[HISTORY: Adopted by the Annual Town Meeting
of the Town of Yarmouth 5-4-2009 by Art. 34,[1] approved 8-24-2009. Amendments noted where applicable.]
A.
The purpose of this chapter is to encourage alarm users and alarm
companies to properly use and maintain the operational effectiveness
of alarm systems in order to improve the reliability of alarm systems
and reduce or eliminate false alarms; and to establish a fee system
to fairly allocate costs incurred by the Police Department in responding
to false alarms.
B.
This chapter governs alarm systems intended to summon a Yarmouth
Police Department response, and requires licensing and registration,
establishes fees, provides penalties for violations, establishes a
system of administration, and sets conditions for suspension of police
response or revocation of registration.
In this chapter, the following terms and phrases shall have
the following meanings:
A person or persons designated by the Police Chief to administer,
control and review false alarm reduction efforts and administer the
provisions of this chapter.
A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
alarm system in an alarm site.
A notification to the Police Department that an alarm, either
manual or automatic, has been activated at a particular alarm site.
Authorization granted by the Alarm Administrator to an alarm
user to operate an alarm system.
A distinctive number issued for each alarm site when an alarm
registration is granted.
Registration of an alarm company to sell, install, monitor,
repair or replace alarm systems.
A single, fixed premises or location served by an alarm system
or systems. Each unit, if served by a separate alarm system in a multiunit
building or complex, shall be considered a separate alarm site.
A device or series of devices, including, but not limited
to, hardwired systems and systems interconnected with a radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual or electronic signal indicating
an alarm condition and intended to summon law enforcement response,
including local alarm systems. "Alarm system" does not include an
alarm installed in a vehicle or on someone's person unless the
vehicle or the personal alarm is permanently located at a site.
Any person, who (which) has contracted for monitoring, repair,
installation or maintenance service from an alarm company or monitoring
company for an alarm system, or who (which) owns or operates an alarm
system that is not monitored, maintained or repaired under contract.
A class conducted for the purpose of educating alarm users
about the responsible use, operation, and maintenance of alarm systems
and the problems created by false alarms.
A device that allows control of an alarm system.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication system to a law
enforcement, public safety or emergency services agency requesting
dispatch.
The process where response is terminated when a monitoring
company (designated by the alarm user) for the alarm site notifies
the Police Department prior to the arrival of responding police unit(s)
that there is not an existing situation at the alarm site requiring
police response after an alarm dispatch request.
A person allowed to operate an alarm system.
The transaction or process by which one alarm company or
monitoring company begins the servicing and/or monitoring of a previously
unmonitored alarm system or an alarm system previously serviced and/or
monitored by another alarm company.
A silent alarm system signal generated by the entry of a
designated code into an arming station in order to signal that the
alarm user is being forced to turn off the system and requires police
response.
A weather condition where lightning is observed and/or thunder
is audible in the immediate vicinity, including a period of 1/2 hour
after the most recent lightning flash or thunder.
An alarm dispatch request to the Police Department, when
the responding officer finds no evidence of a criminal offense or
attempted criminal offense after having completed a timely investigation
of the alarm site.
A person appointed by the Chief of Police to act as an impartial
arbitrator at hearings related to the enforcement of this chapter.
An accumulation of snow which, under prevailing conditions,
brings down branches and/or wires interfering with telephone or electrical
service.
A hurricane, tropical storm, northeaster or other weather
condition generating wind gusts over 40 miles per hour.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress.
Any alarm system, which is not monitored, that annunciates
an alarm only at the alarm site.
The process by which a monitoring company receives signals
from an alarm system and relays an alarm dispatch request to the Police
Department for the purpose of summoning law enforcement to the alarm
site.
A person, firm or entity in the business of providing monitoring
services.
A signal generated by the manual activation of a device intended
to signal a life-threatening or emergency situation requiring police
response.
An individual, corporation, partnership, association, organization
or similar entity.
The Yarmouth Police Department.
An interruption in electrical service affecting an identified
area of the Town for any duration of time.
A period of time, not to exceed two years from the date of
issuance, as determined by the Alarm Administrator.
