The purpose of this chapter is to provide minimum standards
and regulations for the use of privately installed emergency alarm
systems, to establish permit and registration procedures, establish
a system of administration, and establish fees and penalties for violations.
The provisions of this chapter shall apply to any person who operates,
maintains or owns any alarm system in the Town of Newton.
As used in this chapter:
ALARM SYSTEM
The installation in one or more buildings, residential or
otherwise, of one or more alarms to provide visual or audible warnings,
or both, of an emergency, such as unauthorized intrusion, fire, smoke,
flood or similar hazard requiring urgent attention, which are intended
to summon law enforcement response. "Alarm system" shall not include:
A.
An alarm installed on or in a vehicle, unless the vehicle is
permanently located at a site.
B.
An alarm designed to alert only the inhabitants of a single-family
residential premises or residential unit and not designed to be seen,
heard or communicated to a third person outside of the particular
premises or unit.
C.
Medical alert systems and/or devices for individual use.
CHIEF
The Chief of Police of the Town of Newton or his or her designee.
DIAL ALARM
Alarm equipment that employs an automatic dialing system
programmed to connect with the police headquarters telephone and emit
a prerecorded voice message. Such dial alarms are not permitted in
the Town.
FALSE ALARM
An alarm actuated for which there is no evidence of an attempted
unauthorized entry or for which there exists evidence of an equipment
failure or evidence of inadvertence on the part of any permittee,
agents, servants and employees requiring a response by police, fire
or other municipal agency. False alarms shall include actuations caused
by malfunctioning of the alarm or other relevant equipment but shall
not include alarm actuations caused by natural forces or other extraordinary
circumstances not subject to control by the permittee.
OCCUPANT
A person in possession of premises in or upon which an alarm
system has been installed.
PERMITTEE
A person to which a permit has been issued to install, operate
or maintain an alarm system.
PERSON
An individual, corporation, partnership, association, organization
or similar entity.
The Chief shall issue a permit for an alarm system unless the
Chief concludes that the system covered by the application does not
meet the applicable standards of this chapter. Whenever the Chief
shall refuse to issue a permit, he shall advise the applicant, in
writing, of the reason(s) for refusal.
All permits for alarm systems shall be issued upon the following
terms and conditions:
A. A permit shall be issued for each separate improved property, building
and/or facility, and no permit shall be transferred or assigned in
any manner.
B. Every permittee shall be subject to the rules and standards set forth
in this chapter.
C. If an alarm system is disconnected, the permittee shall give written
notice to the Police Department within seven calendar days of such
disconnection. Any permittee who fails to give the notice required
under this subchapter shall be subject to the penalties contained
herein.
Any permit issued for an alarm system may be suspended by the
Chief if it appears that:
A. The permittee has failed to comply with the terms and conditions
of the permit or has failed to comply with rules or standards promulgated
by the Chief concerning alarm systems, including failure to pay fines
or fees assessed pursuant to this chapter.
B. The permittee or his agents knowingly installed or maintains a faulty
alarm system.
C. A false material statement was submitted with alarm registration.
D. The permittee or his agents failed to comply with a request by the
Chief to render necessary services to a faulty alarm system within
36 hours after such request was made or failed to disconnect such
alarm system that has not been repaired. Five false alarms within
any calendar year shall constitute prima facie evidence that an alarm
system is faulty.
E. In the event that the Chief shall determine that a permit for an
alarm system shall be suspended by reason of the provisions of this
subsection, the Chief shall notify the permittee of the suspension,
in writing, by certified mail, to the last known address setting forth
the reason or reasons for the suspension.
F. A suspension shall be terminated by the Chief when he is satisfied
that the conditions stated in the notice of suspension have been corrected.
Any unauthorized alarm system or equipment may be disconnected
by Town personnel for noncompliance with this chapter, and any person
installing or maintaining an unauthorized alarm system equipment shall
be prosecuted for violation of this chapter, and each day such equipment
is in operation shall be considered a separate violation.
Any person aggrieved by the action of the Chief in the denial
or suspension of a permit for an alarm system shall have the right
of appeal to the Town Manager. The appeal shall be taken by filing
with the Town Manager, within 15 calendar days after the notice of
action complaint has been mailed to the person's last known address,
a written statement setting forth fully the grounds for appeal. The
Town Manager shall set a time and place for hearing of the appeal
and notice of the hearing shall be given to the appellant by certified
mail to his last known address at least five calendar days prior to
the date set for hearing. The decisions of the Town Manager and the
reasons therefor shall be set forth in writing by the Town Manager
within 15 calendar days of the hearing.
Neither the Town nor the Police Department shall assume any
responsibility whatsoever with respect to the adequacy, operation
or maintenance of any alarm system. No action taken by the Town or
the Police Department pursuant to the provisions of this chapter,
including disconnection of alarms, shall create any liability upon
the Town or the Police Department by reason of any failure of any
alarm system, any failure to respond to any emergency or any act or
omission relating to any alarm system.
By installing an alarm system and registering same with the
Town, each alarm user agrees to indemnify and hold harmless the Town,
its agents, servants and employees from and against all claims, suits,
damages, costs, losses and expenses and to release the Town, its agents,
servants and employees from any and all liability or damages in any
way resulting from or arising out of or connected with the installation,
operation or maintenance of the alarm system or any act or omission
connected therewith.
The Chief may from time to time promulgate written rules and
regulations supplementing this chapter to provide for recordkeeping
and efficient management of the system, provided that no such rules
and regulations shall be effective until the Town Council shall first
approve such rules and regulations, or any amendments thereto, by
appropriate resolution.
Any person found guilty in the Municipal Court of the Town for violation of the terms of this chapter, other than for violating the terms of §
45-11, which provides specific penalties for violations thereof, shall be subject to a fine of not more than $2,000 or imprisonment for a period not exceeding 90 days, or both. Responsibility for enforcement of the provisions of this chapter, including but not limited to fines, disconnections, summons and permit suspensions, shall be the Police Department, Construction Official or Fire Official.