[HISTORY: Adopted May 1997 ATM by Art. 11
as Ch. 15 of the 1997 Bylaws. Amendments noted where applicable.]
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 chapter will reduce the number of false alarms
and promote the responsible use of alarm devices in the Town of Chatham.
The following words, for the purposes of this
chapter of these bylaws, shall, unless another meaning is clearly
apparent for the way in which the word is used, have the following
meanings:
Means 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, arranged to signal the presence of a hazard requiring urgent
attention and to which police and/or fire fighters 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 premises or an attempted
break at a premises are included.
Means any firm or corporation in the business of supplying
and installing alarm devices or serving the same.
Means:
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.
Any signal or oral communication transmitted
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 unauthorized intrusion, robbery, burglary,
attempted threat, or fire or threat of fire, illness, injury or threat
of life.
For purpose of this definition, activation of
alarm systems by acts of vandals or 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.
Means an electrically operated instrument composed of sensory
apparatus and related hardware which automatically sends over regular
telephone lines, by direct connection or otherwise, a prerecorded
voice alarm upon receipt of a stimulus from the sensory apparatus
that has detected a physical force or condition inherently characteristic
of a fire or unauthorized intrusion.
Means the occupant of the premises containing the alarm systems.
A.
There shall be in the Town an administrator for alarm
devices who shall have the powers and duties granted under this chapter.
B.
The Police and Fire Chiefs or their 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 chapter.
[Amended 6-12-2021 ATM by Art. 55]
Each alarm user shall register his alarm device
or devices with the administrator prior to use, provided that alarm
devices in use as of the effective date of this chapter may 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 users 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 chapter using an audible signal shall be equipped with a device
that will shut off such signal within 10 minutes after activation
of the alarm system.
It shall be unlawful to install a protection
device that is automatically keyed to and/or activates the telephone
(numbers) lines controlled by and/or listed to the Chatham Police
or Fire Department.
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 chapter.
(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.
Upon receipt of a 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.
Each notice of a false alarm charge or the reaffirmation
of such 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 chapter,
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.
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 signal within 10 minutes after activation of the alarm system.
The provisions of this chapter 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.
