[HISTORY: Adopted by the Town Meeting of
the Town of Stoughton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-25-1983 STM, Art. 12]
A.Â
BURGLAR ALARM SYSTEM
FALSE ALARM
(1)Â
(2)Â
For the purpose of this article the following terms,
phrases, words and their derivations shall have the meanings given
herein. When not inconsistent with the context, words used in the
present tense include the future; words used in the plural number
include the singular number; and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
An assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a 110 volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police 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 robbery at a premises are specifically excluded from the provisions of this article The provisions of § 55-5 of this article shall apply to all users.
The activation of an alarm system through mechanical
failure, malfunction, improper installation or negligence of the user
of an alarm system or his employees or agents;
Any signal or oral communication transmitted
to the Police Department requesting or requiring or resulting in a
response on the part of the Police Department when in fact there has
been no unauthorized intrusion, robbery or burglary, or attempt threat.
For the purposes of this definition, activation of alarm systems by
acts of God, including but not limited to power outages, hurricanes,
tornadoes, earthquakes, and similar weather or atmosphere disturbances,
shall not be deemed to be a false alarm.
A.Â
Every alarm user shall submit to the Police 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. It shall be incumbent upon the owner of said premises
to immediately notify the Stoughton Police Department of any changes
in the list of authorized employees so named in the business listing
to respond to alarms.
B.Â
All alarm systems installed after the effective date
of this article which use an audible horn or bell shall be equipped
with a device that will shut off such bell or horn within 10 minutes
after activation of the alarm system. All existing alarm systems in
the Town of Stoughton must have a shut-off device installed within
six months of passage of this article.
C.Â
Any alarm system emitting a continuous and uninterrupted signal for more than 10 minutes between 7:00 p.m. and 6:00 a.m. which cannot shut off or be otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under Subsection A of this section, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police Chief shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under Subsection A of this section in an effort to abate the nuisance. The Police Chief shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
D.Â
No alarm system which is designated to transmit emergency
messages or signals of intrusion to the Police Department will be
tested until the Police Dispatcher has been notified.
A.Â
No automatic dialing device shall be interconnected
to any telephone numbers at the Police Department after the effective
date of this article.
B.Â
Within six months after the effective date of this
article, all automatic dialing devices interconnected to any telephone
numbers at the Police Department shall be disconnected therefrom.
The user of each such device shall be responsible for having the device
disconnected upon notification by the Police Chief.
Any person using an automatic dialing device
may have the device interconnected to a telephone line transmitting
directly to:
A.Â
The following acts and omissions shall constitute
violations of this article, punishable by fines of $50:
(1)Â
Failure to obey an order of the Police Chief to discontinue
use of an alarm system;
(2)Â
Failure to disconnect an automatic dialing device
from any telephone numbers at the police station within six months
after the effective date of this article;
(3)Â
Interconnection of an automatic dialing device to
any telephone numbers at the Police Department after the effective
date of this article.
C.Â
The user shall be assessed $50 as a false alarm service
for each false alarm in excess of three occurring within a calendar
year. The Police Chief shall notify the alarm user either by certified
mail or by service in hand by a police officer of such violation,
and said user shall submit payment within 15 days of said notice to
the Town Treasurer for deposit to the general fund.
D.Â
Noncriminal disposition. In addition to the procedures
for enforcement as described above, the provisions of this article
may also be enforced, by any regular Stoughton police officer, by
noncriminal complaint pursuant to the provisions of MGL c. 40 § 21D.
Each day on which a violation exists shall be deemed to be a separate
offense. The penalty for violation of any provision of this article
for purposes of noncriminal disposition shall be $50.
[Added 4-30-1990 ATM, Art. 24]
[Adopted 5-15-2002 ATM, Art. 18]
A.Â
There has been an increase in recent years in the
use of fire alarm systems in all types of occupancies, that include
industrial, commercial and residential, which operate by way of master
box, central station monitoring company, or local alarm for occupant
warning.
