[HISTORY: Adopted by the Town Meeting of the Town of Foxborough
as Art. V, § 8, of the General Bylaws. Amendments noted
where applicable.]
For the purpose of this bylaw, 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 used 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.
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 police are expected to respond. Fire alarm systems 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 ordinance.
Any person on whose premises an alarm system is maintained
within the Town except for alarm systems on motor vehicles or proprietary
systems. Excluded from this definition and from the coverage of this
bylaw are central station personnel and persons who use alarm systems
to alert or signal persons within the premises in which the alarm
system is located or an attempted unauthorized intrusion or holdup
attempt. If such a system, however, employs an audible signal emitting
sounds or a flashing light or beacon designed to signal persons outside
the premises, such system shall be within the definition of "alarm
system" as that term is used in this bylaw and shall be subject to
this bylaw.
Refers to an alarm system which automatically sends over
regular telephone lines, by direct connection or otherwise, a prerecorded
voice message or coded signal indicating the existence of the emergency
situation that the alarm system is designed to detect.
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.
The instrumentation of an alarm console at the receiving
terminal of a signal line which, through both visual and audible signals,
indicates activation of an alarm system at a particular location,
or which indicates line trouble.
An alarm system which has the capability of transmitting
system signals to and receiving them at the Foxborough Police Department
Communication Center.
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;
Any signal or oral communication transmitted to the Police Department
requesting, or requiring, or resulting in a response on the part of
the Police Department when in fact there has been no unauthorized
intrusion or attempted unauthorized intrusion into a premises and
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.
To connect an alarm system to a voice-grade telephone line,
either directly or through a mechanical device that utilized a standard
telephone, for the purpose of using the telephone line to transmit
an emergency message upon the activation of the alarm system.
The Chief of Police of the Town of Foxborough or his designated
representative.
The Town of Foxborough Police Department or any authorized
agent thereof.
The Town of Foxborough.
The Police Chief may promulgate such rules as may be necessary
for the implementation of the law.
A.
Alarm systems may be connected to the communications console in the
Police Department.
B.
The alarm company shall furnish, at no cost to the Town, a communications
console and the necessary telephone lines which are compatible to
the receipt of alarm signals from alarm systems whose lines are connected
to the Police Department. The alarm company shall set forth the annual
fee each alarm user will be required to pay the alarm company for
services rendered with respect to the communication console. Such
services shall be set forth in the form of a written contract between
the alarm company and each alarm user. The provisions of this section
relate solely to the aforementioned communication console, connection
to the said console by alarm users, and fees and charges related to
the installation and maintenance of the console. Any alarm user may
contract with any alarm company of his choice for the sale, installation,
maintenance, and/or servicing of the alarm system to be installed
on his premises.
C.
The alarm user, or the alarm business contracting for servicing the
alarm user's alarm system, shall be responsible for obtaining the
leased telephone line between the alarm user's premises and alarm-receiving
equipment at the Police Department and for furnishing the appropriate
interface equipment, if required, in order to provide an input signal
which is compatible with the receiving equipment used to operate the
communications console.
A.
Every alarm user shall submit to the Police Chief the names and telephone
numbers of 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 wherein
the alarm system is installed.
B.
All alarm systems shall be equipped with a test device which will
give a ten-second delay prior to alarm system activation in order
to warn the alarm user of an open alarm circuit.
C.
Within six months from the effective date of this bylaw, all alarm
systems which use an audible horn or bell shall be equipped with a
device which will shut off such horn or bell within 10 minutes after
activation of the alarm system.
D.
All alarm systems installed after the effective date of this bylaw
which use an audible horn or bell shall be equipped with a device
that will shut off such horn or bell within 10 minutes after activation
of the alarm system.
No alarm system designed to transmit emergency messages directly
to the police department shall be worked on, tested or demonstrated
without obtaining permission from the Police Chief. Permission is
not required to test or demonstrate alarm devices not transmitting
emergency messages directly to the police department. An unauthorized
test constitutes a false alarm.
A.
When emergency messages are received by the Police Department that evidence false alarms, the Police Chief shall take such action as may be appropriate under Subsections B, C, D and E of this section and, when so required by the terms of the aforementioned paragraphs, order that use of an alarm system be discontinued.
B.
After the Police Department has recorded three separate false alarms
within the calendar year from an alarm system, the Police Chief shall
notify the alarm user, in writing and by certified mail, of such fact
and require the said user to submit, within 15 days after receipt
of such notice, a report describing efforts to discover and eliminate
the cause or causes of the false alarms. If the said user, on the
basis of absence from the Town, or on any other reasonable basis,
requests an extension of time for filing the report, the Police Chief
may extend the fifteen-day period for a reasonable period. If the
said user fails to submit such a written report within 15 days or
within any such extended period, the Police Chief shall order that
use of the alarm system be discontinued. Any such discontinuance shall
be effectuated within 15 days from the date of receipt of the Police
Chief's order.
C.
In the event that the Police Chief determines that a report submitted in accordance with Subsection B of this section is unsatisfactory, or that the alarm user has failed to show by the report that he has taken or will take reasonable steps to eliminate or reduce false alarms, then the Police Chief shall order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within 15 days from the date of receipt of the Police Chief's order.
D.
In the event that the Police Department records five false alarms
within the calendar year from an alarm system, the Police Chief may
order that the user of the alarm system discontinue use of the alarm
system for the calendar year, but for not less than six months from
the date the alarm was disconnected. In the event that the Police
Department records eight false alarms within the calendar year from
an alarm system, the Police Chief shall order that the user of the
alarm system discontinue use of the alarm system for the calendar
year, but for not less than six months from the date the alarm was
disconnected.
E.
Any user of an alarm system which transmits false alarms shall be
assessed a fine of $25 for each false alarm in excess of three occurring
within the calendar year. Upon failure of the user of an alarm system
to pay two consecutive fines assessed hereunder within 60 days of
assessment, the Police Chief shall order that the user discontinue
use of the alarm system. Any such discontinuance shall be effectuated
within 15 days from the date of receipt of the Police Chief's order.
F.
Any user of an alarm system who has, in accordance with this section,
been ordered by the Police Chief to discontinue use of an alarm system
may appeal the order of discontinuance to the Select Board. Notice
of an appeal shall be filed with the Select Board within 10 days of
the date of the order of discontinuance. Thereafter, the Board shall
consider the merits of the appeal, and in connection therewith shall
hear evidence presented by all interested persons. After hearing such
evidence, the Board may affirm, vacate or modify the order of discontinuance.
[Amended 1-30-2023 STM by Art. 1]
G.
Unpaid fines for false burglar alarms shall be known as municipal
charge liens. The acceptance of this provision will allow the Collector
of Taxes to add the unpaid fines to tax bills under the provisions
of MGL c. 40, § 58.
A.
The following acts and omissions shall constitute violations of this bylaw punishable as set forth in Chapter 1, Article II, § 1-4, of the Town Code:
(1)
Failure to obey an order of the Police Chief to discontinue use of
an alarm system, after exhaustion of the right of appeal;
(2)
Failure to disconnect an automatic dialing service from any telephone
numbers at the Police Department within six months after the effective
date of this bylaw;
(3)
Failure to pay two or more consecutive fines assessed under this
bylaw within 60 days from the date of assessment;
B.
Each day during which the aforesaid violations continue shall constitute
a separate offense.
