[HISTORY: Adopted by the Town Council of the Town of Hudson 9-5-1990 by Ord. No.
O90-4. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 210.
The purpose of this chapter is to provide minimum standards
and regulations applicable to burglary, robbery and fire alarm systems
and users as defined in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The design, installation, repair, alteration and maintenance
of systems causing an alarm to be sounded in the event of a burglary,
holdup, medical emergency, fire or the occurrence of any predetermined
hostile situation.
A signal device or the assembly of equipment and devices
arranged to signal a hazard or intrusion requiring urgent attention
and to which the Police, Ambulance or Fire Department is expected
to respond. In this chapter, the term "alarm system" shall include
the terms "tape dialer," "digital communicator," "direct connect alarm,"
"local alarm" and "masterbox alarm," as those terms are hereinafter
defined.
Any person on whose premises an alarm is maintained within
the Town of Hudson, except for alarm systems on motor vehicles or
proprietary alarm systems.
A telephone answering service which provides the service
of receiving emergency signals from alarm systems and thereafter immediately
relaying the message by live voice to the appropriate authority.
Any facility which is privately owned or that owns, leases
or sells alarm systems, whose facility is staffed by employees who
receive, record and validate alarm signals and relay the information
of such signals to the Police or Fire Department by any means.
Either the Fire Chief or the Chief of the Police Department,
whichever is appropriate.
The Chief of the Police Department or his designee.
An alarm system which automatically selects a telephone line,
electronically dials a preset telephone number and communicates its
message with a machine at the alarm receiving center.
Any alarm system which is directly connected by telephone
lines or other hardware to the alarm processing unit within the police
monitoring facility or the fire alarm office.
The activation of any alarm system to which the Police or
Fire Department responds, which is not the result of a robbery, burglary,
attempted robbery, attempted burglary, smoke or fire. This definition
shall not apply to alarms caused by electrical storms, floods or other
violent events of nature.
The entity within the Hudson Fire Department where all alarms
transmitted to the Hudson Fire Department are processed.
Quarterly, the Hudson Police Department and the Hudson Fire
Department will host a false alarm reduction seminar. Attendance in
this seminar is voluntary and attendance in this seminar will allow
an alarm user to have one false alarm fee waived. Only one waiver
will be allowed in a twelve-month period.
[Added 3-9-2004]
The Chief of the Fire Department or his designee.
Any alarm system not connected to any monitoring facility
and which, when activated, causes the activation of an audible and/or
visual signaling device at the premises within which the alarm system
is installed.
Any alarm in which the activation of the alarm is initiated
by the direct action of the user, his agents or employees and is installed
to elicit a Police or Fire Department emergency response.
The transmission of a fire alarm signal to the fire alarm
office over a special municipally owned and maintained wire system,
herein referred to as the "Municipal Alarm System."
Any natural person, corporation, unincorporated association
or other legal entity.[1]
All alarm systems sounding and/or recording alarm and supervisory
signals at a control center located within the protected premises,
the control of which is under the supervision of the proprietor of
the protected premises or his employees or agents. If a "proprietary
alarm system" includes a signal line connected directly or indirectly
to the police communications center, or the fire alarm office, a central
station or answering service, it thereby becomes an alarm system as
defined by this chapter.
An alarm system which automatically selects a telephone line,
dials a prerecorded telephone number and reproduces a prerecorded
voice message.
The Town of Hudson, New Hampshire.
An independent method of determining that a signal from a
burglary/intrusion alarm system reflects a need for immediate police
response and investigation. The verification process must be conducted
by the central station monitoring personnel and must take no longer
than five minutes from the time the alarm signal has been accepted
by the central station monitoring person until a decision is made
to whether to call for a police dispatch.
[Added 3-9-2004]
[1]
Editor's Note: The definition of "police alarm monitoring
facility," which immediately followed this definition, was repealed
3-9-2004.
[Amended 3-9-2004]
Upon application, the Chief of Department is hereby authorized
to issue a permit to any owner or lessee of property located within
the Town of Hudson to maintain, modify or install any alarm system
that reports to the fire alarm office. Upon application, the Chief'
of Police is hereby authorized to issue a permit to any owner or lessee
of property located within the Town of Hudson to maintain, modify
or install any alarm system that reports to a central station.
