of said premises shall immediately notify the Holliston Police Department of any changes in the list of employees or other persons authorized to respond to alarms.

 

(b)  All alarm systems, installed after the effective date of this By-law, which use an audible horn or bell, shall be equipped with a device that will shut off such bell or horn within (15) minutes after activation of the alarm system.  All existing alarm systems in the Town of Holliston must have such a shut-off device installed within six (6) months of passage of by-law.

 

(c)  Any alarm system emitting a continuous and uninterrupted signal for more than fifteen (15) minutes, which cannot be shut off or otherwise curtailed due to the absences or unavailability of the alarm user, or those persons designated by him under paragraph (a) and which disturbs the peace, comfort or repose of the community, neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance.  Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police Department shall endeavor to contact the alarm user, or member of the alarm user’s family, or those persons designated by the alarm user under paragraph (a), in an effort to abate the nuisance.  The Police Chief shall cause to be recorded the names and addresses of all complaints and the time each complaint was made.  If no such contact can be made the Police Department shall have authority to disable the alarm.  The expenses incurred in disabling alarm shall be the responsibility of the property owner.

 

(d)  No alarm system which is designated to transmit emergency messages or signals to the Police Department will be tested until the Police Dispatcher has been notified.

 

(e)  The provision of this section shall not apply to alarm devices on premises owned or controlled by the Town, nor to alarm devices installed in a motor vehicle or trailer.

 

Section 3.  Penalties

(a)  The user shall be assessed a false alarm service fine for each false alarm in excess of one (1) occurring within a calendar year according to the following schedule:

 

1)            Second false alarm fifty dollars ($50)

2)            Third and subsequent false alarms one hundred dollars ($100)

 

(b)  The Police Chief shall notify the alarm user by mail or by service in hand by a police officer of such violation and said user shall submit payment to the Town Treasurer for deposit to the General Fund within fifteen (15) days of the notice.

 

(c)  The owner of a system which causes six (6) or more false alarms within a calendar year, or who fails to pay the fee after said notice, may be ordered by the Board of Selectmen, after a public hearing, to disconnect and otherwise discontinue the use of such system.