[Adopted 8-15-1980; amended through 6-18-2007]
A.Â
Pursuant to Chapter 5, formerly Section 28 of Article XXV of the General By-Laws of the Town of Lexington, these rules and regulations for police alarms are hereby adopted, effective September 15, 1980, as amended on November 14, 1988, on August 5, 1991, on December 16, 1991 and on July 1, 2007.
B.Â
The alarm history in Lexington from 1991 through 2006
provided statistical evidence that less than 1% of alarm activations
involve criminal conduct. The model burglar alarm ordinance drafted
by the National Burglar & Fire Alarm Association and the False
Alarm Reduction Association was used as a resource.
As used in this article, the following terms
shall have the meanings indicated:
A person or business that sells, provides, monitors, maintains,
services, repairs, alters, replaces, moves or installs an alarm system.
This includes an individual or business that installs an alarm system
for his or its private or proprietary facilities.
A designee of the Police Department responsible for administration
of the alarm program. The Alarm Officer is charged with the responsibility
of reviewing alarm activations, service fee billing, reporting on
problematic alarm systems and serving as a resource to the community.
A device or series of devices that emits or transmits a remote
or local audible, visual or electronic signal indicating an alarm
has been activated and is intended or is likely to result in the summoning
of police services. This does not include an alarm installed in a
vehicle unless the vehicle is permanently located at the site.
Any homeowner, renter, lessee, or other resident and any
renter, lessee, or owner of a business or other establishment or building
(other than a government facility) who is primarily responsible for
an alarm system and/or an activation of the alarm system.
An alarm that has been independently verified by a third
party other than the Police Department confirming that the alarm was
activated as the result of a crime or incident requiring the police
to investigate.
Any electronic, mechanical or other device that, when activated,
automatically contacts the Police Department by telephone, radio or
other means requesting police services through a prerecorded message
or other automated system.
The notification of the Police Department by the person who
initially requests police response to a non-high-risk alarm activation
that the situation does not require a police response.
One or more individuals, or a private business, that can
respond to the alarm location to assist police and fire services to
thoroughly inspect the property, secure unlocked doors and windows,
deactivate or reset an alarm, and/or take responsibility for protected
property.
Any alarm where a responding officer(s), having completed
a timely investigation of the alarm site, finds no reasonable evidence
of a criminal offense. False alarms include avoidable alarms whereby
the alarm activation caused by noncriminal behavior could have been
avoided with simple preventative measures.
Include panic, duress, silent, robbery, holdup and/or any
similarly labeled alarm that suggests the alarm has been manually
activated and a crime is in progress or there is some other life threatening
event. High-risk alarms also include commercial establishments, such
as gas stations, banks, jewelry stores and/or businesses with cash
or valuables commonly victimized by robbery or commercial thefts.
Any alarm that activates repeatedly and/or unnecessarily
within the same twenty-four-hour period, emits an outside audible
that does not reset after 10 minutes, emits an outside audible that
sounds more than twice from the same activation, and/or when the Chief
of Police, or a designee, determines the alarm is a nuisance due to
a violation(s) of these rules and regulations.
A.Â
Alarm users are prohibited from using and alarm companies
are prohibited from installing automatic voice dialers. A violation
of this rule is punishable by fine.
B.Â
Alarm activations that are not high-risk alarms should
be reported to the Police Department on the published business telephone
line. Known emergencies should be reported by dialing 9-1-1. Other
special lines may be designated by the Police Chief to report alarm
activations.
B.Â
An alarm company that monitors alarm systems with
the purpose of reporting alarm activations to the Police Department
shall register all alarm systems monitored by the company located
within Lexington annually between January 1 and January 15. If registering
10 or more alarms, the list must be provided in alphabetical order
by name. Whenever there is a change, the alarm company will register,
within two weeks, any new and removed alarm systems or when there
has been a change to the required registration information.
C.Â
An alarm company without registration information
must coordinate with the alarm user and/or the person or business
that retains the registration information and confirm that each alarm
system is properly registered. Without confirmation that an alarm
system is properly registered, alarm verification is required prior
to reporting the alarm activation to the Lexington Police Department.
D.Â
An alarm user with an alarm company is excused from
registering his or her alarm if an alarm company has registered the
same alarm system. The alarm user and the alarm company are responsible
for coordinating who will register the alarm system.
E.Â
An alarm user without an alarm company is responsible
for registering a local audible, visual or electronic signal indicating
an alarm has been activated and is intended or is likely to result
in the summoning of police services. The address, name of the person
responsible for the alarm system and phone number of the property
must be provided annually between January 1 and January 15 and/or
within two weeks of a change to this information.
F.Â
No fee. There is no fee for registering an alarm system.
The costs for police service to false alarms will be carried by those
alarm users whose alarm system(s) causes three or more false alarms
in a calendar year.
G.Â
No registration is required if the residence or business
has no local audible, visual or electronic signal that alerts a neighbor
or passing person that an alarm has been activated and for other types
of alarms where the alarm user or alarm company provides alarm verification.
In these instances, no false alarm will be reported to the Police
Department.
H.Â
Recommendation; use of contact person. When registering
an alarm system, the Police Department will accept the name of and
encourages the use of a contact person. This information will be used
when there is an alarm activation to help protect the property or
to avoid additional false alarms.
