[HISTORY: Adopted by the Town of Medfield as indicated in
Article histories. Amendments noted where applicable.]
[Adopted as Art. IV, Sec. 25, of the 1926 Bylaws]
As used in this Bylaw, the following terms shall have the meanings
indicated:
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, robbery, or burglary, or attempt threat. For the purpose
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.
Every alarm user shall submit to the Police Chief the names
and telephone numbers of at least two other persons 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.
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.
Any alarm system emitting 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 or her under § 80-2, and which disturbs the peace, comfort or repose of inhabitants of a community, a neighborhood or 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 Police Chief or his or her designee shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under § 80-2 in an effort to abate the nuisance. The Police Chief or his or her designee shall cause to be recorded the names and addresses of all complaints and time each complaint was made.
Upon receipt of five or more false alarms within a calendar
year, the Police Chief shall:
A.
For each offense, assess the user $25 as a false alarm service fee
and for any 10 or more false alarms shall assess the user $50 for
each offense. All fees assessed shall be paid to the Town Treasurer
for deposit to the general fund; and/or
B.
Order that further connections to the communications console in the
Police Department will be contingent upon the user equipping any alarm
system with a device that will shut off any audible horn or bell within
10 minutes after activation of the alarm system.
[4-30-1990; amended 5-1-1990]
This Bylaw does not apply to automobile horns.
[4-30-1990; amended 5-1-1990; 4-28-2014 ATM by Art. 32]
The user shall have the right of appeal to the Board of Selectmen within 10 working days after an order is issued or a fine is assessed under § 80-5.
[5-4-1981; amended ATM 4-26-1994; 4-28-2014 ATM by Art.
32]
Except as herein provided for penalty assessments in § 80-5, whoever violates any Section of this Bylaw shall be punished by a fine not exceeding $300 for each offense, which shall inure to the Town. Such fines shall be recovered by indictment or on complaint before a district court or by noncriminal disposition in accordance with Massachusetts General Laws.
[Adopted as Art. XV of the 1926 Bylaws]
When used in this Bylaw, unless a contrary intention clearly
appears, the following words shall have the following meanings:
A company equipped to receive a fire alarm signal from each
of its customers and which then transmits to the Medfield Fire Department
(MFD) the location of any such alarm the central station operating
company receives.
The operation of a faulty smoke or heat detection device.
Faulty control panel or associated equipment.
A water pressure surge in automatic sprinkler equipment.
Accidental operation of an automatic sprinkler system.
An action by an employee of the owner or occupant of the protected
premises or a contractor employed by the owner or the occupant, causing
accidental activation of the internal fire alarm system.
Any heat-activated, smoke-activated, flame-energy-activated
or other such automatic device capable of transmitting a fire alarm
signal to either a central station operating company or directly to
the MFD by way of a master box.
The transmittal of a fire alarm to a central station operating
company or directly to the MFD by way of a master box, which alarm
is caused by improper installation of a fire alarm system, a mechanically
defective fire alarm system, lack of maintenance or some other reasons
that cause a fire alarm to sound even though there is no actual fire
or situation that reasonably could evolve into a fire.
An individual or entity who owns the title to and/or has
on his or her business or residential premises a fire alarm system
equipped to send a fire alarm signal to a central station operating
company or directly to the MFD by way of a master box.
The Chief of the Medfield Fire Department.
An individual or entity who has on his or her business or
residential premises a fire alarm system equipped to send a fire alarm
signal directly to the MFD by way of a master box, which is a municipal
fire alarm box.
A.
Before any fire alarm system is connected to the MFD, the master
box owner shall provide the Fire Chief with the following information:
(1)
The name, address, and home and work telephone numbers of the master
box owner;
(2)
The street address where the master box is located;
(3)
The names, addresses and telephone numbers of the persons or businesses
protected by the fire alarm system connected to the master box;
(4)
The names, addresses and home and work telephone numbers of at least
two persons other than the owner who can be contacted 24 hours a day,
who are authorized by the master box owner to respond to an alarm
signal and who have access to the premises in which the master box
is located; and
(5)
Such other information as the Fire Chief may require.
B.
If, at the passage of this Bylaw, a fire alarm system has already
been connected to the MFD by way of a master box, the master box owner
shall comply with the requirements of this Section within 60 days
after the MFD has sent him or her notice by first class mail of the
requirements of this Section.
C.
If a master box owner fails to comply with this Section, the Fire
Chief may assess a fine of $50 for each day of noncompliance.
A.
Every central station operating company which has a direct connection
on the effective date of this Bylaw to the MFD shall pay the following
fees:
(1)
Annual fee: $200.
B.
Before any central station operating company is connected with the
MFD, it shall provide the Fire Chief with the following information:
(1)
The name, address and telephone numbers of the central station operating
company;
(2)
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 central station operating company to respond to an alarm signal
and who have access to the premises from where the alarm signal is
emitting to the central station operating company;
(3)
The names, address, home and work telephone numbers, and location
of the premises of each customer of the central station operating
company who has a fire alarm system equipped to send a fire alarm
signal to the central station operating company; and
(4)
Such other information as the Fire Chief may require.
