[HISTORY: Adopted by the Board of Aldermen of the City of
Melrose 12-2-1991 by Ord. No. 1795A. Amendments noted where applicable.]
The purpose of this chapter is to reduce the number of false
alarms and to promote the responsible use of alarm devices in the
City of Melrose.
For the purpose of this chapter, the following definitions shall
apply:
Any device which, when activated by a criminal act, fire
or other emergency calling for Police or Fire Department response,
transmits a signal to Police or Fire Department headquarters, transmits
a signal to a person who relays information to Police or Fire Department
headquarters or produces an audible or visible signal to which the
Police or Fire Department is expected to respond. Excluded from this
definition and the scope of this chapter are devices which are designated
to alert or signal only persons within the premises in which the device
is installed and devices which are activated by the release of water
from a sprinkler system.
The owner of any premises on which an alarm device is used, provided that an occupant who expressly accepts responsibility for an alarm device by registration pursuant to § 89-7 shall be deemed the alarm user.
The employee(s) or agent(s) of the Fire Department or Police
Department, or both, who is designated the responsibilities as set
forth in this chapter.
[Added 6-3-2013 by Ord.
No. 2013-156]
A telephone device or attachment that mechanically or electrically
selects a telephone line to police or fire headquarters and produces
a prerecorded voice message to report a criminal act, fire or other
emergency calling for Police or Fire Department response. Excluded
from this definition are devices which relay a digital-coded signal
to police or fire headquarters.
Any firm or corporation in the business of supplying and
installing alarm devices or servicing the same.
Any activation of an alarm device to which the Police Department
or Fire Department responds and which is not caused by a criminal
act, fire or other emergency, except an activation caused by malfunction
of telephone company equipment or lines as verified by monitoring
facilities at police or fire headquarters or power failure as verified
by the administrators. A series of such activations attributable to
the same cause and occurring under circumstances beyond the control
of the responsible alarm user shall be deemed a single false alarm.
There shall be in the City an Alarm Appeal Officer who shall
have the powers and duties granted to him/her under this chapter.
The Alarm Appeal Officer shall be the City Auditor.
All information in the possession of the administrators, the
Police Department or Fire Department concerning particular alarm users
and particular alarm devices shall be confidential and shall not be
divulged without the written consent of the alarm user or users concerned.
A.
No automatic
dial alarm may be installed after the effective date of this chapter
without the prior approval of the appropriate administrator. Within
six months after the effective date of this chapter, all automatic
dial alarms presently in use shall be reprogrammed to dial a designated
number within the Police or Fire Department. The automatic dial alarm
shall be regulated so as not to repeat the message more than two times.
Service for having automatic dial alarms reprogrammed and regulated
shall be at the expense of the user.
B.
The Chief of Police, or his or her designee, may adopt, publish and amend, from time to time, rules and regulations for the Police Department's direct monitoring of automatic dial alarm systems to, and the use by owners and occupants of, residential and commercial buildings, and at such owners' and occupants' cost. Such regulations shall include the collection procedures for the monthly, quarterly and/or annual monitoring fee paid by the user to the Police Department, which monitoring fee shall equal $10 per month for one-family to four-family residential buildings and $12 per month for all other buildings. The provisions of § 89-11 shall expressly apply to this subsection.
[Added 6-3-2013 by Ord.
No. 2013-156; amended 8-21-2017 by Ord. No. 2018-4]
[Added 9-17-2007 by Ord.
No. 07-160]
The alarm system for fire detection or suppression installed
in new construction or remodeled buildings for commercial use is required
to have a fire detection alarm system that is electrically connected
to the Fire Department as set forth by the Chief of the Fire Department
or his/her designee. All new construction buildings for residential
use that are not owner occupied and are of four or more dwelling units
in size are required to install an alarm system for fire detection
or suppression that is electrically connected to the Fire Department
as set forth by the Chief of the Fire Department or his/her designee.
Any residential use building of four or more dwelling units is required
to install an alarm system for fire detection or suppression that
is electrically connected to the Fire Department when a building permit
is issued to enlarge the interior square footage of the building or
for any building upgrade of more than 25% of the assessed value of
the building as set forth by the Chief of the Fire Department or his/her
designee.