A.
The alarm user applying for the permit shall state on the application
his name, address and telephone number and, in the case of a corporation
or legal entity, the name(s), address(es) and telephone number(s)
of the person(s) responsible for the upkeep, maintenance and operation
of the alarm system and any other information that may be deemed necessary.
(1)
Upon application, the Chief of Police shall determine whether the
application conforms to the requirements of this chapter and whether
the facts stated therein are true and accurate. He may have the system
inspected for reliability and workmanship.
(2)
Fire Department monitored systems: Upon application, the Fire Chief
shall determine whether the application conforms to the requirements
of this chapter and whether the facts stated therein are true and
accurate. He shall have the system inspected for workmanship, functionability
and compliance with the National Electric Code, the National Fire
Codes and any other codes or regulations that may be applicable.
A.
A residential permit shall apply to all private dwellings, individual
apartments or condominium units occupied primarily by the applicant,
for which the applicant shall pay to the Town a permit fee of $60.
This permit shall expire three years after the date of issuance. A
new permit will then be applied for. The fee for a permit renewal
is $15.
[Amended 3-9-2004; 2-24-2015 by Ord. No. 15-02]
B.
A commercial permit shall apply to all businesses, corporations or
unincorporated associations, for which the applicant shall pay the
Town a permit fee in accordance with Resolution No. R89-50, July 1,
1989. This permit shall expire three years after the date of issuance.
A new permit will then be applied for. The fee for a permit renewal
is $15.
[Amended 3-9-2004]
C.
A separate permit shall be required for each and every alarm system
owned or leased by a business, corporation, unincorporated association
or other legal entities which exist at separate locations.
D.
All federal, state, county and local government agencies that operate
alarm systems shall be exempt from all permit fees but shall comply
with all other requirements of this chapter.
E.
All persons 65 years of age or older who are the principal occupants
of the private residence listed on the application shall be exempt
from all permit fees but shall comply with all other requirements
of this chapter.
A.
It shall be unlawful for any person, alarm user or alarm contractor
to maintain, operate or install an alarm system, as defined by the
terms of this chapter, without first obtaining a permit.
B.
Any person, alarm user or alarm contractor who maintains, operates
or installs or causes a system to be maintained, operated or installed
without a permit shall be guilty of a violation and, upon conviction,
shall be fined not less than $50.
A.
Failure to comply with any of the provisions of this chapter may
constitute grounds for the revocation of a permit.
B.
After the Police or Fire Department has received two false alarms
in a six-month period, commencing with the effective date of this
chapter, from any alarm user, the Chief of the Department shall notify
the user, in writing, of such fact and require that the user submit
a written report, within 10 days of such notice, describing the corrective
measures taken to eliminate the cause or causes of such alarms. If
the user fails to submit such a report within 10 days, the Chief of
the Department may suspend the alarm user's permit.
C.
If the alarm user submits a report, as required by Subsection B, and the Chief of the Department judges the report unsatisfactory or the alarm user has failed to show by his report that he has taken or will take reasonable steps to eliminate false alarms, then the Chief of the Department may issue a written notice of his intent to revoke or suspend the alarm user's permit.
D.
Any alarm user aggrieved by a decision to impose a service charge
or revoke or suspend a permit may, within five days, appeal for a
hearing before an Appeals Board. The Appeals Board shall consist of
the Chief of the Department and two members who shall be appointed
by the Board of Selectmen. One member shall have an expert knowledge
of alarm systems, and one shall be a member of the general public.[1]
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this subsection has been revised to replace "Town
Administrator" with "Board of Selectmen," and the words "and confirmed
by the Town Council" have been deleted.
E.
Such a hearing shall be informal and shall not be subject to the
rules of evidence or formal courtroom procedure. The aggrieved shall
have the right to present evidence, cross-examine witnesses and be
represented by counsel.
F.
