[HISTORY: Adopted by the Town Meeting of
the Town of Nantucket as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 101.
[Adopted 4-10-1989 ATM by Art. 91, approved
7-24-1989]
For the purpose of this article, the following
definitions shall apply:
Any firm or corporation in the business of supplying and
installing private intrusion alarm devices or servicing the same.
[Amended 4-15-2003 ATM by Art. 26, approved 8-27-2003]
The activation of a private intrusion alarm system by any
cause where in fact a hazard requiring attention to which police officers
are expected to respond does not exist. Such causes include mechanical
failure, malfunction, improper installation, recklessness, intentional
conduct or negligence of the user of a private intrusion alarm system
or of his employees or agents. For purposes of this definition, activation
of a private intrusion alarm system by acts of vandals or acts of
nature, including but not limited to hurricanes, tornadoes, earthquakes
and similar weather or atmospheric disturbances, shall not be deemed
a false private intrusion alarm.
Any assembly of equipment or any device to signal the presence
of a hazard to which the Town of Nantucket Police Department is expected
to respond.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
The Town of Nantucket.
The property owner, or if in a leased premises, the leaseholder,
of the premises containing the private intrusion alarm system.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
A.
There shall be in the Town an administrator for private
intrusion alarm devices who shall have the powers and duties granted
under this article.
B.
The Chief of Police, or his designee, shall be the
administrator under the direction and control of the Select Board.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C.
The Select Board is authorized to adopt regulations
for the administration of this article.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
Each private intrusion alarm user shall register
his private intrusion alarm device or devices with the administrator
prior to use.
All information in the possession of the administrator
or the Police Department concerning specific private intrusion alarm
users and specific private intrusion alarm devices shall be considered
law enforcement information and as such shall be considered confidential
and shall not be divulged without the written consent of the private
intrusion alarm user or users concerned.
A.
Every user shall submit to the Chief of Police the
names and telephone numbers of at least two other persons who are
authorized to respond to an emergency signal emitted by a private
intrusion alarm system and who are authorized to open the premises
wherein the private intrusion alarm is installed.
B.
All private intrusion alarm systems which use an audible
horn or bell shall be equipped with a device that will shut off such
horn or bell within 10 minutes after activation of the private intrusion
alarm system.
[Amended 4-8-1996 ATM by Art. 46, approved
7-15-1996]
C.
All private intrusion alarm systems shall be equipped
with a battery backup or other device or be of a design so as to prevent
the signalling of a private intrusion alarm in the event of an AC
power failure.
[Amended 4-8-1996 ATM by Art. 46, approved
7-15-1996]
[Amended 4-15-2003 ATM by Art. 58, approved 6-30-2003; 5-6-2023 ATM by Art. 70, approved 9-8-2023]
Every person who is the owner of, or who is
in charge of, premises on which a private intrusion alarm device is
installed shall register such intrusion alarm device annually on or
before April 1 of each year and shall submit to the Chief of the Town
of Nantucket Police Department, in writing, on or before that date,
a registration statement, on a form to be established by the Police
Chief, and an annual registration fee as determined by the Select
Board. The registration statement shall contain such person's name,
address and telephone number, as well as the name, address and telephone
number of at least two other persons who are authorized to respond
to a signal transmitted by the private intrusion alarm device and
who are authorized to open the premises on which the private intrusion
alarm device is installed. Such registration form may require permission
from the user in favor of the Town of Nantucket Police Department
to break into and enter the registered premises forcibly without liability
on the indemnification from the user in favor of the Town and its
officers with respect to any such forcible breaking and entering,
in order to respond to such an alarm.
A.
Upon the occurrence of three false private intrusion
alarms attributable to one premises within a calendar year, the Police
Chief or his designee may, at his discretion, in writing, notify the
private intrusion alarm user:
(1)
That the user is to discontinue the use of the private
intrusion alarm insofar as it triggers Police Department response.
(2)
That further connections to the communications console
at the Police Station will be contingent upon the private intrusion
alarm user equipping the private intrusion alarm system with a device
that will shut off any audible horn or bell within 10 minutes after
activation of the private intrusion alarm system.
