[HISTORY: Adopted by the Town Meeting of the Town of Dudley 5-18-1998 (Art. 36 of the 1952 General Bylaws). Amendments noted where applicable.]
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.
A. 
Every alarm user shall submit to the Police Chief the names, addresses and telephone numbers of the user and at least two other persons who can be reached any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system and who can open the premises wherein the alarm system is installed. The list of names, addresses and telephone numbers of the responders must be kept current at all times by the alarm user and shall be submitted during the first month of each fiscal year (July 1).
B. 
All alarm systems for unauthorized intrusion only, which use an audible bell or horn, shall be equipped with an automatic shutoff device which will deactivate the system within 15 minutes. All alarm users with an audible bell or horn must comply with this subsection within 90 days of the adoption of this bylaw.
C. 
Alarms used for fire detection and protection shall not be included in the previous subsection.
D. 
Any alarm which fails to comply with the above § 117-3B and emits a continuous and uninterrupted signal for more than 30 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 § 117-3A and which disturbs the peace, comfort or repose of a community or neighborhood of the area where the alarm system is located shall constitute a public nuisance. The Police Chief shall record the time each complaint was made.
(1) 
In the event that the Police Chief is unable to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under § 117-3A, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system and if the Police Chief is otherwise unable to abate the nuisance, he may direct a police officer or a firefighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance.
(2) 
After entry upon the property has been made in accordance with this section and the nuisance abated, the Police Chief shall have the property secured if necessary. The reasonable cost and expense of abating a nuisance in accordance to this section may be assessed to the alarm user and assessment not to exceed $50.
E. 
The Town of Dudley, the Dudley Police Department, the Dudley Fire Department or any agent or person acting on their behalf shall not be liable for any damages and loss as a result of an action after a nuisance alarm has been abated.
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.