A.Â
Register: insure that the alarm is properly registered.
B.Â
Maintain: insure that the alarm system is properly
installed and maintained to minimize or eliminate false alarms (including
equipment that prevents false alarms during regional power outages
and severe storms). If two false alarms are received in a calendar
year, the alarm system should be inspected, repaired if needed, and/or
the alarm user(s) should receive additional training in the use of
the alarm system.
C.Â
Train: insure that all persons who may activate the
alarm are properly trained in the use of the alarm system and/or have
the means to disarm and rearm the alarm system without causing a false
alarm.
D.Â
Proper use. Adjust the alarm system so that an alarm's
audible signal sounds for no longer than 10 minutes after being activated.
The alarm shall be programmed to sound or cycle not more than twice
during any single activation. The alarm user shall not intentionally
cause a false alarm resulting in a police response to the alarm site.
Any violation of this subsection is punishable by a fine.
A.Â
Proper installation. The alarm company shall install
alarm systems that meet current industry standards and offer alarm
users written and oral instructions as to the proper use of the system.
The alarm company should make regular maintenance, upgrades and remedial
training available to the alarm users.
B.Â
High-risk alarms. Alarm companies should clearly distinguish
high-risk alarms when reporting an alarm activation to the Police
Department. High-risk alarms will be given a high-priority police
response.
C.Â
Reporting alarm. The alarm company representative,
when reporting an alarm activation, should provide when available
the nature of the alarm, the owner's name and the address of the alarm,
the location within the address where the alarm was activated, and
any other pertinent information that may assist police officers to
safely investigate the alarm.
D.Â
Cancellation: An alarm cancellation should be reported
to the Police Department as soon as it is learned that a police response
is not required. Cancellations received prior to police arrival will
not result in a service fee. No cancellation will be accepted for
high-risk alarm activations.
A.Â
The Police Chief, or his designee, may suspend police
response to any alarm where an undue number of false alarms have occurred
and/or where an alarm user or alarm company does not reasonably comply
with any provision of the police alarm bylaw.
B.Â
High-risk alarms will be given a priority police response
and will not be suspended without the prior investigation by the alarm
officer or other designee as to the reasons for excessive false alarms.
C.Â
Residential alarm. When there have been three false
alarm activations in a twenty-four-hour period, the Police Chief or
designee may suspend further police response to the alarm for up to
three days. When there have been eight false alarms that are subject
to the alarm service fee, the Police Chief or designee may suspend
further police response for any period of time thereafter.
D.Â
Nonresidential alarm. When there have been three false
alarm activations in a twenty-four-hour period, the Police Chief or
designee may suspend further police response to the alarm for up to
three days. When there have been 10 false alarms that are subject
to the alarm service fee, the Police Chief or designee may suspend
further police response for any period of time thereafter.
E.Â
Restoration of service. The Police Chief or designee
may authorize restoration of police response when an alarm user or
alarm company reasonably demonstrates that he or it has taken appropriate
measures to prevent additional false alarms and/or has come into full
compliance with these rules and regulations.
A.Â
Residential. An alarm service fee of $80 will be assessed
on the third and each subsequent false alarm in a calendar year. The
alarm service fee for the first and second alarm will not be assessed,
provided no additional false alarms occur during the calendar year;
these fees will be deferred and included in part proportionately in
each service fee for the third and subsequent false alarm, up to and
including the eighth false alarm.
B.Â
Nonresidential and high-risk alarms. An alarm service
fee of $120 will be assessed on the third and each subsequent false
alarm in a calendar year. The alarm service fee for the first and
second alarm will not be assessed, provided no additional false alarms
occur during the calendar year; these fees will be deferred and included
in part proportionately in each service fee for the third and subsequent
false alarm, up to and including the 10th false alarm.
C.Â
All false alarm activations that occur in one calendar
day will be counted as one false alarm.
D.Â
When possible, the Police Department will leave notice
of each false alarm activation at the residence or business and provide
a written letter of warning on the second false alarm.
E.Â
Alarm service fees are not subject to appeal. However,
the Police Chief, alarm officer or other designee will accept written
documentation that outlines mitigating circumstances for the false
alarms and the measures being taken by the alarm user to prevent future
false alarms. The Chief of Police is authorized to waive service fees.
F.Â
An alarm user with five or more alarm service fees,
unpaid for a period of six months, will be given a final written notice
of the fees owed. The alarm user has 14 days to make full payment;
otherwise the alarm user is subject to an additional fine.
An alarm user and/or an alarm company may be
fined for violations of these rules and regulations. The levels of
fines to be assessed by the Police Department are subject to Town
Meeting endorsement.
In the interest of public safety, all employees
or representatives of the Town of Lexington will hold confidential
all information contained in alarm registrations and/or information
that specifically identifies an alarm system.
Alarm registration is not intended to, nor will
it, create a contract, duty or obligation, either expressed or implied,
of response. Any and all liability and consequential damages resulting
from the failure to respond to a notification are hereby disclaimed.
Governmental immunity, as provided by law, is retained. By registering
an alarm, the alarm user and the alarm company acknowledge that law
enforcement response may be influenced by factors such as, but not
limited to, the availability of police units, priority of calls, weather
conditions, traffic conditions, emergency conditions, staffing levels
and prior response history.