After the hearing, the Appeals Board may issue an order of revocation,
withdraw the notice of revocation or suspend the permit until such
time as the cause (or causes) of the false alarms has (or have) been
eliminated to the satisfaction of the Appeals Board.
G.
An alarm user whose permit has been revoked is not precluded under
this chapter from applying for a new permit. The Chief of the Department,
however, shall not be required to issue a new permit unless he is
satisfied that the user's system has been properly serviced and
its deficiencies corrected. The Chief of the Department may also impose
reasonable restrictions and conditions upon the user before issuing
a new permit (These restrictions and/or conditions shall appear on
the permit and shall provide for automatic revocation on the occurrence
of two false alarms in the remaining permit year.)
H.
In the event that any building or occupancy is required by any Town
board or code to have a fire alarm system connected to fire alarm
headquarters for any of the above reasons, the building or occupancy
shall be deemed unsafe for occupancy and shall be evacuated until
such time as the premises is reconnected to fire alarm headquarters
or an approved twenty-four-hour watchman service is provided.
Any alarm user who, after having a permit revoked and after
exhausting his right to a hearing, fails to disconnect his alarm system
shall be guilty of a violation and, upon conviction, shall be fined
not less than $100.
A.
Any owner or lessee of property having an alarm system and any user
of alarm services or equipment designed and installed with the intent
of eliciting a police, fire or ambulance response shall pay the Town
of Hudson a service charge of $50 for each false alarm in excess of
two in a twelve-month period, commencing with the effective date of
this chapter.
[Amended 3-9-2004]
B.
There shall be a service charge of $100 for each false alarm in excess
of four in any twelve-month period.
[Amended 3-9-2004]
C.
Any central station, answering service or proprietary system that,
in any manner, notifies the Police or Fire Department of an alarm
signal from an alarm system of any alarm user who does not possess
an alarm user's permit or whose permit has been suspended, revoked
or denied shall be charged $25 for each notification.
D.
The central station receiving an alarm signal must attempt to verify
each intrusion/burglary alarm before notifying the police department.
The central station must place a call to the alarm location in an
attempt to determine if the alarm is false or real. If the central
station determines that the alarm is false they must call the Police
Department immediately to cancel the alarm response. The Police Department
will not respond to the alarm until it has been determined that the
central station has attempted to verify the alarm. Failure to verify
the alarm will result in a $50 fee assessed to the central station
company. Panic, duress and hold-up alarms do not require verification.
[Added 3-9-2004]
E.
Attendance in the false alarm reduction seminar will allow an alarm
user to have one false alarm fee waived. Only one waiver will be allowed
in the twelve-month period.
[Added 3-9-2004]
A.
Any alarm user, owner or lessee who possesses an alarm user's permit may appeal false alarm service charges, in writing, to the Appeals Board as established in § 154-6 within 10 days after the receipt of the notification of penalty. Central stations that have been assessed fees for not verifying burglary/intrusion alarms may appeal those fees in the same manner.
[Amended 3-9-2004]
B.
The Appeals Board may waive assessment of the service charge when,
in its judgment, reasonable attempts are being taken to discover and
eliminate the cause of the false alarm.
All departments of the Town which receive automatic alarms shall
take every reasonable precaution to assure that the alarm signals
received by them are given appropriate attention and are acted on
with dispatch. Neither the Town of Hudson nor any of its employees
shall be liable for any defects in the operation of any alarm system
or for the failure or neglect of any person in connection with the
installation or operation of said alarm systems or their components
or the transmission or relaying of such signals. In the event that
the Police or Fire Department finds it necessary, after exhausting
all other provisions of this chapter, to disconnect any alarm, device
or system, the Town of Hudson shall incur no liability for such action.
The records kept pursuant to this chapter shall not be public
records.
All ordinances or regulations or parts of ordinances or regulations
which are inconsistent herewith are hereby repealed.
In the event that any section or provision of this chapter is
determined by a court of competent jurisdiction to be unconstitutional
or otherwise void or unenforceable, that provision shall automatically
be severed from the body of this chapter, with the intent that the
constitutional or otherwise lawful portions of the chapter shall remain
in full effect.
