[Adopted 12-7-2004 (Title 7, Ch. 7.18, of the 1986 Code)]
A.
The purpose of this article is to encourage security alarm users
and security alarm companies to properly use and maintain the operational
effectiveness of alarm systems in order to improve reliability of
alarm systems and reduce or eliminate false alarms.
B.
This article governs security alarms systems intended to summon law
enforcement response, and requires registration, establishes fees,
provides for penalties for violations, establishes a system of administration,
and sets conditions for suspension of police response or revocation
of registration.
For the purpose of this article, the following words, terms,
and phases shall have the following meanings, unless the context clearly
suggests otherwise:
An assembly of equipment and devices, or a single device
such as a solid state unit which connects directly into a 110 volt
AC line, arranged to signal the presence of a hazard requiring urgent
attention and to which the police are expected to respond and shall
mean an electronic or mechanical device used to warn of a person entering
or attempting to enter, without authorization, in or on real property.
Fire alarm systems, alarm systems on motor vehicles, 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 definition.
Any person on whose premises an alarm system is maintained
within the City or shall mean a person, company, corporation or other
entity utilizing a security alarm system to protect his or its real
property located in the City. Excluded from this definition are:
Municipal, county, state and federal agencies.
Central station personnel.
Persons who use alarm systems to alert or signal persons within
the premises in which the alarm system is located of an attempted
unauthorized intrusion or holdup attempt. However, if such an alarm
system employs an audible signal or a flashing light outside the premises,
the user of such an alarm system shall be within the definition of
"alarm user" and shall be subject to this article.
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise circuits or where
guards are maintained continuously to investigate signals.
A company equipped to receive a security alarm signal from
each of its customers and which then transmits to the Police Department
the location of any such alarm the central station operating company
receives.
The Chief of the Springfield Police Department or her/his
designee.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, or negligence of the user of an
alarm system or of his employees or agents; or any signal or oral
communication transmitted to the Police Department requesting, or
requiring, or resulting in response on the part of the Police Department
when in fact there has been no unauthorized intrusion or attempted
unauthorized intrusion into a premises or no attempted robbery or
burglary at a premises. Excluded from this definition are activations
of alarm systems caused by power outages, hurricanes, tornadoes, earthquakes
and similar conditions.
The head of the Fire Department of the City of Springfield,
or his designated representative.
The City of Springfield Fire Department, or any authorized
agent thereof.
Any alarm systems in which the alarm or signal registers
in the protected premises. They are primarily for the notification
of the occupants and shall consist of detectors, horns, bells and
a control panel.
Emergency signaling devices hard-wired to a central station.
Anything which annoys, injures or endangers the comfort,
repose, health or safety of any person(s) or of any community or neighborhood.
Emergency signaling devices that transmit radio signals to
a receiver located at a central station.
The Chief of Police may promulgate such rules as may be necessary
for the implementation of this article.
A.
The Chief shall create and maintain a list known as the "alarm information
list." Each central station operating company shall, as set forth
herein, provide the information for said list to the Chief as to all
of its customers who have a security alarm system. A security alarm
user, if his or its security alarm system is not connected to a central
station operating company, shall provide the information for said
list to the Chief as to said user.
B.
The alarm information list shall consist of the following information
from a central station operating company:
(1)
The name, address and telephone numbers of the central station operating
company;
(2)
The location of the premises where each such customer's security
alarm system is located;
(3)
The name, address, and home and work telephone numbers of each such
customer;
(4)
The names, addresses, and home and work telephone numbers of at least
two persons who can be contacted 24 hours a day who are responders
authorized by the central station operating company or the customer
to respond to a security alarm signal and who have access to the premises
from where the security alarm signal is emitting; and
(5)
Such
other information as the Chief may require.
C.
The alarm information list shall consist of the following information
as to a security alarm user whose security alarm system is not connected
to a central station operating company:
(1)
The location of the premises where the security alarm system is located;
(2)
The name, address, and home and work telephone numbers of the security
alarm user;
(3)
The names, addresses, and home and work telephone numbers of at least
two persons who can be contacted 24 hours a day who are authorized
by the security alarm user to respond to a security alarm signal and
who have access to the premises from where the security alarm signal
is emitting; and
(4)
Such other information as the Chief may require.
D.
The Chief
may at any time send a notice of the requirements of this section
to a central station operating company or to a security alarm user.
A central station operating company shall comply with the requirements
of this section within 60 days after the Chief has sent it such notice.
