[Added 4-1-2003 by Ord. No. 2003-8]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed 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 110-volt alternating
current line, arranged to signal the presence of a hazard requiring
urgent attention and to which police are expected to respond.
Any person on whose premises an alarm system is maintained
within the City, except for alarm systems on motor vehicles or proprietary
systems.
Any privately owned or operated facility or terminal responsible
for monitoring alarms and notifying police departments of alarm activation.
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.
A device that will shut off such alarm within 15 minutes
after activation.
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 City of Fall River, Massachusetts.
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 City's 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; or 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. The Police Chief or his designee shall be
responsible for the determination of whether an alarm is false.
The City's Police Chief or his designee.
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.
Anything which annoys, injures or endangers the comfort,
repose, health or safety of any person or of any community or neighborhood.
Any false alarm which sounds three or more times within an eight-hour
period or any alarm system emitting a continuous and uninterrupted
signal which cannot be shut off or otherwise curtailed shall be considered
a public nuisance.
A.
No person shall install or cause to be installed, use, or maintain
an alarm system on premises owned, rented, or leased without first
registering such alarm system with the Chief of Police.
B.
The owner of an alarm system shall be responsible for the proper
installation and maintenance of such alarm system in order to prevent
such alarm system from activating false alarms or from becoming a
public nuisance.
[Amended 9-2-2008 by Ord. No. 2008-47]
The owner of a burglar alarm system under Division 1 of this
article and/or the owner of a fire alarm system under Division 3 of
this article which sounds a false alarm more than once in any one
calendar year shall be fined $25; more than two times in any one calendar
year, $50; more than three times in any one calendar year, $75; more
than four times in any one calendar year, $100; and any subsequent
false alarm, $100.
A.
No automatic dialing device shall be interconnected to any telephone
numbers at the Police Department after the effective date of the ordinance
from which this article is derived.
B.
Within six months after the effective date of the ordinance from
which this article is derived, all automatic dialing devices interconnected
to any telephone numbers at the Police Department shall be disconnected
therefrom. The user of each such device shall be responsible for having
the device disconnected upon notification by the Police Chief or his
designee.
Any person using an automatic dialing device may have the device
interconnected to a telephone line transmitting directly to:
A.
All alarms must be authorized by the Chief of Police prior to being
connected to the City Police Department.
B.
In accordance with the normal practices in effect in the City, the
Chief of Police shall have the authority to request bids or proposals
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, except that no fee shall be assessed to the municipality
for any alarms or connections to the console from properties owned
by the municipality. Such services shall be set forth in the form
of a written contract between the alarm company and each alarm user.
The provisions of the subsection 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/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 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.
D.
The provisions of this chapter concerning false alarms shall apply
to all alarm users or persons having direct-connect systems, except
municipal, county and state agencies and religious organizations.
A.
All alarm systems directly connected to the police station 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.
B.
Any alarm system emitting a continuous and uninterrupted signal for
more than 15 minutes which cannot be shut off or otherwise curtailed
due to the absence or unavailability of the alarm user and which disturbs
the peace, comfort or repose of a community, or a neighborhood or
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 designee shall endeavor
to contact the alarm user, or members of the alarm user's family,
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.[1]
No alarm system designated to transmit emergency messages directly
to the Police Department shall be worked on, tested or demonstrated
without obtaining permission from the Police Chief or his designee.
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 through the police communications console, a central station, answering service, or other means 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 subsections, order that use of an alarm system be discontinued.
B.
After the Police Department has recorded one false alarm within the
calendar year from an alarm system, the police shall notify the alarm
user, in person, by telephone, or by mail of such fact and require
the 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 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 may extend the fifteen-day
period for a reasonable period. If the user fails to submit such a
report within 15 days or within any such extended period, the Police
Chief may 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 may 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.
E.
Any user of an alarm system which transmits false alarms shall be assessed a fine in accordance with § 22-33 for each false alarm in excess of one or more occurring within the calendar year. All fines assessed hereunder shall be paid to the Police Department for deposit in the general fund. Upon failure of the user of an alarm system to pay two consecutive fines assessed hereunder within 60 days of assessment, the Police Chief may 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 been assessed a fine for failure
to properly maintain said alarm may, within 30 days, request in writing,
a hearing before the Police Chief. The Police Chief or his designee
shall notify the alarm user of the date, time and place of said hearing.
The hearing officer shall consider the merits of the appeal and following
same shall affirm, vacate or modify said order for payment, due within
15 days of said hearing. Failure to request an appeal within 30 days
shall terminate the right to appeal.
The Police Chief may promulgate such rules as may be necessary
for the implementation of this article.
The provisions of this article shall not apply to:
A.
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.
B.
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"
and shall be subject to this chapter.
