[HISTORY: Adopted by the Town Meeting of the Town of Middleborough
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
False alarms have a deleterious effect on the local law enforcement
effort. They are costly and disruptive. Costly in the sense of the
deployment of our people to non-bona fide calls; detrimental by subjecting
our personnel and equipment to injury or other negative impacts when
responding. They cause a drain on the allocation or personnel to designated
areas by leaving certain other areas of the Town vulnerable. This
is a situation that must be met, modified and dealt with in a manner
consistent with the efficient and effective running of the Middleborough
Police Department by specific means as set forth herein.
As used in this bylaw, the following terms shall have the meanings
indicated:
An assembly of equipment and devices or a single device, such as a solid-state unit, arranged to signal the presence of a hazard requiring urgent attention to which police are expected to respond. 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, unless monitored by the department. The provisions of § 104-3 of this bylaw shall apply to all users.
An alarm system which automatically sends, over regular telephone
lines, by direct connection or otherwise, a prerecorded voice or coded
signal, indicating the existence of the emergency situation that the
alarm system is designated to detect.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, or negligence of the user of an
alarm system or his employees or agents.
Any signal or automatic dialing device transmitted to the Middleborough
Police Department requesting or requiring or resulting in a response
on the part of the Middleborough Police Department, when in fact there
has been no unauthorized intrusion, robbery or burglary, or attempted
threat.
For the purpose of this definition, activation of alarm systems
by acts of nature, including but not limit to power outages, hurricanes,
tornadoes, earthquakes and similar weather or atmospheric disturbances,
shall not be deemed to be a false alarm.
A.
Every alarm user shall submit to the Police Chief the names and telephone
numbers of at least two other persons, in addition to the user, who
are authorized to respond, after notification by the Police Department,
to an emergency signal transmitted by an alarm system, and who can
open the premises wherein the alarm system is installed. It shall
be incumbent upon the owner of said premises to immediately notify
the Police Department of any changes in the list of authorized employees
or other persons to respond to alarms.
B.
All alarm systems installed after the effective date of this bylaw
which are an audible horn or bell shall be equipped with a device
that will shut off such bell or horn within 15 minutes after activation
of the alarm system. All existing alarm systems in the Town of Middleborough
must have a shut-off device installed within six months after passage
of this bylaw.
C.
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 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. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police Department 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 complaints and the time each complaint was made.
D.
The provisions of this bylaw shall not apply to alarm devices or
premises owned or controlled by the Town, nor to alarm devices installed
in a motor vehicle or trailer.
A.
The user shall be assessed $25 as a false alarm service fee for each
false alarm in excess of three occurring in a calendar year; $35 in
excess of four occurring in a calendar year; and $50 in excess of
five occurring in a calendar year. The Police Chief shall notify the
alarm user of such violations, either by certified mail or by service
in hand by a police officer. Said user shall submit payment within
15 days of said notice to the Police Department for deposit to the
general fund.
B.
The user of a system which occasions six or more false alarms within
a calendar year, or who fails to pay the fine(s) after said notice,
may be ordered to disconnect and otherwise discontinue the use of
same by the Police Chief.
C.
All other violations of this bylaw may be subject to a fine of not
more than $50 for each offense.
[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
False fire alarms have a deleterious effect on local fire protection
efforts. They cause unnecessary deployment of Fire Department personnel
and equipment and related unnecessary expense. They subject Fire Department
personnel and equipment to potential injury and other negative impacts
when responding to false fire alarms. The deployment of personnel
and equipment in response to a false fire alarm exposes other areas
of the Town to greater fire hazards. This bylaw is intended to deter
record owners of buildings which are equipped with an alarm system
from allowing false alarms from occurring so as to enhance the efficient
operation of the Fire Department.
As used in this bylaw, the following terms shall have the meanings
indicated:
An assembly of equipment and devices or a single device,
such as a solid-state unit, arranged to signal or indicate the presence
or existence of a fire requiring urgent attention to which Fire Department
personnel are expected to respond.
Activation of an alarm system which produces a signal or
indication received by the Fire Department or a communication from
a licensed central monitoring station to the Fire Department, which
signal, indication or communication indicates the presence or existence
of a fire at a specific building in which the alarm system is located
and which results in deployment of Fire Department personnel to the
specific building, when in fact there was or is no fire at the specific
building. Receipt by the Fire Department of such a signal, indication
or communication which indicates the presence or existence of a fire
at a specific building and which results in deployment of Fire Department
personnel to the specific building shall not be a false alarm for
purposes of this bylaw if such activation or communication was caused
by or arose from acts of nature, including but not limited to power
outages, storms, lightning, earthquakes or other weather events or
atmospheric disturbances.
The record owner of a building which is equipped with an alarm
system shall maintain the alarm system so as to prevent a false alarm
from occurring with respect to the building's alarm system. The record
owner of a building which is equipped with an alarm system shall take
reasonable action to prevent a false alarm from occurring with respect
to the building's alarm system.
The record owner of a building which is equipped with an alarm
system shall violate this bylaw if a false alarm in excess of three
false alarms occurs during a calendar year with respect to such building
and alarm system.
The Fire Chief shall give notice in writing to the record owner
who is subject to a false alarm violation. The record owner shall
pay the false alarm fine to the Town of Middleborough within 15 days
after the Fire Chief gives such notice.