An individual capable of reaching the alarm site within 25
minutes after notification and having access to the alarm site, the
code to the alarm system and the authority to approve repairs to the
alarm system.
To permanently rescind the registration of an alarm user
or the alarm service registration of an alarm company, making them
ineligible for applicable police responses.
The transaction or process by which an alarm user takes over
control of an existing alarm system which was previously controlled
by another alarm user.
An attempt by the monitoring company, or its representative,
to contact the alarm site and/or alarm user by telephone and/or other
electronic means, whether or not actual contact with a person is made,
to determine whether an alarm signal is valid before requesting Police
Department dispatch, in an attempt to avoid an unnecessary alarm dispatch
request.
Division of devices into which an alarm system is divided
to indicate the general location from which an alarm system signal
is transmitted.
A.
No alarm user shall operate, or cause to be operated, an alarm system
at its alarm site within the Town of Yarmouth without a valid alarm
registration. A separate alarm registration is required for each alarm
site.
B.
An alarm registration form may be obtained at the Yarmouth Police
Department facility or on the Police Department website.
C.
The registration fee is to be paid by the alarm user. All fees are
established and adjusted from time to time by the Board of Selectmen
as shown on the Schedule of Alarm Fees.
D.
No refund of a registration or registration renewal fee will be made.
The initial alarm registration fee must be submitted to the Alarm
Administrator within five business days after the alarm system installation
or alarm system takeover.
E.
Upon receipt of a completed alarm registration application form and
the alarm registration fee, the Alarm Administrator shall register
the applicant unless the applicant has:
F.
Upon issuing an alarm registration, the Alarm Administrator shall
assign a registration number to each alarm site and provide the registration
number to the applicant.
G.
Each alarm registration application must include the following information:
(1)
The name, complete address (including apartment/suite number) and
telephone numbers of the person who will be the registration holder
and be responsible for the proper maintenance and operation of the
alarm system and payment of fees assessed under this chapter.
(2)
The classification of the alarm site as either residential (includes
apartment, condominium, etc.) or commercial.
(3)
For each alarm system located at the alarm site, the classification
of the alarm system (i.e., burglary, holdup, duress, panic alarms
or other) and for each classification, whether such alarm is audible
(capable of being heard at the alarm site) or silent (inaudible at
the alarm site).
(4)
Year-round billing address, if different from the address of the
alarm site.
(5)
Type of business conducted at a commercial alarm site.
(6)
Signed certification from the alarm user stating the following:
(a)
The name, address, and telephone number of the monitoring company.
(b)
Confirming that the registrant understands that police response,
or lack thereof, may be influenced by factors, including, but not
limited to: the availability of police units, priority of calls, weather
conditions, traffic conditions, emergency conditions, staffing levels,
etc.
(c)
Establishing the registrant's legal obligation to pay all
fees and fines resulting from the operation of the alarm system.
(7)
Names and telephone numbers of at least two individuals, except in
the case where the alarm or monitoring company provides the below
services, who are able and agree to:
H.
Any false statement of a material fact made by an applicant for the
purpose of obtaining an alarm registration shall be sufficient cause
for refusal to issue a registration.
I.
An alarm registration cannot be transferred to another person or
alarm site.
J.
An alarm user shall inform the Alarm Administrator of any change
that alters any of the information listed on the alarm registration
application within five business days of such change.
K.
All fines and fees owed by an applicant must be paid before an alarm
registration may be issued or renewed.
A.
An alarm registration shall be for a period not to exceed two years
from the date of issuance, ending on December 31 of the second year.
Registrations must be renewed by submitting an updated application
and a registration renewal fee to the Alarm Administrator.
B.
Notwithstanding the preceding paragraph, alarm registrations issued
during the calendar year in which this chapter takes effect shall
be valid until December 31 of the second full calendar year following
the date of issuance.
C.
A late fee of $10 shall be assessed if the registration renewal is
more than 30 days past the date of expiration.
A.
An alarm user shall be billed for and shall be financially responsible
for all false alarm fees attributable to the alarm user's alarm
site.
B.
An alarm user shall:
(1)
Maintain the alarm site and the alarm system in a manner that will
minimize or eliminate false alarms.