(3)
That further connections to the communications console
at the Police Station will be contingent upon the private intrusion
alarm user equipping the private intrusion alarm system with a battery
backup or other device, or that the private intrusion alarm be modified
so as to prevent the signalling of a private intrusion alarm in the
event of an AC power failure.
B.
The private intrusion alarm user shall be assessed
a fee as determined by the Select Board for each additional false
private intrusion alarm occurring at the premises within the same
calendar year. All fees assessed hereunder shall be paid to the Town
Treasurer for deposit into the general fund.
[Amended 4-15-2003 ATM by Art. 58, approved 6-30-2003; 5-6-2023 ATM by Art. 70, approved 9-8-2023[1]]
A.
False private intrusion alarm fees.
(1)
The administrator shall notify the responsible private intrusion alarm user of any false private intrusion alarm fee assessed under § 26-8B above by certified mail to the address which is on file with the Tax Assessor of the Town for the purposes of tax mailings. Within 30 days after the mailing of such notice, the private intrusion alarm user may file with the administrator information to show that the private intrusion alarm was not a false private intrusion alarm within the meaning of this article.
(2)
The administrator shall consider such information
and, based thereon, shall affirm or rescind the false private intrusion
alarm fee and notify the private intrusion alarm user of his decision
by mail. Within 30 days after mailing such notice, the private intrusion
alarm user may file with the Private Intrusion Alarm Appeal Board
an appeal in writing.
B.
Appeal to the Private Intrusion Alarm Appeal Board.
Upon receipt of a timely appeal from a false private intrusion alarm
fee, the Private Intrusion Alarm Appeal Board shall hold a hearing
to consider it and shall mail notice of the time and place of said
hearing to the private intrusion alarm user taking the appeal at his
last known address at least 15 days before the hearing. On the basis
of information introduced at the hearing, the Board shall affirm the
fee if it finds that the fee was properly imposed, or rescind the
fee if the fee was not properly imposed.
C.
Notice to include instructions. Each notice of a false
private intrusion alarm fee or the affirmation of such fee by the
administrator shall refer to and provide instructions concerning the
private intrusion alarm user's right to further recourse by filling
in information with the administrator, or an appeal with the Private
Intrusion Alarm Appeal Board, as the case may be.
A.
There shall be a fee of $15 for each appeal to the
Private Intrusion Alarm Appeal Board; provided, however, that in the
event such Board finds in favor of the user, such appeal fee shall
be refunded.
B.
The amount of the fee for taking an appeal may be
raised or lowered from time to time at the discretion of the Private
Intrusion Alarm Appeal Board.
Fees for false private intrusion alarms and
appeal fees will be collected by the administrator and deposited into
the general fund.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
Notwithstanding the provisions of this article,
the Town, its departments, officers, agents and employees, shall be
under no obligation whatsoever concerning the adequacy, operation,
or maintenance of any private intrusion alarm.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
Any person who violates any provision of this bylaw shall be subject to a fine of $300 punishable in accordance with Chapter 1 of the Code of the Town of Nantucket. Each day that a violation continues shall be considered a separate offense.
B.
Any police officer of the Town may utilize the noncriminal disposition procedure set forth in Chapter 1 of the Code of the Town of Nantucket or may file an application for a criminal complaint with the Trial Court of the Commonwealth, District Court, Nantucket Division, to enforce the provisions of § 26-13 of this article.
The provisions of this article shall not apply
to intrusion alarm devices on premises owned or controlled by the
Town, nor to intrusion alarm devices installed in a motor vehicle
or trailer.
The invalidity of any provision or provisions
of this article shall not affect the validity of the remaining provisions.
[Adopted 4-10-1989 ATM by Art. 92, approved
7-24-1989]
A.
It has been determined that the number of false private
alarms being made to the Fire Department hinders the efficiency of
that Department by the deployment of apparatus and personnel to so-called
"false alarms."
B.
The adoption of this article is intended to charge
the user whose property continually generates false private alarms
due to improperly designed, installed or maintained systems.
C.
It is further intended to reduce the number of false
alarms by promoting responsible users and reliable systems for the
protection of life and property. A reduction in false alarms will,
in turn, save the taxpayers dollars for the Town of Nantucket.
For the purpose of this article, the following
definitions shall apply:
Any firm or corporation in the business of supplying and
installing alarm systems or servicing the same.
