[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wakefield 6-1-1992 by Art. 37 as Ch. XVI of the 1992 Bylaws. Amendments noted
where applicable.]
GENERAL REFERENCES
E-911 Telephone System — See Ch. 112.
The purpose of this chapter is to reduce the
number of false alarms and to promote responsible use of alarm devices
in the Town of Wakefield.
For the purpose of this chapter, the following
definitions shall apply:
The Chief of Police or his/her designee and the Chief of
the Fire Department or his/her designee shall be the administrators
for alarm devices within the Town and shall have the powers granted
to the administrators under this chapter. The administrators shall
act under the direction and control of the Town Council, who are authorized
to adopt regulations for the administration of this chapter.
[Added 5-10-2018 ATM
by Art. 22; 11-5-2018 RTM by Art.
17]
Any device which, when activated by a criminal act, fire
or other emergency calling for Police or Fire Department response,
transmits a signal to Police or Fire Department headquarters, transmits
a signal to a person who relays information to Police or Fire Department
headquarters or produces an audible or visible signal to which the
Police or Fire Department is expected to respond. Excluded from this
definition and the scope of this chapter are devices which are designated
to alert or signal only persons within the premises in which the device
is installed and devices which are activated by the release of water
from a sprinkler system.
The owner of any premises on which an alarm device is used, provided that an occupant who expressly accepts responsibility for an alarm device by registration pursuant to § 75-5 shall be deemed the "alarm user."
A telephone device or attachment that mechanically or electronically
selects a telephone line to police or fire headquarters and produces
a prerecorded voice message to report a criminal act, fire or other
emergency calling for Police or Fire Department response. Excluded
from this definition are devices which relay a digital-coded signal
to police or fire headquarters.
Any firm or corporation in the business of supplying and
installing alarm devices or servicing the same.
Any activation of an alarm device to which the Police Department
or Fire Department responds and which is not caused by a criminal
act, fire or other emergency, except an activation caused by malfunction
of telephone company equipment or lines as verified by monitoring
facilities at police or fire headquarters or power failure as verified
by the administrators. A series of such activations attributable to
the same cause and occurring under circumstances beyond the control
of the responsible alarm user shall be deemed a single "false alarm."
[1]
Editor’s Note: Former § 75-3, Administrators, was
repealed 5-10-2018 ATM by Art. 22.
[Amended 11-5-2018 RTM
by Art. 17]
There shall be in the town an Alarm Appeal Board
which shall have all the powers and duties granted to it under this
chapter. The Alarm Appeal Board shall consist of the Town Council.
Each alarm user shall register his alarm device
with the appropriate administrator prior to use, provided that alarm
devices in use as of the effective date of this chapter may be registered
no later than sixty (60) days from such date.
Alarm device registration shall be accomplished
by filling out a form provided by the appropriate administrator, to
include such information concerning the identity of the prospective
alarm user, the identity of the alarm user's contractor, if any, and
the nature of the proposed alarm device as the administrators may
require. The administrators shall issue the alarm user written acknowledgment
of proper registration. It shall be the responsibility of each alarm
user to notify the appropriate administrator, in writing, of changes
in registration information.
All information in the possession of the administrators,
the Police Department or 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.
No automatic dial alarm may be installed after
the effective date of this chapter without the prior approval of the
appropriate administrator. Within six (6) months after the effective
date of this chapter, all automatic dial alarms presently in use shall
be reprogrammed to dial a designated number within the Police or Fire
Department. The automatic dial alarm shall be regulated so as not
to repeat the message for more than two (2) times. Service for having
automatic dial alarms reprogrammed and regulated shall be at the expense
of the user.
Unless required by law, no alarm device which
produces an exterior audible signal shall be installed unless its
operation is automatically restricted to a maximum of fifteen (15)
minutes. Any alarm device in use as of the effective date of this
chapter must comply with this section within one hundred eighty (180)
days of such date.
A.
When the Police Department or the Fire Department
has responded to a false alarm, the appropriate administrator shall
impose a charge on the responsible alarm user according to the following
schedule:
[Amended 5-10-2018 ATM
by Art. 22]
B.
There shall be no charge for the first false alarm
occurring within one (1) month after installation of an alarm device,
and such false alarm shall not be considered in determining charges
in accordance with the schedule set forth herein.
The appropriate administrator shall notify the
responsible alarm user of any false alarm charge by mail within thirty
(30) days. After the mailing of such notice, the alarm user may file
with the appropriate administrator information to show that the alarm
was not a false alarm within the meaning of this chapter. The appropriate
administrator shall consider such information, reaffirm or rescind
the false alarm charge and notify the alarm user of his decision by
mail. Within thirty (30) days after mailing such notice, the alarm
user may file a written appeal with the Alarm Appeal Board.
Upon receipt of a timely appeal from a false
alarm charge, the Alarm Appeal Board shall hold a hearing to consider
the same and shall mail notice of the time and place of said hearing
to the alarm user making the appeal at his last known address at least
fifteen (15) days before the hearing. On the basis of information
provided by the alarm user and other information introduced at the
hearing, the Alarm Appeal 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. Each notice of a false alarm charge
or the reaffirmation of such a charge by the appropriate administrator
shall refer to and provide instructions concerning the alarm user's
rights to further recourse by filing information with the administrator(s)
or an appeal to the Alarm Appeal Board, as the case may be.
[1]
Editor’s Note: Former § 75-13, Appeal fees, was
repealed 5-10-2018 ATM by Art. 22.
[Amended 5-10-2018 ATM
by Art. 22]
Charges for false alarms will be collected by
the administrators and deposited into the general fund of the Town.
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 monitoring facilities or
for failure to respond to alarms or for any other act of 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.
Any person who performs, or causes to be performed,
any of the following acts shall be subject to a fine of up to two
hundred dollars ($200.) for each such act:
A.
Intentional causing of a false alarm.
B.
Failure to register an alarm device or give notice
of changes in registration information as required by this chapter.
C.
Use of an automatic dial alarm or an exterior audible
alarm device in violation of the provisions of this chapter.
D.
Failure to pay a charge levied by the administrator acting under § 75-11 hereof within thirty (30) days after mailing of a notice of charge, unless reconsideration is sought pursuant to § 75-11 hereof. If reconsideration is denied, failure to pay such charge within thirty (30) days of the administrator's decision or reconsideration, unless an appeal is sought pursuant to § 75-12 hereof, and if an appeal is denied, failure to pay such charge within fifteen (15) days of the Alarm Appeal Board's mailing of its decision affirming the charge.
The town, at the election of the appropriate
administrator, may institute civil or criminal proceedings to enforce
the provisions of this chapter.
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.
The invalidity of any part or parts of this
chapter shall not affect the validity of the remaining parts.
