[HISTORY: Adopted by the Special Town Meeting of the Town of Yarmouth 10-17-2011 by Art. 7, approved 10-24-2011. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- ALARM SYSTEM
- An assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a 110 volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which the Fire Department is expected to respond.
- A. 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.
- B. An incident in which the Fire Department is dispatched to the alarmed premises due to any signal or oral communication transmitted to the Fire Department requesting or requiring a response on the part of the Fire Department when in fact there has been no real cause for the alarm. For the purposes of this definition, activation of alarm systems by acts of God, including, but not limited to, power outages, hurricanes, tornadoes, earthquakes, and similar weather or atmospheric disturbances, shall not be deemed to be a false alarm.
Any alarm system emitting a continuous and uninterrupted signal for more than 15 minutes between 7:00 p.m. and 6:00 a.m. which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him, and which disturbs the peace, comfort, or repose of a community, neighborhood or of a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Fire Department shall endeavor to contact the alarm user, or member of the alarm user's family, or those persons designated by the alarm user in an effort to abate the nuisance. The Fire Department shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
Any person who maintains, or permits to be maintained, a mechanical or electronic fire alarm device designed to transmit an alarm signal indicating that it has detected a fire or condition inherently characteristic of a fire in order to summon the Fire Department to the premises shall be responsible to keep such an alarm device, or cause the same to be kept, in good operating condition so as not to signal a false alarm as described in § 102-1.
Any false indication of a fire or fire-like condition to the Fire Department by transmission of an alarm signal from such an alarm device (i.e., a false alarm) shall be reported by the Fire Department to the occupant of the premises from which such false alarm was transmitted. Notice of a false alarm to the person responsible for such alarm device shall be delivered by the leaving of written notification by Fire Department personnel at the premises where such alarm device is located.
Any person who maintains, or permits to be maintained, any such mechanical or electronic fire alarm device that transmits more than three false alarms within a period of 12 consecutive months after written notification by the Fire Department of a false alarm from such alarm device shall be punished by a fine of $50 for the fourth false alarm, a fine of $100 for the fifth false alarm, a fine of $200 for the sixth false alarm, and for each subsequent false alarm a fine of $25 multiplied by the total number of false alarms resulting from any such alarm device for which such person is responsible. In no event, however, shall a fine exceed $300 for any single false alarm.
Neither the Town nor any of its officers shall be under any obligation or duty to an alarm user or to any other person by reason of this chapter. The Town expressly disclaims liability for any damages which may result from failure to respond to a fire alarm.
The Fire Chief may promulgate such rules as may be necessary for the administration of this chapter.
The provisions of this chapter shall not apply to alarm devices owned or controlled by the Town or Barnstable County.