[Amended 4-15-2003 ATM by Art. 26, approved 8-27-2003]
Any signal, telephone dialer or oral communication from an
alarm company transmitted to the Fire Department requesting, requiring
or resulting in a response on the part of the Fire Department as a
result of the activation of an alarm system by any cause where in
fact a hazard requiring urgent attention to which fire fighters are
expected to respond does not exist. Such causes include mechanical
failure, malfunction, improper installation or recklessness, intentional
conduct or negligence of the user of an alarm system or of his employees
or agents. For purpose of this definition, activation of an alarm
system by any of the following acts, including but not limited to
vandals, hurricanes, tornadoes, earthquakes and similar weather or
atmospheric disturbances, shall not be deemed a false alarm.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
Any assembly of equipment or any device designed to signal
the presence of a hazard requiring urgent attention to which fire
fighters are expected to respond.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
The Town of Nantucket.
The property owner, or if a leased premises, the leaseholder,
of the premises containing the alarm system.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
A.
There shall be in the Town an administrator for fire
alarm systems who shall have the powers and duties granted under this
article.
B.
The Fire Chief, or his designee, shall be the administrator
under the direction and control of the Select Board.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C.
The Select Board is authorized to adopt regulations
for the administration of this article.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
[Added 4-4-2006 ATM by Art. 65, approved 8-2-2006]
A.
When access to or within a structure or an area is
unduly difficult because of secured openings or where immediate access
is necessary for life saving or fire-fighting purposes, the Chief
may require the owner, lessee, tenant, or other party in control of
said structure or area, by written notification mailed to said party,
to install a key box in an accessible location approved by the Fire
Chief.
B.
Said key box shall be of a design approved by the
Fire Chief and shall contain all keys which the Fire Chief deems necessary
to gain the required access to the structure or area. Two keys for
said box shall be supplied to the Fire Chief. It shall be the responsibility
of the owner, lessee, tenants, or other party in control of a structure
or area (1) to assume all costs involved in the installation of said
key box and supplying keys to the Fire Chief, (2) to keep said box
in good repair and (3) to insure that all keys contained therein are
those currently in use in the structure or area.
A.
There shall be in the Town a False Private Fire Alarm
Appeal Board, which shall have the powers and duties granted to it
under this article.
B.
The False Private Fire Alarm Appeal Board shall consist
of three persons: a designee of the Select Board, the Fire Chief and/or
Superintendent of Fire Alarms and a representative selected by the
Select Board from nominations by the Nantucket Lodging Association.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
Each private fire alarm user shall register
his alarm system with the administrator prior to use.
All information in the possession of the administrator
or the Fire Department concerning specific fire alarm users and specific
fire alarm systems shall be considered law enforcement related and
in order to discourage arson as such are to be treated confidentially
and shall not be divulged without the written consent of the fire
alarm user or users concerned.
A.
Every user shall submit to the Fire Chief, or his
designee, the names and telephone numbers of at least two other persons
or companies who are authorized to respond to an emergency signal
transmitted by an alarm system and who are authorized to open the
premises wherein the alarm system is installed.
B.
Receipt of the information described in Subsection A above shall not in any way limit the right of the Fire Department to enter the subject premises prior to the arrival of the authorized person or company should immediate entry be deemed necessary by the Fire Department.
C.
All alarm systems shall be equipped with a battery
backup or other device or be of a design so as to prevent the signalling
of an alarm in the event of an AC power failure.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
A.
Every person who is the owner of, or who is in charge
of, premises on which a fire alarm device is installed shall register
such fire alarm device annually on or before April 1 of each year
and shall submit to the Chief of the Town of Nantucket Fire Department,
in writing, on or before that date, a registration statement, on a
form to be established by the Fire Chief, and an annual registration
fee as determined by the Select Board. The registration statement
shall contain such person's name, address and telephone number, as
well as the name, address and telephone number of at least two other
persons who are authorized to respond to a signal transmitted by the
fire alarm device and who are authorized to open the premises on which
the private fire alarm device is installed. Such registration form
may require permission from the user in favor of the Town of Nantucket
Fire Department to break into and enter the registered premises forcibly
without liability on the indemnification from the user in favor of
the Town and its officers with respect to any such forcible breaking
and entering, in order to respond to such an alarm.