Similarly, a security alarm user whose security alarm system is not
connected to a central station operating company shall comply with
the requirements of this section within 60 days after the Chief has
sent him or it such notice. If such a central station operating company
or security alarm user fails to comply with this section, the Chief
may assess a fine of $50 for each day of noncompliance.
Every central station operating company and every security alarm
user whose security alarm system is not connected to a central station
operating company shall be responsible for updating information herein
required to be provided to the Chief. If the information provided
changes, said central station operating company or security alarm
user shall provide the Chief with the updated information. If such
a central station operating company or security alarm user fails to
comply with this section, the Chief may assess a fine of $50.
A.
Every alarm user shall submit to the Chief of Police the names, addresses
and telephone numbers of the user and at least two other persons who
can be reached at any time, day or night, and who are authorized to
respond to an emergency signal transmitted by an alarm system, and
who can open the premises where the alarm system is installed. The
list of names, addresses and telephone numbers of the responders must
be kept current at all times by the alarm user and shall be submitted
during the first month of each year.
B.
All alarm systems which use an audible bell or horn shall be equipped
with an automatic shut-off device which will deactivate the alarm
system within 10 minutes. All alarm users with an audible bell or
horn must comply with this section within 90 days of the adoption
of this article.
C.
Any alarm system which fails to comply with the above Subsection B and emits a continuous signal for more than 30 minutes 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 Subsection A of this section, and which disturbs the peace, comfort or repose of the community or neighborhood of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints regarding such a continuous 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 record the time each complaint was made.
D.
In the event that the Chief of Police is unable to contact the alarm user or those persons designated by the alarm user under Subsection A of this section, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system and if the Chief of Police is otherwise unable to abate the nuisance, he may direct a police officer or a fire fighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance.
E.
After an entry upon property has been made in accordance with this
section and the nuisance abated, the Chief of Police shall have the
property secured, if necessary. The reasonable costs and expense of
abating a nuisance in accordance with this section may be assessed
to the alarm user, said assessment not to exceed $50.
All security alarm users must notify the Chief in advance of any testing of equipment. Failure to notify the Chief in advance of a testing of equipment shall constitute a false alarm and be subject to the assessment schedule contained herein § 100-20.
If a fine assessed for a false alarm pursuant to § 100-20 hereof has not been paid by the due date, the Chief shall impose a lien on the real property where such false alarm occurred pursuant to the provisions of MGL c. 40, § 58, and shall notify the security alarm user in writing of such lien. The provisions of this section shall apply to fines that remain unpaid or that become due and payable on or after the effective date of this article.
Ninety days after the passage of this article, no security alarm
system shall be equipped with a tape dialer or similar automatic telephone
device which will transmit an alarm signal to the 911 emergency system
or any telephone lines of the Police Department. If a security alarm
user fails to comply with this section, the Chief may assess a fine
of $50.
All security systems which use an audible bell or horn shall
be equipped with an automatic shut-off device which will deactivate
the security alarm system within 10 minutes of its sounding. All security
alarm users with an audible bell or horn shall install and maintain
such automatic shut-off device within 90 days of the effective date
of this article if not already so equipped.
Every central station operating company or security alarm user
who or which is aggrieved by an action taken by the Chief under this
article may file an appeal to a panel composed of the Chief, the Fire
Department Chief, and the Director of the Department of Public Works
or their designees. In such a case where the alarm involves a building
of the Police, Fire or Department of Public Works, a representative
of the Law Department maybe substituted for the disqualified department.
Such appeal must be in writing and must be received by the Chief within
10 days after the aggrieved person has been sent notice of such action.
After notice to such owner, the panel shall hold a hearing, after
which it shall issue a decision in which it affirms, annuls or modifies
the action taken by the Chief, giving its reasons therefor. The Chief
shall send her/his decision to the aggrieved person within 10 days
after the hearing. The decision of the panel shall be a final administrative
decision. The aggrieved person shall have 30 days from the date of
the written decision to seek judicial review in a court of competent
jurisdiction.
A.
The Chief may promulgate such rules and regulations as may be necessary
to implement this article.
B.
Any security alarm user whose security alarm system transmits to
the Police Department more than two false alarms in a calendar year,
whether through a central station operating company or directly, shall
be assessed a fine pursuant to MGL c. 40, § 21, for
the third and any subsequent false alarm according to the following
schedule:
(1)
Third false alarm: $25.
(2)
Fourth false alarm: $50.
(3)
Fifth false alarm: $100.
(4)
For the sixth and any subsequent false alarm, the fine shall be $200
per violation; each day after any such false alarm to be considered
a new violation. A security alarm user shall be assessed said $200
per day until he can demonstrate to the Chief that the causes of the
false alarms have been remedied.