B.Â
Improper installation, defective equipment, lack of
maintenance, or other reasons causes fire alarm systems to malfunction.
C.Â
Each time the Stoughton Fire Department responds to
a fire alarm activation caused by a fire alarm malfunction, the estimated
cost to the Town of Stoughton is about $1,000.
D.Â
In addition to the financial cost, each malfunction
requires that Stoughton Fire Department personnel respond, thus decreasing
the number of Fire Department personnel available to respond to an
actual emergency.
E.Â
The Stoughton Fire Department responding to fire alarm
malfunctions jeopardizes the safety of fire fighters as well as the
general public.
When used in this article, unless a contrary
intention clearly appears, the following words shall have the following
meanings:
A company equipped to receive a fire alarm signal from its
customers and transmit via a phone line to the Stoughton Fire Department
the location of such alarm the central station company receives.
Any heat-activated, smoke-activated, flame energy-activated
or other such automatic device capable of transmitting a fire alarm
signal to either a central station monitoring company, directly to
the Stoughton Fire Department by way of a master box, or a local alarm
transmitted to the SFD by a phone line by a resident of the property.
A transmittal of a fire alarm signal to a central station
monitoring company, directly to the Stoughton Fire Department by way
of a master box, or a local alarm transmitted to the SFD by a phone
line by a resident of the property which is caused by improper installation
of a fire alarm system, a mechanically defective fire alarm system,
lack of maintaining or some other reason that causes a fire alarm
to sound even though there is no actual fire or situation that could
evolve into a fire.
An individual or entity building/property owner who owns
the title to and/or has on his business or residential premises a
fire alarm system equipped to send a fire alarm signal to a central
station monitoring company, directly to the Stoughton Fire Department
by way of a master box, or a local alarm transmitted to the SFD by
a phone line by a resident of the property.
The Chief of the Stoughton Fire Department.
An individual or entity who owns the title to and/or has
on his business or residential premises a fire alarm system equipped
to send a fire alarm signal directly to the Stoughton Fire Department
by way of a master box.
Address in which a fire alarm signal originates to either
a central station monitoring company, directly to the Stoughton Fire
Department by way of a master box, or a local alarm transmitted to
the SFD by a phone line by a resident of the property.
An individual or entity building/property owner who owns
the title to and/or has on his business or residential premises that
have multiple addresses under the same owner, i.e., Greenbrook I,
Greenbrook II, Pleasant Gardens, Hemisphere Gardens, Jones Terrace,
and the like.
Three or more units for human habitation.
A.Â
Fees. Annual and install/uninstall fees shall be set from time to time in accordance with § 96-1 of the Bylaws.
[Amended 5-7-2007 ATM, Art. 66; 5-6-2019 ATM, Art. 38]
B.Â
Before any fire alarm system is connected to the Stoughton
Fire Department, the owner shall provide the following information
to the Fire Chief: name, address, home, and work phone numbers of
the master box owner, street address where the master box is located,
name, address, home, and work phone numbers of the person(s) that
operate businesses protected by the fire alarm system connected to
the master box, name, address, home, and work phone numbers of at
least two persons other than the owner who can be contacted 24 hours/day,
and are authorized by the master box owner to respond to an alarm
signal and who have access to the premises in which the master box
is located and any other such information as the Fire Chief may require.
C.Â
If, at the passage of this article, a fire alarm system
has already been connected to the Stoughton Fire Department by way
of a master box, the master box owner shall comply with the requirements
of this section within 60 days after the SFD has sent notice by first
class mail of the requirements of this section.
D.Â
If a master box owner fails to comply with this section,
the Fire Chief may assess a fine of $100 for each day of noncompliance.