Unless required by law, no alarm device which produces an exterior
audible signal shall be installed unless its operation is automatically
restricted to a maximum of 15 minutes. Any alarm device in use as
of the effective date of this chapter must comply with this section
within 180 days of such date.
[Amended 3-17-2008 by Ord. No. 08-182]
A.
When the Police Department or Fire Department has responded to a
false alarm, the appropriate administrator shall impose a charge on
the responsible alarm user according to the following schedule:
B.
There shall be no charge for the first alarm occurring within one
month after installation of an alarm device, and such false alarm
shall not be considered in determining charges in accordance with
the schedule set forth herein.
C.
On or before July 1 of each calendar year, each responsible alarm
user shall register his or her alarm with the Melrose Police Department,
on a form approved by the Chief of Police. Any responsible alarm user
who installs an alarm after July 1 of any calendar year shall register
said alarm with the Melrose Police Department within 30 days of installation.
Additionally, where change of ownership in property has occurred after
July 1, the new owner shall register the alarm in his or her name
within 30 days of assuming ownership. In the event a responsible alarm
user does not register his or her alarm on or before July 1, or within
30 days after installation or assumption of ownership, a fine of $50
will be assessed against the responsible alarm user.
[Amended 3-17-2008 by Ord. No. 08-182; 8-21-2017 by Ord. No. 2018-4]
The appropriate administrator shall notify the responsible alarm
user of any false alarm charge by mail within 45 days. After the mailing
of such notice, the alarm user may file with the appropriate administrator
information to show that the alarm was not a false alarm within the
meaning of this chapter. The appropriate administrator shall consider
such information, reaffirm or rescind the false alarm charge and notify
the alarm user of his/her decision by mail. Within 30 days after the
mailing of such notice, the alarm user may file a written appeal with
the Alarm Appeal Officer.
[Amended 3-17-2008 by Ord. No. 08-182; 8-21-2017 by Ord. No. 2018-4]
Upon receipt of a timely appeal from a false alarm charge, the
Alarm Appeal Officer shall hold a hearing to consider the same and
shall mail notice of the time and place of said hearing to the alarm
user making the appeal at his/her last known address at least 15 days
before the hearing. On the basis of information provided by the alarm
user and other information introduced at the hearing, the Alarm Appeal
Officer shall affirm the charge if he/she finds that the charge was
properly imposed or rescind the charge if the charge was not properly
imposed. Each notice of a false alarm charge or the reaffirmation
of such a charge by the appropriate administrator shall refer to and
provide instructions concerning the alarm user's rights to further
recourse by filing information with the administrator(s) or an appeal
to the Alarm Appeal Officer, as the case may be.
Charges for false alarms and appeal fees will be collected by
the administrators and deposited in the general fund.
Notwithstanding the provisions of this chapter, the City, its
departments, officers, agents and employees shall be under no obligation
whatsoever concerning the adequacy, operation or maintenance of any
alarm device or of the alarm monitoring facilities at police and fire
headquarters. No liability whatsoever is assumed for the failure of
such alarm devices or monitoring facilities or for failure to respond
to alarms or for any other act or omission in connection with such
alarm devices. Each alarm user shall be deemed to hold and save harmless
the City, its departments, officers, agents and employees from liability
in connection with the alarm user's alarm device.
Any person who performs, or causes to be performed, any of the
following acts shall be subject to a fine of up to $200 for each such
act:
A.
Intentional causing of a false alarm.
B.
Use of an automatic dial alarm or an exterior audible alarm device
in violation of the provisions of this chapter. Each day of such use
shall constitute a separate violation.
C.
Failure to pay a charge levied by the administrator acting under § 89-7 hereof within 30 days after mailing of a notice of charge, unless reconsideration is sought pursuant to § 89-8 hereof, and, if reconsideration is denied, failure to pay such charge within 30 days of the administrator's decision or reconsideration, unless an appeal is sought pursuant to § 89-9 hereof, and, if an appeal is denied, failure to pay such charge within 15 days of the Alarm Appeal Officer's mailing of his/her decision affirming the charge.
[Amended 8-21-2017 by Ord. No. 2018-4]
The City, upon appointment of the appropriate administrator,
may institute civil or criminal proceedings to enforce the provisions
of this chapter.
The provisions of this chapter shall not apply to alarm devices
on premises owned or controlled by the City nor to alarm devices installed
in a motor vehicle or trailer.
