[HISTORY: Adopted by the Town Meeting of the Town of Nantucket as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 101.
[Adopted 4-10-1989 ATM by Art.
91, approved 7-24-1989]
For the purpose of this article, the following definitions shall apply:
- CONTRACTOR
- Any firm or corporation in the business of supplying and installing
private intrusion alarm devices or servicing the same.[Amended 4-15-2003 ATM by Art. 26, approved 8-27-2003]
- FALSE PRIVATE INTRUSION ALARM
- The activation of a private intrusion alarm system by any cause where in fact a hazard requiring attention to which police officers are expected to respond does not exist. Such causes include mechanical failure, malfunction, improper installation, recklessness, intentional conduct or negligence of the user of a private intrusion alarm system or of his employees or agents. For purposes of this definition, activation of a private intrusion alarm system by acts of vandals or acts of nature, including but not limited to hurricanes, tornadoes, earthquakes and similar weather or atmospheric disturbances, shall not be deemed a false private intrusion alarm.
- PRIVATE INTRUSION ALARM SYSTEM
- Any assembly of equipment or any device to signal the presence of a hazard to which the Town of Nantucket Police Department is expected to respond; provided, however, that such definition shall not include private fire alarm systems as may be defined in any other bylaw regulating false private fire alarms. [1]
- TOWN
- The Town of Nantucket.
- USER
- The occupant of the premises containing the private intrusion alarm system.
A.
There shall be in the Town an administrator for private
intrusion alarm devices who shall have the powers and duties granted under
this article.
B.
The Chief of Police, or his designee, shall be the administrator
under the direction and control of the Board of Selectmen.
C.
The Board of Selectmen is authorized to adopt regulations
for the administration of this article.
Each private intrusion alarm user shall register his private intrusion
alarm device or devices with the administrator prior to use, provided that
private intrusion alarm devices in use as of the effective date of this article
may be registered no later than 60 days from such date.
All information in the possession of the administrator or the Police
Department concerning specific private intrusion alarm users and specific
private intrusion alarm devices shall be considered law enforcement information
and as such shall be considered confidential and shall not be divulged without
the written consent of the private intrusion alarm user or users concerned.
A.
Every user shall submit to the Chief of Police the names
and telephone numbers of at least two other persons who are authorized to
respond to an emergency signal emitted by a private intrusion alarm system
and who are authorized to open the premises wherein the private intrusion
alarm is installed.
B.
All private intrusion alarm systems 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 private intrusion alarm
system.
[Amended 4-8-1996 ATM by Art. 46,
approved 7-15-1996]
C.
All private intrusion alarm systems shall be equipped
with a battery backup or other device or be of a design so as to prevent the
signalling of a private intrusion alarm in the event of an AC power failure.
[Amended 4-8-1996 ATM by Art. 46,
approved 7-15-1996]
[Amended 4-15-2003 ATM by Art. 58, approved 6-30-2003]
Every person who is the owner of, or who is in charge of, premises on
which a private intrusion alarm device is installed shall register such intrusion
alarm device annually on or before April 1 of each year and shall submit to
the Chief of the Town of Nantucket Police Department, in writing, on or before
that date, a registration statement, on a form to be established by the Police
Chief, and an annual registration fee in the amount of $50. The registration
statement shall contain such person's name, address and telephone number,
as well as the name, address and telephone number of at least two other persons
who are authorized to respond to a signal transmitted by the private intrusion
alarm device and who are authorized to open the premises on which the private
intrusion alarm device is installed. For such private intrusion alarm devices
currently installed, such persons shall submit such registration statements
within 30 days of the adoption of this article. Such registration form may
require permission from the user in favor of the Town of Nantucket Police
Department to break into and enter the registered premises forcibly without
liability on the indemnification from the user in favor of the Town and its
officers with respect to any such forcible breaking and entering, in order
to respond to such an alarm.
A.
Upon the occurrence of three false private intrusion
alarms attributable to one premises within a calendar year, the Police Chief
or his designee may, at his discretion, in writing, notify the private intrusion
alarm user:
(1)
That the user is to discontinue the use of the private
intrusion alarm insofar as it triggers Police Department response.
