[HISTORY: Adopted by the Annual Town Meeting
of the Town of Middleton 5-11-1988 by Art. 69. Amendments noted where applicable.]
A.
This bylaw shall apply to the installation, operation,
and maintenance of fire and/or medical aid alarm systems, and police
security alarm systems.
B.
Fire and/or medical aid and police security alarm
systems shall include systems connected to Fire Headquarters and the
Police Station by the municipal fire alarm circuit, direct wire, or
on a telephone dialup basis, and systems which use exterior audible
signals at the alarm location.
A.
As of the effective date of this bylaw, no alarm system
or equipment designed to summon the Police Department shall be installed
without first obtaining an alarm permit signed by the Police Chief
or their designee. As of said date, no alarm system or equipment designed
to summon the Fire Department shall be installed without first obtaining
an alarm permit signed by the Fire Chief or their designee. Existing
alarm systems must obtain a permit within three months of the effective
date of this bylaw. The Police Chief and the Fire Chief shall prescribe
an application form for alarm permits and any other rules as may be
necessary for the implementation of this bylaw. The fee for each alarm
permit shall be $10. This approval requirement shall include municipal
connection, direct wire and dialup devices.
[Amended 6-5-2021 ATM by Art. 28]
B.
Any current or future alarm user may contract with
an alarm company of their choice for the purchase, lease, installation
and serving of an alarm system on their premises.
[Amended 6-5-2021 ATM by Art. 28]
C.
Existing telephone dialers using voice-type tape recorders,
which are not compatible with the alarm console, may continue to use
the special alarm number set up only for this purpose for a period
not exceeding one year from the effective date of this bylaw. No equipment
as described in this bylaw shall use the primary fire or police telephone
number. New applications for voice-type tape systems will not be approved.
D.
Actual connection to the Fire Department's alarm console
will be made by the Town's designated alarm contractor, or Fire Alarm
Division personnel. Connection of police security alarms to Police
Headquarters shall be at the direction of the Police Chief. Alarm
users will be required to pay the alarm contractor for this service
as set forth in a contract between the contractor and the alarm user.
E.
The alarm system owner or user, or the alarm company
contracting for servicing the alarm user's system, shall be responsible
for obtaining any necessary leased lines or municipal cable between
the protected location and the alarm-receiving equipment.
F.
The Town will make every effort to ensure the proper
operation of its alarm-receiving equipment but accepts no liability
for conditions which prevent proper reception of signals from the
user's premises.
G.
This approval requirement shall include municipal
connection, direct wire and dialup devices.
Whenever an alarm system or equipment is disconnected,
removed, or substantially altered, the owner or user thereof shall
notify the Police Department or Fire Department in writing so that
an appropriate notation may be made on the permit.
All alarm systems installed after the effective
date of this bylaw which use an audible horn or bell shall be equipped
with a device that will shut off the horn or bell within 10 minutes
after activation of the alarm system. All existing alarms using an
audible horn or bell shall be equipped with such a device within 12
months after the effective date of this bylaw.
This regulation shall apply to all alarm systems
except automobile alarms.
A.
Each alarm user shall submit to the Fire Chief or
Police Chief the names, addresses and telephone numbers of two persons
who can be reached at any time, day or night, who are authorized to
gain access to the protected premises for the purposes of silencing
and resetting the alarm system. It shall be the alarm user's responsibility
to keep this information up-to-date. In addition, each control panel
shall have located inside the door the above information and also
the name of the company and phone number of the company which currently
services the system.
B.
Written instructions shall be clearly visible for
resetting a fire alarm or security alarm control panel on or near
the unit. Permission to attempt a system reset must be on file with
the Fire or Police Department if the user wishes the Departments to
reset control unit. If after three attempts a system will not reset,
the zone, or if necessary, the system, shall be left not restored.
In this event, attempts shall be made to contact the parties from
data given by the user. The Town assumes no liability for the inability
to contact listed persons.
C.
Any building other than a residential building of
fewer than six units which has a fire alarm system or other fire protection
system shall provide a secure key box installed in a location accessible
to the Fire Department in case of emergency. This key box shall contain
keys to fire alarm control panels and other keys necessary to operate
or service fire protection systems. The box shall be a type approved
by the Chief of the Fire Department and shall be located and installed
as approved by the Chief.