C.
If, at the passage of this Bylaw, a central station operating company
already has a direct connection to the MFD, the central station operating
company shall comply with the requirements of this Section within
60 days after the MFD has sent its notice by first class mail of the
requirements of this Section.
D.
If a central station operating company fails to comply with this
Section, the Fire Chief may assess a fine of $50 for each day of noncompliance.
A.
Every master box owner and every central station operating company
shall be responsible for updating the information herein required
to be provided to the Chief. If the information provided changes,
the master box owner and the central station operating company shall
provide the Fire Chief with the updated information and shall pay
the fee, if any, required by this Bylaw.
B.
If a master box owner or a central station operating company fails
to comply with this Section, the Fire Chief may assess a fine of $50.
A.
If there is a fire alarm system malfunction, as defined herein, the
Fire Chief may assess a fine against a fire alarm system owner for
each malfunction per fiscal year according to the following schedule:
(1)
First through third malfunction: no charge. Upon the recording of
the third false alarm by the Medfield Fire Department, the Fire Chief
shall notify the owner of the building, in writing and by certified
mail, of such fact, and at that time inform the owner of the Medfield
Fire Department's policy with regard to charging for false alarms
(send copy of the policy at this time).
(2)
Fourth through sixth malfunction: $100.
(3)
Seventh through 11th malfunction: $200.
(4)
Each malfunction after the 11th: $300.
B.
Private fire alarm systems connected to the Medfield Fire Department
by other automatic means or through a central station system shall
be subject to the above conditions.
C.
Any false fire alarm which is the result of the failure of the property owner, occupant or their agents to notify the Medfield Fire Department of repair, maintenance or testing of the internal fire alarm system within the protected premises shall cause a penalty to be assessed in accordance with Subsection A.
D.
Property owners will be billed once a month for the previous month's
malfunction activity. All fines assessed shall be paid to the Town
Treasurer for deposit in the general fund.
E.
If the bill is not paid within 30 days, a second notice will be sent.
If the bill is not paid after another 30-day period, a final notice
will be sent informing the owner and/or occupant that the master box
will be disconnected and the insurance company notified.
No fire alarm system shall be equipped with a tape dialer or
similar automatic telephone device which will transmit an alarm message
to any telephone lines of the MFD. If, at the passage of this Bylaw,
a fire alarm system is equipped with such a tape dialer or similar
automatic telephone device, the fire alarm system owner shall have
60 days, following the approval of this Bylaw by the Attorney General,
to disconnect such tape dialer or similar automatic telephone device.
If a fire alarm system owner fails to comply with this Section, the
Fire Chief may assess a fine of $50.
Any fire alarm system owner who is aggrieved by an action taken
by the Fire Chief under this Bylaw may, within 10 days of such action,
file an appeal, in writing, with the Board of Selectmen of the Town
of Medfield (the Board). After notice, the Board shall hold a hearing,
after which it shall issue a decision in which it affirms, annuls
or modifies the action taken by the Fire Chief, giving its reasons
therefor. The Board shall send its decision to the owner by first
class mail within 10 days after the hearing. The decision of the Board
shall be a final administrative decision.
The Fire Chief may promulgate such regulations as may be necessary
to implement this Bylaw. The Fire Chief is authorized to pursue such
legal action as may be necessary to enforce this Bylaw.
All fines assessed herein shall be payable to the Town of Medfield
for deposit in the general fund.
[Added ATM 5-1991]
The provisions of this Bylaw shall be deemed to be severable,
and if any of its provisions shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall
not affect or impair any of the remaining provisions.
A.
Every master
box owner whose fire alarm system is directly connected to the Town
of Medfield municipal fire alarm system shall be assessed an annual
maintenance fee of $180 per master box. This maintenance fee shall
be reviewed from time to time and may be adjusted to reflect the cost
of maintaining the municipal system. Any change in the maintenance
fee will be done with the approval of the Board of Selectmen.
B.
Municipal buildings will not be assessed a maintenance fee.
C.
Billing will take place on July 1 of the fiscal year, with payment
due in 30 days.
D.
The fees that are collected for the maintaining of the municipal
fire alarm system shall be deposited in a revolving fund for said
purpose.
And to further accept the provisions of MGL c. 44, § 53E 1/2,
to provide for a Fire Alarm Revolving Fund to be used for fire alarm
maintenance, equipment or supplies funds not to exceed $5,000 to come
from the Maintenance Fee Account and to authorize the Fire Chief to
expend from said funds. The Town Accountant shall provide a quarterly
accounting of all transactions that occur within this revolving fund.
Said accounting shall be made to the Board of Selectmen and Warrant
Committee within 30 days following the close of such calendar quarter
in writing.
