[HISTORY: Adopted by the Special Town Meeting of the Town
of Fairhaven 2-11-2004 by Art. 19. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated;
A signaling device of any description that, if activated,
is reasonably calculated to summons the Police Department, including,
but not limited to, so called "burglar alarms," "holdup alarms" and
"panic alarms." Motor vehicle alarms, fire alarms, and alarms on governmental
buildings shall be exempt from this chapter.
Activation of an alarm resulting in a response by the Police
Department where there is no actual or threatened criminal activity
or harm to a person or property. False alarms include, but are not
limited to, an alarm activated through mechanical failure, malfunction
improper installation, negligence or human error. Activation of an
alarm shall not be considered a false alarm when it is caused by a
power outage, earthquake, damage to a building or severe weather conditions.
Whenever an alarm is activated by whatever means with the result
that there is a response to the location of the alarm by the Police
Department, a record of the alarm shall be made and kept by the Police
Department, and notice shall be posted at the property. If such alarm
is a false alarm, the notice shall specify.
It shall be unlawful for an alarm to be falsely activated more
than three times in a calendar year. Beginning with the fourth false
alarm in a calendar year, the owner or person in control of such premises
shall pay a service fee of $25 per occurrence to the Fairhaven Police
Department. Starting with the fifth false alarm and up to and including
the ninth false alarm in a calendar year, the owner or person in control
of such premises shall pay a service fee of $50 per occurrence. Starting
with the 10th false alarm in a calendar year, the service fee shall
be $100 per occurrence. Notice of such service fee shall be posted
at the premises or mailed to the owner or person in control of such
premises. The service fee shall be paid to the Fairhaven Police Department
with 30 days of notice. After 30 days, interest shall accrue at the
maximum statutory rate as provided for in MGL c. 40 § 21E
and MGL c. 59 § 57.
Any audible alarm installed after April 1, 2003 shall be equipped
with an automatic shut off device that shall shut off the audible
component of the alarm within 30 minutes of activation. In the event
of a response by the Fairhaven Police Department to an alarm in violation
of this provision, the owner or person in control of such premises
shall pay a service fee or $50 to the Fairhaven Police Department.
Notice of such violation and service fee shall be posted at the premises
or mailed to the owner or person in control of such premises, and,
if the violation is not corrected within 30 days of said notice, each
day thereafter shall be deemed a separate violation, until brought
into compliance. The service fee shall be paid to the Fairhaven Police
Department within 30 days of notice. After 30 days, interest shall
accrue at the maximum statutory rate as provided for in MGL c. 40 § 21E
and MGL c. 59 § 57.
It shall be unlawful to install, allow to install, or use any
alarm system that notifies the police communications center of an
alarm activation by use of a recorded message. In the event of a response
by the Fairhaven Police Department to an alarm in violation of this
provision, the owner or person in control of such premises shall pay
a service fee of $50 to the Fairhaven Police Department. Notice of
such violation and service fee shall be posted at the premises or
mailed to the owner or person in control of such premises, and, if
the violation is not corrected within 30 days of said notice, each
day thereafter shall be deemed a separate violation, until brought
into compliance. The service fee shall be paid to the Fairhaven Police
Department within 30 days of notice. After 30 days, interest shall
accrue at the maximum statutory rate as provided for in MGL c. 40 § 21E
and MGL c. 59 § 57.