[Amended 6-5-2021 ATM by Art. 28]
No alarm system designed to transmit emergency
messages or signals directly to the Police or Fire Department shall
be worked on, tested or demonstrated without obtaining permission
from the Police or Fire Chief or their designee. Failure to do so
may constitute a false alarm and therefore be subject to fee assessment.
A.
Alarm systems which generate false alarms in any twelve-month
period shall be subject to assessment as follows:
(1)
Fire alarm and emergency medical systems:
[Amended 11-29-2005 STM by Art. 18]
|
False Alarm
|
Assessment
| |
|---|---|---|
|
1 thru 3
|
None
| |
|
4 thru 5
|
$150 each
| |
|
6 or more
|
$300 each
|
(2)
Police security alarm systems:
[Amended 11-29-2005 STM by Art. 18]
|
False Alarm
|
Assessment
| |
|---|---|---|
|
1 thru 5
|
None
| |
|
6 thru 10
|
$25 each
| |
|
11 or more
|
$50 each
|
(3)
Alarm users who produce a valid service agreement
for the protected property shall receive a twenty-five-dollar credit
against any assessment.
(4)
It is the intent of this section to have systems maintained
on a regular basis annually.
B.
False alarms caused by faulty telephone service, electrical
storms, or power outages will be excluded from assessment.
C.
False alarms received during the first 30 days of
connection shall be discounted provided no malicious intent has occurred
and every attempt has been made to rectify new installation defects.
D.
Determination that a false alarm has been transmitted
will be the responsibility of the Fire Chief or Police Chief or their
duly appointed duty officer.
[Amended 6-5-2021 ATM by Art. 28]
E.
Upon failure of an alarm user to pay two consecutive
fees assessed within 60 days of the assessment, Fire Department shall
order the alarm user to discontinue the use of the alarm system for
not more than six months.
F.
Town, county and state agencies are exempt from the
provisions of the assessment schedule.
A.
Each alarm user shall, on or before July 1, remit
to the Police or Fire Department the connection fee for the proceeding
year as outlined below:
B.
All fees are to be deposited in a revolving account
for the express purpose of maintenance and capital improvement of
public safety alarm circuits, equipment and labor necessary to maintain
said Town alarm system.
The following acts and omissions shall constitute
a violation of these regulations and the responsible person or persons
shall be punished by a fine of not less than $50 nor more than $200
per offense as follows. Each day in which a violation occurs may be
considered a separate offense.
A.
Failure to follow an order issued by the Fire Chief
or Police Chief to disconnect a fire alarm system from the municipal
circuit box, or to disable a telephone dialer arranged to dial the
digital alarm console or the special alarm telephone numbers.
B.
After the effective date of these regulations, using
a telephone dialing device arranged to dial a Police or Fire Department
number without authorization under this bylaw.
E.
Continued transmission of false alarms caused by the
user's negligence or system malfunction on the user's premises which
is under the user's control, and where no effort is made to correct
the condition.
A.
The Police Chief or the Fire Chief may suspend or
revoke an alarm permit for just cause in accordance with the following
procedures:
(1)
The Chief or their designee shall issue to the permit
holder a written notice, by certified mail, of their intent to suspend
or revoke the alarm permit. Notice will include the date of the intended
suspension or revocation, the reasons for the suspension or revocation
and notice that the permit holder is entitled to a hearing upon written
request.
[Amended 6-5-2021 ATM by Art. 28]
(2)
Upon receipt of a notice of suspension or revocation,
the permit holder may, within five working days of receipt, submit
a written request for a hearing before the Police Chief, the Fire
Chief or a designee thereof. At the hearing, the permit holder shall
have the right to present evidence, cross-examine witnesses and be
represented by counsel. The hearing shall be informal and shall not
be subject to rules of evidence or formal courtroom procedures. After
the hearing, the hearing officer may issue a written order of suspension
or revocation for a given period of time. They may also withdraw any
previous order of suspension or revocation.
[Amended 6-5-2021 ATM by Art. 28]
(3)
During the appeal period, the alarm system may remain
in operation.
(4)
An alarm owner or user whose permit has been suspended
or revoked may reapply for a new permit after the suspension period
is over.
B.
An alarm user wishing to appeal a decision of the
Fire Chief or Police Chief may, within 15 calendar days of any fee
assessment or permit suspension or revocation, request in writing
a hearing with the Select Board.
[Amended 6-5-2021 ATM by Art. 28]