(2)
That further connections to the communications console
at the Police Station will be contingent upon the private intrusion alarm
user equipping the private intrusion alarm system with a device that will
shut off any audible horn or bell within 10 minutes after activation of the
private intrusion alarm system.
(3)
That further connections to the communications console
at the Police Station will be contingent upon the private intrusion alarm
user equipping the private intrusion alarm system with a battery backup or
other device, or that the private intrusion alarm be modified so as to prevent
the signalling of a private intrusion alarm in the event of an AC power failure.
B.
The private intrusion alarm user shall be assessed a
fee of $100 for each additional false private intrusion alarm occurring at
the premises within the same calendar year. All fees assessed hereunder shall
be paid to the Town Treasurer for deposit into the general fund.
[Amended 4-15-2003 ATM by Art. 58, approved 6-30-2003]
A.
False private intrusion alarm fees.
(1)
The administrator shall notify the responsible private intrusion alarm user of any false private intrusion alarm fee assessed under § 26-8B above by certified mail to the address which is on file with the Tax Assessor of the Town for the purposes of tax mailings. Within 30 days after the mailing of such notice, the private intrusion alarm user may file with the administrator information to show that the private intrusion alarm was not a false private intrusion alarm within the meaning of this article.
(2)
The administrator shall consider such information and,
based thereon, shall affirm or rescind the false private intrusion alarm fee
and notify the private intrusion alarm user of his decision by mail. Within
30 days after mailing such notice, the private intrusion alarm user may file
with the Private Intrusion Alarm Appeal Board an appeal in writing.
B.
Appeal to the Private Intrusion Alarm Appeal Board. Upon
receipt of a timely appeal from a false private intrusion alarm fee, the Private
Intrusion Alarm Appeal Board shall hold a hearing to consider it and shall
mail notice of the time and place of said hearing to the private intrusion
alarm user taking the appeal at his last known address at least 15 days before
the hearing. On the basis of information introduced at the hearing, the Board
shall affirm the fee if it finds that the fee was properly imposed, or rescind
the fee if the fee was not properly imposed.
C.
Notice to include instructions. Each notice of a false
private intrusion alarm fee or the affirmation of such fee by the administrator
shall refer to and provide instructions concerning the private intrusion alarm
user's right to further recourse by filling in information with the administrator,
or an appeal with the Private Intrusion Alarm Appeal Board, as the case may
be.
A.
There shall be a fee of $15 for each appeal to the Private
Intrusion Alarm Appeal Board; provided, however, that in the event such Board
finds in favor of the user, such appeal fee shall be refunded.
B.
The amount of the fee for taking an appeal may be raised
or lowered from time to time at the discretion of the Private Intrusion Alarm
Appeal Board.
Fees for false private intrusion alarms and appeal fees will be collected
by the administrator and deposited into 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 private intrusion alarm device
or of the private intrusion alarm monitoring facilities at police headquarters.
Any person who commits, or causes to be committed, any of the following
acts shall be subject to a fine of up to $100 for each such act:
B.
Any police officer of the Town may utilize the noncriminal disposition procedure set forth in Chapter 1 of the Code of the Town of Nantucket or may file an application for a criminal complaint with the Trial Court of the Commonwealth, District Court, Nantucket Division, to enforce the provisions of § 26-13 of this article.
The provisions of this article shall not apply to intrusion alarm devices
on premises owned or controlled by the Town, nor to intrusion alarm devices
installed in a motor vehicle or trailer.
The invalidity of any provision or provisions of this article shall
not affect the validity of the remaining provisions.
[Adopted 4-10-1989 ATM by Art.
92, approved 7-24-1989]
A.
It has been determined that the number of false private
alarms being made to the Fire Department hinders the efficiency of that Department
by the deployment of apparatus and personnel to so-called "false alarms."
B.
The adoption of this article is intended to charge the
user whose property continually generates false private alarms due to improperly
designed, installed or maintained systems.
C.
It is further intended to reduce the number of false
alarms by promoting responsible users and reliable systems for the protection
of life and property. A reduction in false alarms will, in turn, save the
taxpayers dollars for the Town of Nantucket.
