[HISTORY: Adopted by the Town of Easton as follows: Art.
I, by the Annual Town Meeting 6-13-1989 by Art. 21 (Art. 36 of the 1922 Bylaws); Art. II, by the
Annual Town Meeting 4-13-1992 by
Art. 13 (Art. 46 of the 1922 Bylaws). Amendments noted where applicable.]
[Adopted 6-13-1989 ATM
by Art. 21 (Art. 36 of the 1922 Bylaws)]
It is determined that the number of false alarms being made
to the Police and Fire Departments hinders the efficiency of those
Departments, lowers the morale of Department personnel, constitutes
a danger to the general public in the streets during responses to
false alarms, and jeopardizes the response of volunteers; and that
the adoption of this article will reduce the number of false alarms
and promote the responsible use of alarm devices in the Town of Easton.
For the purpose of this article, the following definitions shall
apply:
An assembly of equipment and devices or a single device such
as a solid state unit which plugs directly into a one-hundred-ten-volt
AC line or Fire Department, arranged to signal the presence of a hazard
requiring urgent attention to which police and/or firefighters are
expected to respond. Fire alarm systems and alarm systems which monitor
temperature, smoke, humidity or any other condition not directly related
to the detection of an unauthorized intrusion into a premise[1] or an attempted break at a premise are included.
Any firm or corporation in the business of supplying and
installing alarm devices or serving[2] the same.
A.
The activation of an alarm system through mechanical failure, malfunction,
improper installation or negligence of the user of an alarm system
or of his employees or agents.
B.
Any signal or oral communication transmitter[3] to the Police or Fire Department requesting or requiring
or resulting in a response on the part of the Police or Fire Department
when in fact there has been no authorized[4] intrusion, robbery, burglary, attempted threat or fire
or threat of fire, illness, injury or threat of life.
C.
USER
For purpose of this definition, activation of alarm systems by acts
of vandals, by acts of God, including but not limited to power outages,
hurricanes, tornadoes, earthquakes and similar weather or atmospheric
disturbance, shall not be deemed to be a false alarm.
The occupant or owner of the premises containing the alarm
system.
A.
There shall be in the town an administrator for alarm devices who
shall have the powers and duties granted under this article.
B.
The Chief of Police and Fire Chief, or his designee, shall be the
administrator under the direction and control of the Select Board,
which is authorized to adopt regulations for the administration of
this article.
[Amended 5-20-2019 ATM by Art. 21]
Each alarm user shall register his or her alarm device or devices
with the administrator prior to use. All alarm devices in use as of
the effective date of this article shall be registered no later than
60 days from such date.
All information, in the possession of the administrator, the
Police Department or the Fire Department concerning particular alarm
uses and particular alarm devices, shall be confidential and shall
not be divulged without the written consent of the alarm user or users
concerned.
A.
Every user shall submit to the Police and/or Fire Chief the names
and telephone numbers of at least two other persons who are authorized
to respond to an emergency signal transmitted by an alarm system and
who can open the premises wherein the alarm system is installed.
B.
All alarm systems installed after the effective date of this article
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 alarm system.
C.
Alarm systems installed before the enactment of this article 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 alarm system. This device shall be installed within six months
of the effective date of this article.
D.
All alarm systems which are designated to transmit emergency messages
or signals of intrusion to the Police and Fire Departments will be
of a type approved by the Chief of Police and Fire Chief.
E.
Any alarm system emitting a continuous and uninterrupted signal for more than 10 minutes which cannot be shut off or otherwise curtailed due to the unavailability of the alarm user or persons designated by him or her, under Subsection A of this section, and which disturbs the peace, comfort or tranquility of a community, neighborhood or a considerable number of inhabitants of the area where the alarm is located shall constitute a public nuisance.
A.
Upon receipt of three or more false alarms within a calendar year,
the Police or Fire Chief:
(1)
May, in writing, order the user to discontinue the use of the alarm.
(2)
May disconnect any direct connections to the Police or Fire Department.
(3)
May order that further connections to the communications console
in the Police or Fire Station will be contingent upon the user equipping
any alarm system with a device that will shut off any audible horn
or bell within 10 minutes after activation of the alarm system.
B.
The user shall be assessed a false alarm service fee of $50 for each
false alarm in excess of three occurring within a calendar year. All
fees assessed hereunder shall be paid to the Town Treasurer for deposit
in the general fund.
A.
False alarm charges.
(1)
The administrator shall notify the responsible alarm user of any
false alarm charge by mail. 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 alarm within the meaning of
this article.
(2)
The administrator shall consider such information, reaffirm or rescind
the false alarm charge and notify the alarm user of his decision by
mail. Within 30 days after the mailing of such notice, the alarm user
may file with the Alarm Appeal Board an appeal in writing.
B.
Appeal to the Alarm Appeal Board. Upon receipt of the timely appeal
from a false alarm charge, the Alarm Appeal Board shall hold a hearing
to consider it 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 provided
by the alarm user and other information introduced at the hearing,
the Board shall affirm the charge if it finds that the charge was
properly imposed or rescind the charge if the charge was not properly
imposed.
C.
Notice to include instruction. Each notice of a false alarm charge
or the reaffirmation of such a charge 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 Alarm Appeal Board, as the case may be.
Charges for false alarms and appeal fees will be collected by
the administrator and deposited in the general fund.
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 device or of the alarm monitoring facilities at Police and Fire
Headquarters. No liability whatsoever is assumed for the failure of
such alarm devices or 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.
Any person who performs or causes to be performed any of the
following acts shall be subject to a fine of up to $100 for each such
act and also subject to MGL c. 269, § 13:
The town, upon authorization by the administrator, may institute
civil proceedings to enforce the provisions of this article.
The provisions of this article 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.
