[HISTORY: Adopted by the Special Town Meeting of the Town
of Lee 4-25-1996 by Art. 16. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 30.
As used in this chapter, the following terms shall have the
meanings indicated:
Any firm or corporation in the business of supplying and
installing private intrusion, fire or medical alarm devices or serving
the same.
FALSE PRIVATE FIRE ALARMThe activation of a private fire alarm system by any cause where in fact a hazard requiring attention to which police officers or Fire Department personnel are expected to respond does not exist. Such causes include mechanical failure, malfunction, improper installation, recklessness, intentional conduct or negligence of the user of a private fire alarm system or of his or her employees or agents.
FALSE PRIVATE INTRUSION ALARMThe activation of a private intrusion alarm system by any cause where in fact a hazard requiring attention to which police officers are expected to respond does not exist. Such causes include mechanical failure, malfunction, improper installation, recklessness, intentional conduct or negligence of the user of a private intrusion alarm system or of his or her employees or agents.
FALSE PRIVATE MEDICAL ALARMThe activation of a private medical alarm system by any cause where in fact a hazard requiring attention to which police officers or ambulance or emergency medical personnel are expected to respond does not exist. Such causes include mechanical failure, malfunction, improper installation, recklessness, intentional conduct or negligence of the user of a private medical alarm system or of his or her employees or agents.
Exceptions. For purposes of the above definitions, activation
of a private intrusion, fire or medical alarm system by acts of vandals
or acts of nature, including but not limited to hurricanes, tornadoes,
earthquakes and similar weather or atmospheric disturbances, shall
not be deemed a false private medical alarm.
Any assembly of equipment or any device to signal the presence
of a hazard to which the Town of Lee Police Department, Fire Department
or Ambulance Squad is expected to respond.
The Town of Lee.
The occupant of the premises containing the private intrusion,
fire or medical alarm system.
A.
There shall be in the Town an Administrative Alarm Board for private
intrusion, fire and medical alarm devices which shall have the powers
and duties granted under this chapter.
B.
The Administrative Alarm Board shall be made up of the Fire Chief,
the Ambulance Director and the Chief of Police, who shall serve as
the Board Chairperson. Said Board shall function under the direction
and control of the Board of Selectmen.
C.
The Chief of Police or his or her designee shall be responsible for
the maintenance of the alarm user registration files, the collection
of registration fees and the billing of fees for false private alarms.
D.
All registration records of private alarm users maintained by the
Administrative Alarm Board shall be stored at the Town of Lee Communications
Center and readily available as needed by the Police Department, Fire
Department or Ambulance Squad.
Each private intrusion alarm, fire alarm or medical alarm user
shall register his or her private alarm system, device or devices
with the Administrative Board prior to use, provided that private
alarm devices in use as of the effective date of this chapter shall
be registered no later than 60 days from such date.
All information in the possession of the Administrative Board
or the Police Department concerning specific private intrusion alarm
users and specific intrusion alarm devices shall be considered law
enforcement information and as such shall be considered confidential
and shall not be divulged without consent of the private intrusion
alarm user or users concerned.
A.
Every user shall submit to the Administrative Alarm Board the names
and telephone numbers of at least two other persons who are authorized
to respond to an emergency signal emitted by a private system and
who are authorized to open the premises wherein the private alarm
is installed.
B.
All private alarm systems installed after the effective date of this
chapter 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 private alarm system.
C.
All private alarm systems installed after the effective date of this
chapter shall be equipped with a battery backup or other device or
be of a design so as to prevent the signaling of a private alarm in
the event of an AC power failure.
D.
No private alarm system shall be wired directly to the Lee Communications
Center, Police Department, Fire Department or Ambulance Squad.
E.
All alarm signals coming into the Lee Communications Center must
be from either a person hearing, seeing or otherwise becoming aware
of said alarm or an operator at a private monitoring station. Said
operator shall be capable of informing the Communication Center Dispatcher
of the existence of a possible problem requiring police, fire or ambulance
response, as well as answering relevant questions the dispatcher may
have. Private alarm systems with automatic dialers or systems utilizing
any form of recorded voice message are prohibited.
A.