For the purpose of this article, the following definitions shall apply:
- CONTRACTOR
- Any firm or corporation in the business of supplying and installing
alarm systems or servicing the same.[Amended 4-15-2003 ATM by Art. 26, approved 8-27-2003]
- FALSE PRIVATE FIRE ALARM
- Any signal, telephone dialer or oral communication from an alarm company's central station transmitted directly to the Fire Department requesting, requiring or resulting in a response on the part of the Fire Department as a result of the activation of an alarm system by any cause where in fact a hazard requiring urgent attention to which fire fighters are expected to respond does not exist. Such causes include mechanical failure, malfunction, improper installation or recklessness, intentional conduct or negligence of the user of an alarm system or of his employees or agents. For purpose of this definition, activation of an alarm system by any of the following acts, including but not limited to vandals, hurricanes, tornadoes, earthquakes and similar weather or atmospheric disturbances, shall not be deemed a false alarm.
- FIRE ALARM SYSTEM
- Any assembly of equipment or any device designed to signal the presence of a hazard requiring urgent attention to which fire fighters are expected to respond, excluding any private alarm system regulated by any bylaw applicable to the Police Department response to private intruder alarms. [1]
- TOWN
- The Town of Nantucket.
- USER
- The occupant of the premises containing the alarm system.
A.
There shall be in the Town an administrator for fire
alarm systems who shall have the powers and duties granted under this article.
B.
The Fire Chief, or his designee, shall be the administrator
under the direction and control of the Board of Selectmen.
C.
The Board of Selectmen is authorized to adopt regulations
for the administration of this article.
[Added 4-4-2006 ATM by Art. 65,
approved 8-2-2006]
A.
When access to or within a structure or an area is unduly difficult
because of secured openings or where immediate access is necessary for life
saving or fire-fighting purposes, the Chief may require the owner, lessee,
tenant, or other party in control of said structure or area, by written notification
mailed to said party, to install a key box in an accessible location approved
by the Fire Chief.
B.
Said key box shall be of a design approved by the Fire Chief
and shall contain all keys which the Fire Chief deems necessary to gain the
required access to the structure or area. Two keys for said box shall be supplied
to the Fire Chief. It shall be the responsibility of the owner, lessee, tenants,
or other party in control of a structure or area (1) to assume all costs involved
in the installation of said key box and supplying keys to the Fire Chief,
(2) to keep said box in good repair and (3) to insure that all keys contained
therein are those currently in use in the structure or area.
A.
There shall be in the Town a False Private Fire Alarm
Appeal Board, which shall have the powers and duties granted to it under this
article.
B.
The False Private Fire Alarm Appeal Board shall consist
of three persons: a designee of the Board of Selectmen, the Fire Chief and/or
Superintendent of Fire Alarms and a representative selected by the Board of
Selectmen from nominations by the Nantucket Lodging Association.
Each private fire alarm user shall register his alarm system with the
administrator prior to use, provided that alarm systems in use as of the effective
date of this article may be registered no later than 60 days from such date.
All information in the possession of the administrator or the Fire Department
concerning specific fire alarm users and specific fire alarm systems shall
be considered law enforcement related and in order to discourage arson as
such are to be treated confidentially and shall not be divulged without the
written consent of the fire alarm user or users concerned.
A.
Every user shall submit to the Fire Chief, or his designee,
the names and telephone numbers of at least two other persons or companies
who are authorized to respond to an emergency signal transmitted by an alarm
system and who are authorized to open the premises wherein the alarm system
is installed.
B.
Receipt of the information described in Subsection A above shall not in any way limit the right of the Fire Department to enter the subject premises prior to the arrival of the authorized person or company should immediate entry be deemed necessary by the Fire Department.
C.
All alarm systems installed after the effective date
of this article shall be equipped with a battery backup or other device or
be of a design so as to prevent the signalling of an alarm in the event of
an AC power failure.
A.
Every user who is the owner of or who is in charge of
premises on which an alarm system is installed shall cause to be inspected
and registered such alarm system annually on or before April 1 of each year
and shall submit to the Fire Chief of the Nantucket Fire Department, or his
designee, on or before that date, a copy of the current 100% annual inspection
report and, as applicable, in writing, a registration statement on a form
to be established by the Fire Chief. The registration statement shall contain
the user's name, address and telephone numbers, as well as the name, address
and telephone number of at least two other persons or companies who are authorized
to respond to a signal transmitted by the alarm system and who are authorized
to open the premises on which the alarm system is installed. Such registration
may require permission from the user in favor of the Town of Nantucket to
break into and enter the premises forcibly without liability to the Town or
to any fire fighter and may require indemnification by the user in favor of
the Town and such fire fighters for any damage resulting from such entry in
response to such private fire alarm.