(3)
Provide current information on and notify the Alarm Administrator
of any changes in information on the two required responders.
(4)
Not activate an alarm system for any reason other than an occurrence
of a crime or other event requiring a police response.
C.
An alarm user shall adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal audible on the exterior of an
alarm site will sound for no longer than 10 minutes after being activated
for each activation period. After three activations of a zone within
an armed period, the zone must automatically shut down.
D.
An alarm user shall not use automatic voice dialers.
E.
An alarm user shall maintain at each alarm site a set of written
operating instructions for each alarm system. A copy of the alarm
operating instructions must be provided to each property user, caretaker
and or guest.
F.
The alarm user shall be billed for and shall be financially responsible for false alarm fees resulting from a power outage, electrical storm, high wind event, snow storm or fault of telephone company. As set forth in § 101-5.2, alarm companies are encouraged to give alarm user(s) an opportunity to indicate whether a dispatch notification should be cancelled during a power outage, electrical storm, heavy snow or high wind event,
G.
The alarm user shall provide his/her alarm company with the alarm
registration number assigned by the Administrator.
A.
All alarm companies and monitoring companies doing business within
the boundaries of the Town of Yarmouth shall apply for and receive
an alarm service registration from the Town prior to engaging in business.
Such alarm service registration shall be valid for a period of one
year and must be annually renewed.
B.
Alarm companies and monitoring companies licensed in the commonwealth
with the DPL and/or DPS will not incur additional cost for the Service
Registration and renewals. However, late fees and or fines shall apply.
C.
The Alarm Administrator shall determine the requirements of alarm
service registration applications.
D.
It shall be a violation of this chapter if a monitoring company:
A.
An alarm company shall not use automatic voice dialers.
B.
The Yarmouth Police Department will be notified of a new alarm user
or alarm system on the date that the new alarm system has been activated.
C.
The alarm company shall provide written and oral instructions to
each alarm user in the proper use and operation of their alarm systems.
Such instructions will specifically include all instructions necessary
to turn the alarm system on and off and to avoid false alarms.
D.
Alarm companies shall not program alarm systems so that they are
capable of sending one plus duress alarms.
E.
Single-action
nonrecessed buttons to activate holdup alarms shall not be installed.
F.
A monitoring company shall;
(1)
Report alarm signals by using telephone numbers designated by
the Alarm Administrator.
(2)
Verify every alarm signal, except panic or holdup alarm activations,
before requesting police response to an alarm system signal.
(3)
In the event of panic or holdup alarm activation, the monitoring
company shall not attempt to verify the alarm unless requested to
do so by the Police Department.
(4)
Communicate alarm dispatch requests to the Police Department
in a manner and form determined by the Alarm Administrator.
(5)
Communicate cancellations to the Police Department in a manner
and form determined by the Alarm Administrator.
(6)
Ensure that all alarm users of alarm systems equipped with duress,
holdup or panic alarms are given adequate training as to the proper
use of the duress, holdup or panic alarm.
(7)
Communicate any available information (north, south, front,
back, floor, etc.) about the location on all alarm signals related
to the alarm dispatch request.
(8)
Communicate type of alarm activation (silent or audible, interior
or perimeter).
(9)
Communicate the alarm registration Number at the time an alarm
dispatch request is made.
(10)
After an alarm dispatch request, promptly advise the Police
Department if the monitoring company knows that the alarm user or
the responder is on the way to the alarm site.
(11)
Notify the alarm user or authorized representative within 24
hours via mail, fax, telephone or other electronic means when an alarm
dispatch request is made.
G.
Any dispute
over reimbursement of false alarm fees is a civil matter between the
alarm user and alarm company or monitoring company. The Police Department
is not a party to any such dispute.
B.
The Alarm Administrator shall establish a procedure to record such
information on alarm dispatch requests necessary to permit the Alarm
Administrator to maintain records, including, but not limited to,
the information listed below:
(1)
Identification of the registration number for the alarm site;
(2)
Identification of the alarm site;
(3)
Date and time alarm dispatch request was received, including the
name of the monitoring company and the monitoring operator's
name or number;
(4)
Date and time of police officer arrival at the alarm site;
(5)
Zone and zone description, if available;
(6)
Name of alarm user's representative at alarm site, if any;
(7)
Identification of the responsible alarm company or monitoring company;
(8)
Whether the officer was unable to locate the address of the alarm
site; and
(9)
Cause of alarm signal, if known.
