[HISTORY: Adopted by the City Council of the City of Beverly
as Art. XXIII of the Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 159.
The following words, terms and phrases, when used in this chapter,
shall have the meanings described to them in this section, except
where the context clearly indicates a different meaning:
An assembly of equipment and devices or a single device such
as a solid-state unit which plugs directly into a one-hundred-ten
volt, sixty-cycle arranged to signal the presence of a hazard requiring
urgent attention and to which police or fire persons are expected
to respond. The City municipal fire alarm system is specifically excluded
from the provisions of this chapter (A.C. line).
Any person on whose premises an alarm system is maintained
within the City, except for alarm systems on motor vehicles or proprietary
systems. Excluded from this definition and from the coverage of this
chapter 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 of 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 section, and shall be subject
to this chapter.
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 on 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 Police Department communication
center and Fire 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 or
Fire Department requesting, or requiring, or resulting in a response
on the part of the Police or Fire Department when in fact there has
been no unauthorized intrusion or attempted unauthorized intrusion
into a premises and no attempted robbery or burglary or fire at a
premises.
Excluded from this definition are activations of alarm systems
caused by power outages, hurricanes, tornadoes, earthquakes and similar
conditions.
The Chief of the Fire Department of the City or his designated
representative.
To connect an alarm system to a voice-grade telephone line,
either directly or through a mechanical device that utilizes 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 City or his designated representative.
The City Police Department or City Fire Department or any
authorized agent thereof.
Anything which annoys, injures or endangers the comfort,
repose, health or safety of any considerable number of persons or
of any community or neighborhood.
[Amended 6-20-1994 by Ord. No. 35]
A.Â
The following
acts and omissions shall constitute violations of this chapter punishable
by fines of up to $50:[1]
(1)Â
Failure to obey an order of the Police Chief or Fire Chief to discontinue
use of an alarm system, after exhaustion of the right of appeal.
(2)Â
Failure to disconnect an automatic dialing device from any telephone
numbers at the Police Department or Fire Department within six months
after the effective date of the ordinance from which this chapter
was derived.
(3)Â
Interconnection of an automatic dialing device to any telephone numbers
at the Police Department or Fire Department after the effective date
of the ordinance from which this chapter was derived.
(4)Â
Failure to pay two or more consecutive fines assessed under this
chapter within 60 days from the date of the assessment.
B.Â
Separate offenses. Each day during which the aforesaid violations
continue shall constitute a separate offense.
The Police Chief or Fire Chief may promulgate such rules as
may be necessary for the implementation of this chapter in their respective
departments.
A.Â
Interconnection specifications. Automatic dialing devices may be
interconnected only to telex phone numbers at the Police Department
or Fire Department specifically designated to receive such calls by
the Police or Fire Department.
Any person using an automatic dialing device may have the device
interconnected to a telephone line transmitting directly to:
A.Â
Connection to communications console; existing systems. Alarm systems
may be connected to the communications console in the Police Department.
The existing alarm company is to remain until terminated by the Chief
of Police.
B.Â
Bids. In accordance with the normal bidding practices in effect in the City, the City Council shall have the authority to request bids from alarm companies in order to furnish, at no cost to the City, 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. Each of the bids shall set forth the annual fee each alarm user will be required to pay the alarm company for services rendered with respect to the communications 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 Subsection B relate solely to the aforementioned communications console, connections to the 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 for servicing of the alarm system to be installed on his premises.
C.Â
Responsibilities of alarm user or alarm business contracting for
servicing alarm system. 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 the 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.Â
Submission of names of persons authorized to respond to alarm. Every
alarm user shall submit to the Police Chief or Fire 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.Â
Test device. All alarm systems directly connected to the Police Department
may be equipped with a test device which will give a ten-second delay
or longer prior to alarm system activation in order to warn the alarm
user of an open alarm circuit.
C.Â
Automatic shut-off devices. All alarm systems installed after July
1, 1981, which use an audible horn or bell or siren-sounding alarm
shall be equipped with a device that will shut off such audible sound
within 20 minutes or less after activation of the alarm system.
D.Â
Continuous signals constitute a nuisance. Any alarm system emitting a continuous and uninterrupted signal for more than 30 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 under Subsection A of this section and which disturbs the peace, comfort, or repose 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.
(1)Â
Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police Chief shall endeavor to contact the alarm user, or those persons designated by the alarm user under Subsection A of this section in an effort to abate the nuisance. The Police Chief shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
(2)Â
In the event that the Police Chief is unable to contact the alarm user or those persons designated by the alarm user under Subsection A of this section, or if the aforesaid persons cannot or will not curtail the audible signal emitted by the alarm system, and if the Police Chief is otherwise unable to abate the nuisance, he may direct a police officer or a firefighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance. If the entry upon property outside the home or building in which the alarm system is located is made in accordance with this section, the person so entering upon such property shall:
E.Â
After an entry upon property has been made in accordance with this
section, the Police Chief shall have the property secured, if necessary.
The reasonable costs and expenses of abating a nuisance in accordance
with this chapter may be assessed to the alarm user, such assessment
not to exceed $50.
No alarm system designed to transmit emergency messages directly
to the Police or Fire Department shall be worked on, tested or demonstrated
without obtaining permission from the Police Chief or Fire Chief.
Permission is not required to test or demonstrate alarm devices not
transmitting emergency messages directly to the Police Department
or Fire Department. An unauthorized test constitutes a false alarm.
A.Â
Actions of Police or Fire Chief generally. When emergency messages are received by the Police or Fire Department that evidence false alarms, the Police Chief or Fire Chief shall take action as may be appropriate under Subsections B, C, D and E of this section and, when so required by the terms of such subsections, order that use of an alarm system be discontinued.
B.Â
Report. After the Police or Fire Department has recorded three separate
false alarms within the calendar year from an alarm system, the Police
Chief or Fire Chief shall notify the alarm user, in writing, in person
or by mail, of such fact and require the alarm user to submit, within
15 days after receipt of such notice, a report describing efforts
to discover and eliminate the cause of the false alarms. If the user,
on the basis of absence from the City, or on any other reasonable
basis, requests an extension of time for filing the report, the Police
Chief or Fire Chief may extend the fifteen-day period for a reasonable
time. If the user fails to submit such a report within the times specified,
the Police Chief or Fire Chief shall order that use of the alarm system
be discontinued. Any such discontinuances shall be effectuated within
15 days from the date of receipt of the Police Chief's or Fire Chief's
order.[1]
C.Â
Discontinuance of system for unsatisfactory report. In the event that the Police Chief or Fire 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 or Fire Chief shall order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within 15 days from the date of the Police Chief's or Fire Chief's order.
D.Â
Discontinuance of system for certain number of false alarms within
a year. If the Police or Fire Department records five false alarms
within the calendar year from an alarm system, the Police Chief or
Fire 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 system was disconnected. In the
event that the Police Department or Fire Department records eight
false alarms within the calendar year from an alarm system, the Police
Chief or Fire 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.Â
Fines. 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. All fines assessed, however, shall
be paid to the City Treasurer-Collector for deposit in the general
fund. Upon failure of the user of an alarm system to pay two consecutive
fines assessed hereunder within 30 days of assessment, the Police
Chief or Fire 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 or Fire Chief's
order.[2]