B.
For alarm systems currently installed, such persons shall
submit such registration statements within 30 days of the adoption of this
article.
A.
Upon the occurrence of two false alarms attributable
to one premises within a calendar year, the Fire Chief, or his designee, may,
at his discretion, in writing, notify the private alarm user:
(1)
That the use of the private fire alarm system is to be
discontinued insofar as a response is expected from the Nantucket Fire Department
until the repairs are made acceptable to the Fire Department; and
(2)
That further connection to the communications console
at the fire station will be contingent upon the alarm user equipping the alarm
system with a battery backup or other device or that the alarm system be of
a design so as to prevent the signalling of alarms in the event of an AC power
failure.
B.
The alarm user shall be assessed a fee of $200 for each
additional false fire alarm occurring at the premises within the same calendar
year. All fees assessed hereunder shall be paid to the Town Treasurer for
deposit into the general fund.
[Amended 4-15-2003 ATM by Art. 58, approved 6-30-2003]
D.
Failure of the user to have the annual inspection done as required by § 26-24 above shall be punishable by a fine of $100 for every false fire alarm transmitted from that property (notwithstanding the provisions of Subsection A above) until the required inspection has been completed by a recognized testing company.
E.
Any person disconnecting a system or portion of a system for the purpose of circumventing this article shall be fined $300 and, in the event that such person is a user as defined in § 26-18 above, shall have his license or certificate of occupancy revoked for 30 days.
F.
The Fire Chief and/or Superintendent of Fire Alarms may,
in his discretion, grant relief to a user from accruing false fire alarm fees,
if, in the past, the user has taken reasonable steps to prevent false private
fire alarms and has promptly dealt with any problems or repairs.
A.
False private fire alarm fees.
(1)
The administrator shall notify the responsible fire alarm user of any false private fire alarm fee assessed under § 26-25B above, by certified mail, return receipt requested. 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 private fire alarm within the meaning of this article.
(2)
The administrator shall consider such information and,
based thereon, shall affirm or rescind the false private fire alarm fee and
notify the alarm user of his decision by certified mail, with return receipt
requested. Within 30 days after mailing of such notice, the alarm user may
file with the False Private Fire Alarm Appeal Board an appeal in writing.
B.
Appeal to the False Private Fire Alarm Appeal Board.
Upon receipt of a timely appeal from a false private fire alarm fee, the False
Private Fire Alarm Appeal Board shall hold a hearing 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 introduced at the hearing, the Board shall affirm the charge
if it finds that the fee was properly imposed or rescind the fee if the fee
was not properly imposed.
C.
Notice to include instructions. Each notice of a false
alarm fee or the reaffirmation of such fee 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 False Private
Fire Alarm Appeal Board, as the case may be.
A.
There shall be a fee of $15 for each appeal to the False
Private Fire Alarm Appeal Board; provided, however, that in the event such
Board finds in favor of the user, such appeal fee shall be refunded.
B.
The amount of the fee for taking an appeal may be raised
or lowered from time to time at the discretion of the False Private Fire Alarm
Appeal Board.
Fees assessed for false alarms and appeal fees will be collected by
the administrator and deposited into 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 system or of the alarm
monitoring facilities not located at or under the installation control of
the Nantucket Fire Department. This article shall in no manner create or extend
liability or obligation of the Town for its actions in connection with alarms,
including but not limited to response of the Fire Department to alarms, beyond
that which exists at law, if any.
Any person who commits or causes to be committed any of the following
acts shall be subject to a fine of up to $100 for each such act:
B.
The Town may utilize noncriminal disposition procedures as described in Chapter 1 of the Code of the Town of Nantucket or may file an application for a criminal complaint with the Trial Court of the Commonwealth, District Court, Nantucket Division, to enforce the provisions of § 26-30 of this article.
The provisions of this article shall not apply to fire alarm systems
on premises owned or controlled by the Town or to alarm systems installed
in a motor vehicle or trailer.
The invalidity of any provision or provisions of this article shall
not affect the validity of the remaining provisions.