The invalidity of any part or parts of this article shall not
affect the validity of the remaining parts or in any way act thereon.
[Adopted 4-13-1992 ATM
by Art. 13 (Art. 46 of the 1922 Bylaws)]
When used in this article, unless a contrary intention clearly
appears, the following words shall have the following meanings:
A company equipped to receive a fire alarm signal from each
of its customers and then transmits[1] to the Easton Fire Department (EFD) the location of such
alarm the central station operating company receives.
Any heat-activated, smoke-activated, flame-energy-activated
or other such automatic device capable of transmitting a fire alarm
signal to either a central station operating company or directly to
the EFD by way of a master box.
The transmittal of a fire alarm to a central station operating
company or directly to the EFD by way of a master box which alarm
is caused by improper installation of a fire alarm system, a mechanically
defective fire alarm system lack of maintenance or some other reasons
that cause a fire alarm to sound even though there is no actual fire
or situation that reasonably could evolve into a fire.
An individual or entity who or which owns the title to and/or
has on his business or residential premises a fire alarm system equipped
to send a fire alarm signal to a central station operation company
or[2]
The Chief of the Easton Fire Department or successor.
An individual or entity who or which has on his business
or residential premises a fire alarm system equipped to send a fire
alarm signal directly to the EFD by way of a master box.
[Amended 6-4-2001 ATM
by Art. 20; 2-4-2002 STM by Art.
22]
A.
Every master box owner whose fire alarm system on the effective date
of this article is connected to the EFD by way of a master box shall
pay an Annual Fee.
B.
Every master box owner whose fire alarm system is connected after
the effective date of this article to the EFD by way of a master box
shall pay a Permit Fee, a Connection Fee and an Annual Fee.
C.
Before any fire alarm system is connected to the EFD, the master
box owner shall provide the Fire Chief with the following information:
(1)
The name, address and home and work telephone numbers of the master
box owner;
(2)
The street address where the master box is located;
(3)
The names, addresses and telephone numbers of the persons that own
or operate businesses protected by the fire alarm system connected
to the master box;
(4)
The names, addresses and home and work telephone numbers of at least
two persons other than the owner who can be contacted 24 hours a day,
who are authorized by the master box owner to respond to an alarm
signal and who have access to the premises in which the master box
is located; and
(5)
Any other such information as the Fire Chief may require.
D.
If at the passage of this article a fire alarm system has already
been connected to the EFD by way of a master box, the master box owner
shall comply with the requirements of this section within 60 days
after the EFD has sent him notice by first class mail of the requirements
of this section.
E.
If a master box owner fails to comply with this section, the Fire
Chief may assess a fine for each day of non-compliance.
F.
Fees and fines under this section may be set from time to time by
the Select Board.
[Amended 5-20-2019 ATM by Art. 21]
A.
Every master box owner shall be responsible for updating the information
herein required to be provided to the Chief. If the information changes,
the master box owner shall provide the fire chief with the updated
information and shall pay the fee, if any, required by this article.
B.
If a master box owner fails to comply with this section, the Fire
Chief may assess a fine of $50.
A.
If there is a fire alarm system malfunction, as defined herein, the
Fire Chief may assess a fine against a fire alarm system owner for
each malfunction per fiscal year according to the following schedule:
(1)
First through third malfunction: no charge.
(2)
Upon recording of the third alarm by the Fire Department per year,
the Fire Chief shall notify the owner of the building, in writing
and by certified mail, of such fact, and at this time inform the owner
of the Department's policy with regards to charging for false
alarms (send copy of the policy at this time).
(3)
Fourth through sixth malfunction: $100.
(4)
Seventh through 11th malfunction: $200.
(5)
Each malfunction after 11th: $300.
B.
Private fire alarm systems connected to the Easton Fire Department
by other automatic means or through a central station system shall
be subject to the above conditions.
C.
Any false fire alarm which is the result of the failure of the property owner, occupant or their agents to notify the Easton Fire Department of repair, maintenance or testing of the internal fire alarm system within the protected premises, shall cause a penalty to be assessed in accordance with Subsection A.
D.
For the purpose of this regulation, a False fire alarm shall be defined
as follows:
(1)
The operation of a faulty smoke or heat detection device.
(2)
Faulty control panel or associated equipment.
(3)
A water pressure surge in automatic sprinkler equipment.
(4)
Accidental operation of an automatic sprinkler system.
(5)
An action by an employee of the owner, or occupant of the protected
premises, or a contractor employed by the owner or the occupant, causing
accidental activation of the internal fire alarm system.
E.
Property owners will be billed once a month for the previous month's
malfunction activity. All fines assessed shall be paid to the Town
Treasurer.
F.
If a bill is not paid within 30 days, a second notice will be sent.
If the bill is not paid after an additional thirty-day period, a final
notice will be sent informing the owner and/or occupant that the master
box will be discontinued and the insurance company notified.
A.
Any fire alarm system owner who is aggrieved by an action taken by
the Fire Chief under this article may, within 10 days of such action,
file an appeal, in writing to the Select Board of the Town of Easton.
After notice, the Board shall hold a hearing, after which it shall
issue a decision in which it affirms, annuls or modifies the action
taken by the Fire Chief, giving its reason therefor.
[Amended 5-20-2019 ATM by Art. 21]
B.
The Board shall send its decision to the owner by first class mail
within 10 days after the hearing. The decision of the Board shall
be a final administrative decision. The owner shall have 30 days from
the date of the written decision to seek judicial review in the Bristol
District Court.
The Fire Chief may promulgate such regulations as may be necessary
to implement this article. The Fire Chief is authorized to pursue
such legal action as may be necessary to enforce this article.
The provisions of this article shall be deemed to be severable,
and if any of its provisions shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall
not affect or impair any of the remaining provisions.
