[HISTORY: Adopted by the Special Town Meeting
of the Town of Harwich 5-5-2009 by Art. 1. Amendments noted where applicable.]
For the purpose of this chapter the following
terms shall have the following meanings:
An assembly of equipment and devices or a single device,
such as a solid-state unit which plugs directly into a one-hundred-ten-volt
AC line, arranged to signal the presence of a hazard or emergency
requiring urgent attention and to which police, emergency medical
personnel or firefighters are expected to respond. Fire alarm systems
and alarm systems which monitor temperature, smoke, humidity or any
other conditions not directly related to the detection of an unauthorized
intrusion into a premises or an attempted break-in at a premises are
included.
The activation of an alarm system by an agency
for other than a bona fide hazard or emergency of a type which the
system is designed to warn against. For purpose of this definition,
activation of alarm systems by acts of vandals, by acts of God, including
but not limited to hurricanes, tornadoes, earthquakes and similar
weather or atmospheric disturbances, or by power failure shall not
be deemed to be a false alarm.
Any signal or oral communication transmitted
to the Police or Fire Department requesting, requiring or resulting
in a response on the part of the Police or Fire Department in the
absence of any bona fide hazard or emergency.
An electrically operated instrument composed of sensory apparatus
and related hardware which automatically sends over regular telephone
lines, by direct connection or otherwise, a prerecorded voice alarm
upon receipt of a stimulus from the sensory apparatus that has detected
a condition inherently characteristic of a fire.
The owner and occupant, and their agents, of the premises
containing the alarm system, whether residential, commercial or otherwise.
It shall be unlawful to install a mechanical
protection device that is automatically keyed to and/or activates
the telephone (numbers) lines controlled by and/or listed to the Harwich
Fire Department. All such devices installed before the enactment of
this bylaw shall be removed within 60 days thereafter.
A.
The owner of any building which has a fire alarm system
or other fire protection system or medical alarm which transmits an
alarm off the premises shall be required to:
(1)
Have a permit to install or alter the system.
(2)
Provide a secure key box installed in a location accessible
to the Fire Department in case of emergency. The key box shall contain
keys to the door(s) and fire alarm control panel and any other keys
necessary to operate or service fire protection or medical systems.
The key box shall be a type approved by the Chief of the Harwich Fire
Department and shall be located and installed as approved by the Chief.
B.
Any building owner violating this bylaw after receiving
due notice by the Fire Department shall be subject to a fine of $100.
Owners of existing systems will have six months after adoption of
this bylaw to bring their premises up to code.
Every user shall submit to the Police and/or
Fire 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.
A.
All alarm systems except fire alarm systems installed
after the effective date of this bylaw 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 system.
B.
Any alarm system emitting a continuous and uninterrupted signal for more than 15 minutes between 10:00 p.m. and 6:00 a.m. which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under § 14-4 of this chapter 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 and be subject to the penalties described in § 14-6 below. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police or Fire 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 § 14-4 of this chapter in an effort to abate the nuisance. The Police and/or Fire Chief shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
A.
Upon receipt of three or more false alarms from the
same system within a calendar year, the Police or Fire Chief may,
in writing, order:
(1)
The user to discontinue the use of the alarm.
(2)
That any direct connections to the Police or Fire
Department be discontinued.
(3)
That any further connection to the communications
console in the police or fire station be contingent upon the user
equipping any alarm system with a device that will shut off any audible
horn or bell within 10 minutes after activation of the system.
B.
The user shall be assessed a fee as established annually
by the Board of Selectmen, the Police Chief and the Fire Chief as
a false alarm service fee for each false alarm in excess of three
occurring within a calendar year. All fees assessed and collected
hereunder shall be paid to the Town Treasurer for deposit in the general
fund.
A.
It shall be unlawful for any person to intentionally
call in or cause to be called in or in any way reported a false fire
or medical emergency alarm knowing the same to be false, and it shall
be unlawful for any person to intentionally tamper with any device
designed to give or transmit a fire or medical emergency alarm with
the intention of disabling said device or causing said device to transmit
a false alarm.
B.
Any parent or legal guardian having by law responsibility for the care and supervision of a minor child under the age of 18 years shall be liable for violation of Subsection A committed by such minor child, provided that such violation is the second or subsequent offense committed by said child and provided further that said person has received written notice of the previous violation from the Fire Department or other responsible public officer or official; provided, however, that such parental liability shall be enforced only through the noncriminal enforcement procedures established under this bylaw.
