[HISTORY: Adopted by the Town of Lunenburg as Art. IX, § 23, of the Town Bylaws. Amendments noted where applicable.]
This bylaw shall be known as the "Burglar Alarm System Bylaw." The purpose of the bylaw is to encourage alarm users and alarm businesses to maintain the operation reliability of their alarm systems, to reduce or eliminate false alarm dispatch requests, to establish a system of regulations and fees with respect to burglar alarm systems, and to provide for penalties for violations of this bylaw.
For the purposes of this bylaw, certain words and phrases shall be construed as set forth in this section, unless it is clear from the context that a different meaning is intended:
- ALARM SYSTEM
- A device or series of devices, including, but not limited to, systems interconnected with radio-frequency signals, which are designed to discourage crime by emitting or transmitting a remote or local audible, visual or electronic signal indication of an alarm condition. It may include 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 or intruder requiring urgent attention and to which police are expected to respond. This includes silent alarms warning of potential intruders or robbery.
- A. The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or his/her employees or agents. It shall include a signal or oral communication transmitted to the Police Department requesting, requiring or resulting in a response on the part of the Police Department when in fact there has been no unauthorized intrusion, robbery, burglary or attempted threat.
- B. For the purposes of this definition, activation of an alarm system caused by actual criminal offense, or with evidence of a criminal intent, or resulting solely from power outages or extreme weather conditions shall not be deemed to be a false alarm. An alarm dispatch request which is canceled by the alarm business or alarm user prior to the dispatch of the responding officer shall not be considered a false alarm.
An alarm user shall maintain the alarm site and the alarm system in a manner that will minimize or eliminate false alarm dispatches and make every reasonable effort to respond or cause a representative to respond to the alarm site when notified by the Town to deactivate a malfunctioning alarm system or to provide access to the alarm site. An alarm user shall not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.
If the alarm system business, user or installer is testing the system, it shall notify the Police Department prior to and at the end of such testing.
Every alarm user/owner shall submit to the Chief of Police and/or his designee the names and telephone numbers of his/her residence and place of employment and at least two other persons who are authorized to respond to an emergency signal transmitted by an alarm system and who can open or provide access to the premises wherein the alarm system is installed. The alarm user will be responsible to keep this information current and updated.
All alarm systems installed after the effective date of this bylaw which use an audible horn, siren or bell shall be equipped with a device that will shut off such horn, siren or bell within 15 minutes after activation of the alarm system.
Upon receipt of one to three or more false alarms within a calendar year, the Chief of Police or his/her designee may:
Neither the Town of Lunenburg nor any of its officers shall be under any obligation or duty to an alarm user, or to any person hereunder, by reason of this bylaw. The Town of Lunenburg specifically disclaims liability for any damages which may be caused by failure to respond to an alarm, take any action thereon or in relation thereto.
General provisions of this bylaw shall not apply to any:
Town governmental agency, the United States Governmental agencies or the Commonwealth of Massachusetts governmental agencies;
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 bylaw; or
Any alarm system installed on a vehicle unless the vehicle is permanently located at site.
Except as provided by law, the information furnished and secured pursuant to this bylaw shall be considered confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this bylaw.
The provisions of this bylaw are separable, and if any article, section or subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw.