[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:
ALARM SYSTEM
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.
AUTOMATIC DIALING DEVICE
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.
FALSE ALARMS
A.
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.
B.
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.
C.
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.
[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:
ALARM SYSTEM
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.
FALSE ALARM
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.
Violation of §
104-8 of this bylaw shall be punished by a fine of not more than $300 for each violation. Each such false alarm in excess of three false alarms during a calendar year shall be a separate violation under §
104-8.
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.