[HISTORY: Adopted by the City Council of
the City of Fitchburg 7-21-1992 by Ord. No. 98-92. Amendments noted
where applicable.]
A.
The purpose of this chapter is to encourage security
alarm users and alarm businesses (sales, installation, customer service
and/or monitoring) to maintain the operational reliability and the
proper use of alarm systems in limiting unnecessary police emergency
responses to false alarms.
B.
This chapter governs burglary and robbery systems,
requires permits, establishes fees, provides for penalties for violations,
establishes a system of administration and sets conditions for the
suspension or revocation of permits.
As used in this chapter, the following terms
shall have the meanings indicated:
A person or persons designated by the Chief to administer,
control and review alarm applications, permits and false alarm notifications.
Any person(s) engaged in the business of installing, repairing
or offering maintenance for security systems. Any such person(s) shall
be governed by and conform with the provisions of MGL c. 147, §§ 57
through 61, inclusive.
[Added 11-1-1994 by Ord. No. 284-94]
A notification intended to summon the police, which is designed
either to be initiated purposely by a person or by an alarm system
that responds to a stimulus characteristic of unauthorized intrusion.
At the discretion of the alarm administrator, multiple false alarm
notifications in a twenty-four-hour period of time may be counted
as only one FAN.
Consists of one representative from the Police Department,
one from the professional alarm industry and one from the public at
large appointed by the Mayor.
A single premises or location served by an alarm system.
A device or system that emits, transmits or relays a signal
intended to summon or that would reasonably be expected to summon
police services of the City, including but not limited to local alarms.
"Alarm system" does not include:
A room or set of rooms used as a dwelling and located within
an apartment complex.
[Added 11-1-1994 by Ord. No. 284-94]
A building or buildings containing separate residential apartments.
[Added 11-1-1994 by Ord. No. 284-94]
The Chief of Police or the Alarm Administrator so designated
by him or her or an authorized representative.
[Amended 6-3-2014 by Ord.
No. 100-2014]
An alarm notification to the Police Department when the responding
officer finds no evidence of a criminal offense or attempted criminal
offense. Excluded from this definition are:
Alarms occurring during electrical storms, hurricanes,
tornadoes, blizzards and acts of God;
The intermittent disruption or disruption of
the telephone circuits beyond the control of the alarm company and/or
alarm user;
An electrical power disruption or failure; or
Alarms caused by a failure of the equipment
at the communication center.
An alarm system that emits a signal at an alarm site, that
is audible or visible from the exterior of the structure.
The person designated in the application, as required in § 140-3C(1), who is responsible for responding to alarms and giving access to the site or who is responsible for the proper maintenance and operation of the alarm system and for the payment of fees, and the property owner as identified in the City Assessor's records.
[Amended 10-5-2021 by Ord. No. 180-2021]
An individual, corporation, partnership, association, organization
or similar entity.
A telephone line leading into the communications center of
the Police Department that is for the primary purpose of receiving
emergency messages that originate from automatic protection devices
and that are transmitted through an alarm monitoring company.
A.
A person commits an offense if he or she operates
or causes to be operated an alarm system without a valid permit issued
by the Chief. A separate permit is required for each alarm system.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
Upon receipt of a completed registration form and
a nonrefundable permit fee of $25 for a new permit, the Chief shall
issue an alarm permit to an applicant unless the applicant has:
[Amended 11-1-1994 by Ord. No. 284-94]
C.
Each permit applicant must include the following information:
(1)
The name, address and telephone numbers of the person
who will be the permit holder and will be responsible for the proper
maintenance and operation of the alarm system and for the payment
of fees assessed under this chapter, and the property owner as identified
in the City Assessor's records.
[Amended 10-5-2021 by Ord. No. 180-2021]
(2)
The classification of the alarm site as residential,
commercial or apartment.
(3)
For each alarm system located at the alarm site, the
purpose of the alarm system, i.e., burglary or robbery.
(4)
When required by this chapter, certification from
a person licensed by the State of Massachusetts to install or design
systems, stating:
(5)
Other information required by the Chief that is necessary
for the enforcement of this chapter.
(6)
A copy of the permit issued by the Wire Department
covering the installation of the alarm system.
[Added 11-1-1994 by Ord. No. 284-94]
D.
Any false statement of a material matter made by an
applicant for the purpose of obtaining an alarm permit shall be sufficient
cause for refusal to issue a permit.
E.
An alarm permit cannot be transferred to another person.
A permit holder shall inform the Chief of any change that alters any
information listed on the permit application within two business days.
No fee will be assessed for such changes.
F.
All fees owned by an applicant must be paid before
a permit may be issued or renewed.
[1]
Editor's Note: Former § 140-4, Alarm
systems in apartment complexes, was repealed 11-1-1994 by Ord. No.
284-94.
[Amended 11-1-1994 by Ord. No. 284-94]
A.
A permit expires one year from the date of issuance
and must be renewed for a new one-year period by submitting an updated
application and a permit renewal fee to the Chief. It is the responsibility
of the permit holder to submit an application prior to the permit
expiration date. Failure to renew will be classified as use of a nonpermitted
alarm system, and penalties shall be assessed without waiver.
B.
The Chief, at his or her discretion, may order an
inspection of an alarm system by the Wire Inspector. The fee for the
inspection shall be $50. If a reinspection is necessary by the Wire
Inspector, the reinspection fee shall be $25.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
Alarms in residences installed prior to January 1,
1994, shall be exempt from the twenty-five-dollar permit fee.
