As used in this chapter, the following terms shall have the
meanings indicated:
ALARM BUSINESS
The occupation by any natural person, cooperation, incorporated
association, partnership or other entity of selling, leasing, maintaining,
servicing, repairing, altering, replacing, removing or installing
any emergency alarm system or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved or installed any emergency
alarm system in or on any building, structure or facility. This definition
does not include a business which engages in the manufacture or sale
of an emergency alarm system unless such business services, installs,
monitors or responds to emergency alarm systems.
ALARM INSTALLATION
The design, installation, repair, alternation or maintenance
of emergency alarm systems.
ALARM USER
Any person on whose premises an emergency alarm system is
maintained within the Town of Merrimack, except for alarm systems
on motor vehicles or proprietary alarm systems.
ANSWERING SERVICE
A telephone answering service which provides the service
of receiving signals from emergency alarm systems and thereafter immediately
relays the message by live voice to the emergency alarm monitoring
facility.
APPLICANT
A person who files an application of a new or renewal permit
as provided by this chapter.
CENTRAL ALARM STATION
Any facility which is privately owned, or owns or leases
emergency alarm systems and whose facility is staffed by employees
who receive, record or validate alarm signals and relay the information
of such signals to the Merrimack Police Department Communications
Division by any means.
DIAL ALARM
An alarm system which automatically selects a telephone line
connected to a Central Alarm Station and reproduces a prerecorded
voice message or coded signal indicating the existence of an emergency
situation that the emergency alarm system is designed to detect.
DIRECT ALARM
Any system which is directly connected to the alarm processing
unit within the central alarm station.
EMERGENCY ALARM SYSTEM
An assembly of equipment and devices, or a single device,
designed to transmit a signal indicating an actual or perceived emergency
situation requiring urgent attention and to which emergency personnel
are expected to respond. For purposes of this chapter, an "emergency
alarm system" shall not include residential smoke, fire and carbon
monoxide detectors. In this chapter, the term "emergency alarm system"
shall include the terms, "dial alarm," "direct alarm," "local alarm"
and "manual alarm," as those terms are hereinafter defined.
FALSE ALARM
Any activation of an emergency alarm system to which the
Town of Merrimack emergency services personnel respond and which is
not the result of an actual or perceived emergency or situation requiring
the assistance of emergency services personnel. Excluded from this
definition are:
A.
Alarms occurring during electrical storms, hurricanes, tornados,
blizzards and acts of God;
B.
The intermittent disruption or disruption of the telephone circuits
beyond the control of the alarm company and/or alarm user;
C.
Electrical power disruption or failure beyond the control of
the alarm company and/or alarm user;
D.
Alarms caused by a failure of the equipment at the central alarm
station; or
E.
Other extraordinary circumstances not reasonably subject to
control by the permit holder.
FIRE CHIEF
The Chief of the Merrimack Fire Department or a named and
authorized designee.
LOCAL ALARM
Any alarm system not connected to a central alarm station
or answering service which, when activated, operates an audible and/or
visual signaling device at the premises within which the emergency
alarm system is installed.
MANUAL ALARM
Any emergency alarm system by which the activation of the
alarm is initiated by the direct action of the alarm user, his agents
or employees and is installed to elicit a police, fire or medical
response to an actual or perceived emergency situation.
PERMIT HOLDER
Any person who shall be granted a permit as provided in this
chapter and his or her agents or representatives.
PERSON
Any natural person, corporation, unincorporated association,
partnership or other legal entity.
POLICE CHIEF
The Chief of the Merrimack Police Department or a named and
authorized designee.
PROPRIETARY ALARM SYSTEM
Any and all alarm systems, sounding and/or recording alarms
and supervisory signals at a control center located within the protected
premises, the control center being 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 to a central
station or answering service, it thereby becomes an emergency alarm
system as defined by this chapter.
TOWN
The Town of Merrimack, New Hampshire.
TWELVE-MONTH PERIOD
For purposes of determining the total number of false alarms,
this is the period that spans 12 rolling calendar months from the
date of the first and successive alarms that the Police or the Fire
Department is notified of and responds to.
Any alarm user who, after having an emergency alarm system permit
revoked and after exhausting his right to a hearing and appeal, fails
to disconnect his emergency alarm system shall be guilty of a violation
and, upon conviction, shall be fined not less than $100.
Any owner or lessee of property having an emergency alarm system
on his/her premises and any user of an emergency alarm system designated
and installed with the intent of eliciting a response of police, fire
or medical emergency service personnel shall pay to the Town of Merrimack
a response fee based on the following schedule for each and every
false alarm to which the emergency service personnel respond in excess
of six false alarms during a one-year (twelve-month) period:
Number of Alarms
|
Response Fee
(each)
|
---|
7 to 10
|
$50
|
11 and up
|
$100
|
Any owner or lessee of property installing, renovating and upgrading
an emergency alarm system on his/her premises will not be assessed
a service charge for false alarms for 30 calendar days from the date
the emergency alarm system is put in service, provided that a permit
application is received by the Police Chief or the Fire Chief.
The Town of Merrimack, its emergency services employees and
their agents shall take every reasonable precaution to assure that
emergency alarm system signals are given appropriate attention and
are acted upon with dispatch. Nevertheless, the Town of Merrimack,
its departments, employees and agents shall not be liable for any
defects in the operation of an emergency alarm system, for any failure
or neglect to respond appropriately upon receipt of an alarm from
such source nor for the failure or neglect of any person in connection
with the installation and operation of emergency alarm systems or
their components, the transmission of alarm signals and prerecorded
messages or the relaying of such signals and messages.
The information furnished and secured pursuant to this chapter
shall be confidential in character and shall not be subject to public
inspection and shall be kept so that the contents thereof shall not
be known except to persons charged with the administration of this
chapter.