For the purpose of this bylaw the followings terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future; words used in the plural number include the singular
number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
ALARM SYSTEM
An assembly of equipment and devices, or 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 requiring urgent
attention and to which the Police and/or Fire Department is expected
to respond. Alarm systems on motor vehicles are specifically excluded
from the provisions of this bylaw.
ALARM USER or USER
Any person on whose premises an alarm system is maintained
within the Town. Excluded from this definition are:
A.
Municipal, county, state and federal agencies.
B.
Central station personnel.
C.
Persons who use alarm systems to alert or signal persons within
premises in which the alarm system is located of an attempted unauthorized
intrusion or holdup attempt. However, if such an alarm system employs
an audible signal or a flashing light outside the premises, the user
of such an alarm system shall be within the definition of "alarm user"
and shall be subject to this bylaw.
CENTRAL STATION
An office to which remote alarm and supervisory signal devices
are connected where operators supervise circuits or where guards are
maintained continuously to investigate signals.
CHIEF
The Chief of Police of Dudley or his designated representative
when dealing with unauthorized intrusions or attempted robberies or
burglaries. The term "Chief" means the Fire Chief of the Town of Dudley
or his designated representative when dealing with fire alarm issues.
DEPARTMENT
The Town of Dudley Police Department or the Town of Dudley
Fire Department or any authorized agent thereof.
FALSE ALARM
The activation of an alarm system through mechanical failure,
malfunction, improper installation, negligence of the user of an alarm
system or of his employees or agents, or a deliberate, malicious act,
or any signal or oral communication transmitted to the Police Department
and/or Fire Department when in fact there has been no unauthorized
intrusion or attempted unauthorized intrusion into a premises or no
attempted robbery or burglary at the premises or no actual fire or
smoke condition. Excluded from this definition are activations of
alarm systems caused by power outages, hurricanes, tornadoes, earthquakes
and similar conditions.
PUBLIC NUISANCE
Anything which annoys, injures, or endangers the comfort,
repose, health or safety of any person(s) or of any community or neighborhood.
The Police Chief and Fire Chief may jointly promulgate such
rules as may be necessary for the implementation of this bylaw.
No alarm system designed to transmit emergency messages directly
to the Police Department and Fire Department shall be worked on, tested
or demonstrated without obtaining permission from the Police Department
and Fire Department communications section. Permission is not required
to test or demonstrate alarm devices not transmitting emergency messages
directly to the Police Department or Fire Department. An unauthorized
test constitutes a false alarm.
[Amended 6-22-2020 by
Art. 11]
A. The following acts and omissions shall constitute violations of this
bylaw punishable by fines as herein provided:
(1) An
alarm user whose alarm system transmits or otherwise causes a false
alarm shall be fined for the first alarm by a written warning letter,
the second false alarm by a fine of $25 and for the third and subsequent
false alarm by a fine of $50 per false alarm.
(2) For
a false alarm as a result of a malicious act, the fine structure shall
be first alarm in a twelve-month period, written warning letter. Second
alarm in a twelve-month period, $50. Third alarm in a twelve-month
period, $100. Fourth and any subsequent alarm in a twelve-month period,
$500.
(3) Unregistered
or late registered false alarm: $25, with an additional $25 for each
month in noncompliance.
(4) Failure
to provide current list of responders: $25, with an additional $25
for each month in noncompliance.
(5) Failure
to install automatic shutoff device (intrusion or burglar alarm only):
$25, with an additional $25 for each month in noncompliance.
(6) Alarm
causing public nuisance: $50.
(7) Improper
testing of alarm systems: $25.
B. All fines are payable to the Town of Dudley and received by the Parking
Clerk.
If any clause, sentence, paragraph or part of this local bylaw
or the application thereof to any person or circumstances shall for
any reason be adjudged by a court to be invalid, such judgment shall
not affect, impair or invalidate the remainder and the application
thereof to other persons or circumstances but shall be confined in
its operation to the clause, sentence, paragraph or part thereof directly
involved in the controversy in which such judgment shall have been
rendered and to the person or circumstances involved. It is hereby
declared to be the intent of the Town of Dudley that this enactment
would have been adopted had such invalid provisions not been included
therein.