A permit holder or person in control of an alarm
system shall:
A.
Maintain the premises and the alarm system in a manner
that will minimize or eliminate false alarm notifications.
B.
Not manually activate an alarm for any reason other
than an occurrence of an event that the alarm system was intended
to report.
C.
Respond or cause his or her representative to appear
at the system location within a reasonable period of time when notified
by the alarm monitoring company to deactivate a malfunctioning alarm
system, to provide access to the premises or to provide security for
the premises.
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
Adjust the mechanism or cause the mechanism to be
adjusted so that an alarm signal will sound for no longer than 15
minutes after being activated.
A person in control of a local alarm or alarm
system shall not contract or retain an alarm company that is not properly
licensed according to the most recent Massachusetts General Laws governing
the same.
A person who is engaged in the business of relaying
alarm notifications to the police shall:
A.
The officer responding to an alarm reporting a burglary
or robbery shall record such information as necessary to permit the
Chief to maintain records, including but not limited to the following
information:
B.
The police shall keep a record of whether the notification
was caused by a criminal offense or an attempted criminal offense
or was a false alarm.
C.
In the case of an assumed false alarm, the responding
officer shall leave notice at the alarm site that the Police Department
has responded to a false alarm notification. The notice will include
the following information:
If there is a reason to believe that an alarm
system is not being used or maintained in a manner that ensures proper
operation and suppression of false alarms, the Chief may require a
conference with an alarm permit holder and the individual or association
responsible for maintenance of the alarm system to review the circumstances
of each false alarm.
A.
The holder of an alarm permit or the person in control
of an alarm system shall be subject to warning, fines, suspension
or revocation of the permit, depending on the number of false alarm
notifications emitted from an alarm system within a twelve-month period
based upon the following schedule:
|
Number of False Alarm Notifications
|
Action Taken
|
|---|---|
|
1
|
Written notice per § 140-9C
|
|
2
|
Warning letter No. 1
|
|
3
|
Warning letter No. 2, plus a fine of $25
|
|
4
|
Suspension of permit, plus a fine of $50
|
|
5 and subsequent
|
Revocation of permit, plus a fine of $100
|
B.
Any person who operates a newly installed system will
not be subject to a false alarm notification during the 30 days following
completion of the system, provided that a permit application is received
by the Chief. The completion date shall be certified by a person currently
licensed by the State of Massachusetts.
C.
Any person operating a nonpermitted alarm system will be subject to an assessment of $50 for each FAN without benefit of the notifications provided for in § 140-11A above. Subsequent submittal of an alarm permit application may allow waiver of subsequent fee assessments, but each FAN previously received shall be counted in accumulating the five-notification total.
D.
Any person utilizing a tape dialer with an accompanying
alarm message to notify the police of an alarm by accessing police
emergency phone lines shall be assessed $200 for each such occurrence.
E.
Alarm activations caused by criminal activity or with
evidence of criminal attempt shall not be counted nor FAN's accumulated.
F.
Failure
to pay amounts due may in the discretion of the Chief become a municipal
charges lien and will be collected as such in the ordinary course.
[Added 10-5-2021 by Ord. No. 180-2021]
A.
The fourth FAN shall result in a notice of suspension
of permit. This notice shall be sent by the Chief to the permit holder
by certified mail, return receipt requested. It will state, in part,
that police response to the address in question, as a result of an
alarm notification, will terminate upon the Police Department's receiving
of the return receipt. If the notice is undeliverable via the postal
service, a police officer will deliver the notice to the permit holder
at the address supplied in the application. In-hand service, in this
case, is not a requirement.
B.
The suspension shall remain in effect until such time
as:
(1)
The permit holder pays or otherwise resolves all fines
sought under the provisions of this chapter.
(2)
The permit holder submits a certificate from a professional
alarm company, licensed by the State of Massachusetts to install or
design alarm systems, stating that the alarm system in question has
been repaired and/or inspected and its users instructed in its use
and that it is capable of proper service.
A.
B.
A person commits an offense if he or she operates
or causes to be operated an alarm system during the period in which
his or her permit is revoked.
[Amended 6-3-2014 by Ord.
No. 100-2014]
A.
Permit holders shall be entitled to a hearing if requested
within 10 days of receipt of the notice of revocation. The request
must be made through the Chief. The hearing will be conducted by the
Alarm Review Board within 10 days of said request.
B.
The Alarm Review Board shall conduct a formal hearing
and shall consider the evidence by any interested person(s). The Board
shall make its decision based on a preponderance of the evidence presented.
The Board must render a decision within 10 days of the hearing. The
Board may affirm, reverse or modify the action of the Chief. The decision
of the Board is final as to administrative remedies with the City.
A person whose alarm permit has been revoked
may be issued a new permit if the person:
A.
Submits an updated application and pays a permit fee
of $25.
B.
Pays or otherwise resolves all fines, complaints or
pending complaints in District Court assessed or filed against said
person under the provisions of this chapter.
C.
Submits a certificate from a professional alarm company
licensed by the State of Massachusetts to install or design alarm
systems, stating that the alarm system in question has been repaired
and or inspected and is capable of proper service.
A.
Acceptable form of alarm reporting. All alarms coming
into the Fitchburg Police Department must be received on special alarm
phones via dedicated trunklines established and maintained for alarm
reporting only. Access to these trunklines and associated phone numbers
will only be available to verified alarm monitoring companies.