C.
The Alarm Administrator may adjust the count of false alarms based
on:
(1)
Evidence that the alarm dispatch request was not a false alarm.
E.
The Alarm Administrator may require alarm companies and/or monitoring
companies to develop and administer alarm user awareness classes.
These classes shall inform alarm users of the problems created by
false alarms and teach alarm users how to avoid generating false alarms.
F.
The Alarm Administrator will make a copy of this chapter and/or a
bylaw summary sheet available to the alarm user upon registration,
renewal or request.
G.
The Alarm Administrator may exempt any governmental body, agency,
or other entity from the fee requirements of this chapter.
A.
Monitoring companies shall notify alarm users or their authorized
representatives after each false alarm.
B.
The Alarm Administrator will notify the alarm user and alarm company or monitoring company, in writing, after the police have made five false alarm responses to an alarm site. This notice will include reference to the provisions of § 101-8 regarding suspension of response after the seventh false alarm and state the amount of fees for each false alarm.
C.
The Alarm Administrator will notify the alarm user and the alarm company or monitoring company, in writing, after the seventh false alarm response to an alarm site that, excepting duress, holdup and panic alarms, police response to the alarm site will be suspended at the expiration of the time for filing an appeal under § 101-10. This notice of suspension will include the amount of the fine for each false alarm and a description of the appeals procedure available to the alarm user and the alarm company or monitoring company.
B.
The Alarm Administrator may suspend police response to an alarm site
("no response" status), excepting duress, holdup and panic alarms,
by suspending or revoking the alarm registration if it is determined
that:
(1)
The alarm user has seven or more false alarms within his or her registration
period.
(2)
There is a statement of a material fact known to be false in the
application for a registration.
(3)
The alarm user has failed to make timely payment of a fee or fine
assessed under this chapter after a second notice has been sent to
the billing address indicated on the alarm registration or, in the
case of an unregistered alarm, to the tax billing address for the
alarm site as kept in the Tax Collector's office.
C.
Unless there is separate indication that there is a crime in progress,
the Police Department shall refuse response to any nonduress, holdup
or panic alarm dispatch request at an alarm site designated with "no
response" status.
D.
A person commits an offense if he/she operates an alarm system during
the period in which the alarm registration is suspended or revoked
and is subject to enforcement.
A.
An alarm user shall be charged a fee for each false alarm. Fees shall
be established and adjusted from time to time by the Board of Selectmen
and set forth in the Schedule of Alarm Fees.
B.
During the first registration period of an alarm site (two years
from the date of registration or the notice of activation of an alarm
system from an alarm company), the Alarm Administrator shall waive
the fee for the first two false alarm responses.
C.
During any registration period, the Alarm Administrator may waive
the fee for one additional false alarm response where the alarm company
demonstrates that:
D.
If cancellation occurs prior to the Police Department arriving at
the scene, this is not a false alarm for the purpose of fees, and
no fee will be assessed.
E.
Every Police Department response to a false duress, holdup or panic
alarm at an alarm site in "no response" status is subject to an enhanced
fee equaling the sum of the Registration fee and the false alarm fee.
A.
Any person operating a nonregistered alarm system in violation of the provisions of § 101-3 shall be subject to a fine of $100 for each false alarm, in addition to any other fines or Fees.
B.
The Alarm Administrator may waive this fine for a nonregistered system
if the alarm user submits an application for alarm registration within
five business days of notification of such violation.
C.
Violations of any other provision of this chapter for which no fine
is specifically provided shall be subject to a fine of $50 for the
first offense and $100 for a second or subsequent offense.
A.
Any alarm company or monitoring company doing business without a registration in violation of the provisions of § 101-5 shall be subject to a fine of not more than $300 per offense, in addition to any other fines.
B.
A monitoring company shall be issued a fine of $100 for each violation of any other provision of § 101-5.1.
C.