Every person who is the owner of or who is in charge of premises
on which a private alarm device is installed shall register such intrusion
alarm device annually, on or before April 1 of each year, and shall
submit to the Administrative Alarm Board in the Town of Lee, in writing,
on or before that date a registration statement, on a form established
by the Administrative Alarm Board, and an annual registration fee
in the amount of $25, which can be waived all or in part at the discretion
of the Administrative Alarm Board. The registration statement shall
contain such person's name, address and telephone number, as
well as the name, address and telephone number of at least two other
persons who are authorized to respond to a signal transmitted by the
private alarm device and who are authorized to open the premises on
which the private alarm device is installed.
B.
For such private alarm devices currently installed, such persons
shall submit such registration statements within 30 days of the adoption
of this chapter.
C.
Such registration form shall require permission from the user in
favor of the Town of Lee Police Department to break into and enter
the registered premises forcibly without liability and an indemnification
from the user in favor of the Town and its officers with respect to
any such forcible breaking and entering in order to respond to such
an alarm.
A.
Upon the occurrence of three false private intrusion, fire or medical
alarms, or any combination thereof, attributable to one premises within
a calendar year, the Administrative Alarm Board or its designee may,
at its discretion, in writing, notify the private alarm user that:
(1)
The user is to discontinue use of the private alarm insofar as it
triggers a Police Department, Fire Department or Ambulance Squad response;
(2)
Further Police Department, Fire Department or Ambulance Squad response
will be contingent upon the private alarm user equipping the private
alarm system with a device that will shut off any audible horn or
bell within 10 minutes after activation of the private alarm system;
and
(3)
Further Police Department, Fire Department or Ambulance Squad response
will be contingent upon the private alarm user equipping the private
alarm system with a battery backup or similar device, or the system
shall be modified so as to prevent the signaling of the private alarm
in the event of an AC power failure.
B.
The private alarm user shall be assessed a fee of $50 for each additional
false private alarm occurring at the premises within the same calendar
year. All fees assessed hereunder shall be paid to the Town Treasurer
for deposit into the general fund.
A.
False private alarm fees.
(1)
The Administrative Board shall notify the responsible private alarm user of any false private alarm fee assessed under § 78-8 above by certified mail to the address which is on file with the Tax Assessor of the Town for the purposes of tax mailings. Within 30 days after the mailing of such notice, the private alarm user may file with the Administrative Board information to show that the private alarm was not a false private alarm within the meaning of this chapter.
(2)
The Administrative Board shall consider this information and, based
thereon, shall affirm or rescind the false private alarm fee and notify
the private alarm user of its decision by mail. Within 30 days after
mailing such notice, the private alarm user may file with the Private
Alarm Appeal Board an appeal, in writing.
B.
Appeal to the Private Alarm Appeal Board. Upon receipt of a timely
appeal from a false private alarm fee, the Private Alarm Appeal Board
shall hold a hearing to consider it and shall mail notice of the time
and place of said hearing to the private alarm user taking the appeal
at his or her last known address at least 15 days before the hearing.
On the basis of the information introduced at the hearing, the Board
shall affirm the fee if it finds that the fee was properly imposed
or rescind the fee if the fee was not properly imposed.
C.
Notice to include instructions. Each notice of a false private alarm
fee or the affirmation of such fee by the Administrative Board shall
refer to and provide instructions concerning the private alarm user's
right to further recourse by filing an information with the Administrative
Board or an appeal with the Private Alarm Appeal Board, as the case
may be.
A.
There shall be a fee of $15 for each appeal to the Private Alarm
Appeal Board; provided, however, that in the event that such Board
finds in favor of the user, such appeal fee shall be refunded.
B.
The amount of the fee for taking an appeal may be raised or lowered
from time to time at the discretion of the Private Alarm Appeal Board.
Fees for false private alarms and registration and appeal fees
will be collected by the Administrative Board and deposited into the
general fund.
Notwithstanding the provisions of this chapter, the Town, its
departments, officers, agents and employees shall be under no obligation
whatsoever concerning the adequacy, operation or maintenance of any
private intrusion alarm device or of the private intrusion alarm monitoring
facilities.
Any person who commits, or causes to be committed, any of the
following acts shall be subject to a fine of up to $100 for each such
act:
The provisions of this chapter shall not apply to alarm devices
on premises owned or controlled by the Town nor to intrusion alarm
devices installed in a motor vehicle or trailer.
The invalidity of any provision of this chapter shall not affect
the validity of the remaining provisions.