[Amended 4-15-2003 ATM by Art. 58, approved 6-30-2003; 5-6-2023 ATM by Art. 70, approved 9-8-2023]
A.
Upon the occurrence of three false alarms attributable
to one premises within a calendar year, the Fire Chief, or his designee,
may, at his discretion, in writing, notify the private alarm user:
(1)
That the use of the private fire alarm system is to
be discontinued insofar as a response is expected from the Nantucket
Fire Department until the repairs are made acceptable to the Fire
Department; and
(2)
That further connection to the communications console
at the fire station will be contingent upon the alarm user equipping
the alarm system with a battery backup or other device or that the
alarm system be of a design so as to prevent the signalling of alarms
in the event of an AC power failure.
B.
The alarm user shall be assessed a fee as determined
by the Select Board for each additional false fire alarm occurring
at the premises within the same calendar year. All fees assessed hereunder
shall be paid to the Town Treasurer for deposit into the general fund.
C.
(Reserved)
D.
(Reserved)
E.
(Reserved)
F.
The Fire Chief and/or Superintendent of Fire Alarms
may, in his discretion, grant relief to a user from accruing false
fire alarm fees, if, in the past, the user has taken reasonable steps
to prevent false private fire alarms and has promptly dealt with any
problems or repairs.
A.
False private fire alarm fees.
(1)
The administrator shall notify the responsible fire alarm user of any false private fire alarm fee assessed under § 26-25B above, by certified mail, return receipt requested. Within 30 days after the mailing of such notice, the alarm user may file with the administrator information to show that the alarm was not a false private fire alarm within the meaning of this article.
(2)
The administrator shall consider such information
and, based thereon, shall affirm or rescind the false private fire
alarm fee and notify the alarm user of his decision by certified mail,
with return receipt requested. Within 30 days after mailing of such
notice, the alarm user may file with the False Private Fire Alarm
Appeal Board an appeal in writing.
B.
Appeal to the False Private Fire Alarm Appeal Board.
Upon receipt of a timely appeal from a false private fire alarm fee,
the False Private Fire Alarm Appeal Board shall hold a hearing and
shall mail notice of the time and place of said hearing to the alarm
user taking the appeal at his last known address at least 15 days
before the hearing. On the basis of information introduced at the
hearing, the Board shall affirm the charge if it finds that the fee
was properly imposed or rescind the fee if the fee was not properly
imposed.
C.
Notice to include instructions. Each notice of a false
alarm fee or the reaffirmation of such fee by the administrator shall
refer to and provide instructions concerning the alarm user's right
to further recourse by filing information with the administrator or
an appeal with the False Private Fire Alarm Appeal Board, as the case
may be.
A.
There shall be a fee of $15 for each appeal to the
False Private Fire Alarm Appeal Board; provided, however, that in
the event such Board finds in favor of the user, such appeal fee shall
be refunded.
B.
The amount of the fee for taking an appeal may be
raised or lowered from time to time at the discretion of the False
Private Fire Alarm Appeal Board.
Fees assessed for false alarms and appeal fees
will be collected by the administrator and deposited into the general
fund.
[Amended 5-6-2023 ATM by Art. 70, approved 9-8-2023]
Notwithstanding the provisions of this article,
the Town, its departments, officers, agents and employees shall be
under no obligation whatsoever concerning the adequacy, operation
or maintenance of any alarm system. This article shall in no manner
create or extend liability or obligation of the Town for its actions
in connection with alarms, including but not limited to response of
the Fire Department to alarms, beyond that which exists at law, if
any.
[1]
Editor's Note: Former § 26-30, Violations and penalties,
was repealed 5-6-2023 ATM by Art. 70, approved 9-8-2023.
B.
The Town may utilize noncriminal disposition procedures as described in Chapter 1 of the Code of the Town of Nantucket or may file an application for a criminal complaint with the Trial Court of the Commonwealth, District Court, Nantucket Division, to enforce the provisions of § 26-30 of this article.
The provisions of this article shall not apply
to fire alarm systems on premises owned or controlled by the Town
or to alarm systems installed in a motor vehicle or trailer.
The invalidity of any provision or provisions
of this article shall not affect the validity of the remaining provisions.