A monitoring company shall be issued a fine of $50 for each failure to verify alarm system signals, as specified in § 101-5.1.
D.
With respect to an alarm company or monitoring company, the Alarm
Administrator or Hearing Officer may take into consideration whether
the company has engaged in a consistent pattern of violations and
may suspend or revoke the registrations of such companies.
A.
If the Alarm Administrator denies the issuance, renewal or reinstatement
of an alarm registration, or suspends or revokes an alarm service
registration or alarm registration, the Alarm Administrator shall
send written notice of the action and a statement of the right to
an appeal to the affected applicant, alarm user, alarm company or
monitoring company.
B.
The alarm user, alarm company or monitoring company may appeal the
suspension or revocation of an alarm registration to a Hearing Officer
by setting forth, in writing, the reasons for the appeal within 20
business days after receipt of the fine or notice of revocation.
C.
An alarm user or the alarm company or monitoring company may appeal
the decision of the Alarm Administrator to a Hearing Officer as follows:
(1)
The applicant, alarm user, alarm company or the monitoring company
may file a written request for a review by paying an appeal fee of
$20 and setting forth the reasons for the appeal within 20 business
days after the date of notification of the decision from the Alarm
Administrator.
(2)
The Hearing Officer shall conduct a hearing within 30 days of the
receipt of the request and consider the evidence by any interested
person(s). The Hearing Officer shall make his/her decision on the
basis of the preponderance of evidence presented at the hearing. The
Hearing Officer must render a decision within 15 days after the date
of the hearing. The Hearing Officer shall affirm or reverse the decision
of the Alarm Administrator.
(3)
Filing of a request for appeal shall stay the action by the Alarm
Administrator revoking an alarm registration or requiring payment
of a fine until the Hearing Officer has completed his/her review.
If a request for appeal is not made within the period of 20 business
days, the action of the Alarm Administrator is final.
A.
A person whose alarm registration has been suspended or revoked may,
at the discretion of the Alarm Administrator or the Hearing Officer,
have the alarm registration reinstated by the Alarm Administrator
or the Hearing Officer if the person:
(1)
Submits a new application and pays a reinstatement fee of $25.
(2)
Pays, or otherwise resolves, all outstanding fees and fines; and
(3)
Submits a certification from an alarm company, stating that the alarm
system has been inspected and repaired (if necessary) by the alarm
company.
(4)
Attended an alarm user awareness class or has been instructed by
the alarm company on the proper use of the alarm system.
B.
In addition, the Alarm Administrator may require one or more of the
following as a condition to reinstatement:
(1)
Proof that an employee of the alarm company or monitoring company
caused the false alarm (in which case the false alarm shall not be
counted against the user's total for the purpose of imposing
a "no response" status, but the user shall still be responsible for
the false alarm fee).
In the interest of public safety, all information contained
in and gathered through the alarm registration applications and applications
for appeals shall be held in confidence by all employees or representatives
of the Town and by any third-party administrator or employees of a
third-party administrator with access to such information.
A.
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 damage resulting from the failure
to respond to a notification is hereby disclaimed and governmental
immunity as provided by law is retained. By applying for an alarm
registration, the alarm user acknowledges that Police Department response,
or lack thereof, may be influenced by factors such as: the availability
of police units, priority of calls, weather conditions, traffic conditions,
emergency conditions, staffing levels and prior response history.
The Police Department retains complete discretion to allocate its
resources to serve the public at large.
B.
No person may rely upon any expected response by the Yarmouth Police
Department to any alarm site or system.
C.
The Yarmouth Police Department does not have the ability, financial
means or responsibility to secure and remain at the alarm site for
an extended period of time (over 20 minutes). It is the responsibility
of the resident, owner, authorized caretaker or alarm user to secure
the property as is reasonably possible.
A.
The provisions of this chapter are severable. If a court determines
that a word, phrase, clause, sentence, paragraph, subsection, section
or other provision is invalid or that the application of any part
of the provision to any person or circumstance is invalid, the remaining
provisions and the application of those provisions to other persons
or circumstances are not affected by that decision.
B.
Any bylaws in conflict herewith are hereby repealed to the extent
of such conflict.