Every building/property owner that has a fire
alarm system that includes industrial, commercial and residential
which operate by way of master box, central station monitoring company,
or local alarm for occupant warning is responsible for updating the
information herein required by the Fire Chief. The updated information
shall be forwarded to the Fire Chief for entry into our CAD system
and shall pay a fee, if any, required by this article. If the building/property
owner fails to comply with this section the Fire Chief may assess
a fine of $100.
A.Â
If there is a fire alarm system malfunction, as defined
herein, the Fire Chief may assess a fine against a fire alarm system
owner for each malfunction per twelve-month period according to the
following schedule:
[Amended 6-23-2004 ATM, Art. 42]
|
Offense
|
Fine
|
|---|---|
|
1st
|
No charge/warning
|
|
2nd and 3rd
|
$50 each
|
|
4th and 5th
|
$150 each
|
|
6th and higher
|
$250 each
|
B.Â
Upon recording the first false alarm by the Stoughton
Fire Department, the Fire Chief shall notify the owner of the building/property,
in writing by certified mail, of such fact, and at this time inform
the owner of the Town of Stoughton bylaw with regards to charges for
false alarms.
(1)Â
All fire alarm systems equipped to send a fire alarm
signal to a central station monitoring company, directly to the Stoughton
Fire Department by way of a master box, or a local alarm transmitted
to the SFD by a phone line by a resident of the property are subject
to the above conditions.
(2)Â
Any false fire alarm resulting from the failure of
the building/property owner, occupant or their agents to notify the
Stoughton Fire Department of repair, maintenance or testing of the
internal fire alarm system within the protected premises may cause
a penalty to be assessed in accordance with this article.
C.Â
For the purpose of this regulation, a false fire alarm
shall be defined as follows: operation of a faulty smoke or heat detector,
faulty fire alarm panel or associated equipment; accidental operation
of the sprinkler system water pressure surge in the sprinkler system;
any accidental activation of the internal fire alarm system by an
owner, employee, or contractor employed by the owner or occupant.
D.Â
Billing for malfunctions.
(1)Â
Building/Property owners will be billed once a month
for the previous month's malfunction activity. All fines accessed
shall be deposited with the Town Treasurer for deposit into the general
fund.
(2)Â
If a bill is not paid within 30 days, a second notice
will be sent; if the bill is not paid within a total of 60 days after
the first bill was sent, a final notice will be sent informing the
building/property owner and/or occupant(s) that the master box, central
station monitoring company, and/or local service system will be discontinued
on the 90th day after the initial bill was sent. If the service is
to a master box, notice of discontinuance will be sent to the insurance
company. This notice is not obligatory on the part of the Fire Department
and does not relieve the property owner and/or occupant(s) of their
obligation to notify their insurance companies of this service charge.
If the service is a central station monitoring company, notice of
discontinuance of service will be sent to the central station monitoring
company. If the service is a central station monitoring company or
a local alarm, the owner and/or occupants are responsible for notifying
their insurance company that the service has been discontinued.
A.Â
No fire alarm system shall be equipped with a tape
dialer or similar automatic telephone device which will transmit an
alarm message to any telephone lines of the Stoughton Fire Department;
after passage of this article, all noncompliant systems shall be changed
immediately.
B.Â
If the system is not brought into compliance immediately
and a call is received, service will be discontinued (per Section
7, Line 7).
A.Â
Any fire alarm system owner who is aggrieved by an
action taken by the Fire Chief under this article may, within 10 days
of such action, file an appeal, in writing, to the Board of Selectman
of the Town of Stoughton. After notice, the Board shall hold a hearing,
after which it shall issue a decision in which it affirms, annuls
or modifies the action taken by the Fire Chief, giving its reasons
therefor.
B.Â
The Board shall send its decision to the owner by
certified mail return receipt requested within 10 days after the hearing.
The decision of the Board shall be a final administrative decision.
The owner shall have 30 days from the date of the written decision
to seek judicial review in the Stoughton District Court.
All fines assessed herein shall be payable to
the Town of Stoughton for deposit into the general fund.
