[HISTORY: Adopted by the Town Meeting of the Town of Milton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 6, § 39, of the 3-10-1934 General Bylaws]
It is determined that the number of false alarms being made
to the Police Department hinder the efficiency and lowers department
morale. This situation constitutes a danger to the general public,
homeowners, businesses and the police. The adoption of this bylaw
will reduce the number of false alarms and promote the responsible
use of alarm devices in the Town of Milton.
Refers to an alarm system which automatically send over regular
telephone lines, by direct connection or otherwise, a prerecorded
voice message or coded signal indicating the existence of the emergency
situation that the alarm system is designed to detect.
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 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 premise or an attempted robbery at a premise are specifically excluded from the provisions of this by-law. The provisions of § 100-4 of this bylaw shall apply to all users.
(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 Police Department requesting or
requiring or resulting in a response on the part of the Police Department
when in fact there has been no unauthorized intrusion, robbery or
burglary, or attempted threat. For the purposes of this definition,
activation of alarm systems by acts of God, including but not limited
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 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 Milton 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 by-law
which use 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 Milton
must have a shut-off device installed within six months of passage
of this by-law.
C.
Any alarm system emitting a continuous and uninterrupted signal for more than 15 minutes between 7:00 p.m. and 6:00 a.m. 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 members of the alarm user's family, 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 complainants and the time each complaint was made.
D.
No alarm system which is designed to transmit emergency messages
or signals of intrusion to the Police Department will be tested until
the Police Dispatcher has been notified.
E.
The provisions of this by-law shall not apply to alarm devices on
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 within a calendar year. The
Police Chief shall notify the alarm user either by certified mail
or by service in hand by a police officer of such violation and said
user shall submit payment within 15 days of said notice to the Town
Treasurer for deposit to the General Fund.
B.
The owner of a system which occasions six or more false alarms within
a calendar year or fails to pay the fine after said notice may be
ordered to disconnect and otherwise discontinue the use of the same
by the Select Board after a public hearing.
[Adopted as Ch. 17 of the 3-10-1934 General Bylaws]
For the purposes of this article the following terms shall have
the following meanings:
A situation in which a threat to life, limb, health or property
in fact exists, or a situation in which the person requesting or requiring
a response on the a part of the Milton Fire Department has reasonable
cause to believe such a threat exists.
The Chief of the Milton Fire Department, the senior fire
officer in charge of said department, or the designee of said Chief
or senior officer.
The activation of a fire alarm system by an agency other than
a bona fide hazard or emergency of a type which the system is designed
to warn against. For the purposes of this definition, activation of
a fire alarm system by acts of vandals, by acts of God, including,
but not limited to, hurricanes, tornadoes, earthquakes and similar
weather or atmospheric disturbances or power failure shall not be
deemed to be a false alarm. For the purposes of this definition, a
vandal is defined as a trespasser and does not include the owner,
the owner's agents, and lawful occupants of the premises containing
the fire alarm system.
Any signal, telephonic or oral communication transmitted to
the Fire Department requesting, requiring, or resulting in a response
on the part of the Milton Fire Department to any premises or location
in the absence of any bona fide hazard or emergency.
An assembly of equipment and devices or a single device,
such as a solid state unit which plugs directly into an AC line, arranged
to signal the presence of a hazard or emergency requiring urgent attention
and to which the Milton Fire Department is expected to respond, including,
but not limited to, systems which monitor temperature, smoke, humidity
or any other conditions indicating a fire emergency.
The owner, occupant, or person in charge in charge of the premises
containing a fire alarm system, and their agents.
A person transmitting any signal, telephonic or oral communication
requesting, requiring, or resulting in a response on the part of the
Milton Fire Department to any premises or location.
A.
Every user shall submit to the Chief the names, addresses and telephone
numbers of the owner, occupant and person in charge of the premises,
and the names, addresses and telephone numbers of at least two other
persons who can be reached at any time during the day and night and
who are authorized to respond to an emergency signal transmitted by
a fire alarm system and who can open the premises wherein the fire
alarm system is installed. The names, addresses, and telephone numbers
of the responders must be kept current at all times by the user.
B.
All fire alarm systems employing an audible horn, siren, or bell
shall be equipped with a device that will shut off such horn, siren
or bell within 15 minutes after activation of the system or as the
Chief directs.
C.
All users must notify the Chief in advance of any testing of a fire
alarm system. Failure to notify the Chief in advance of such testing
shall constitute a false alarm.
A.
All existing fire alarm systems shall be registered with the Chief
within 30 days of the effective date of this article. All fire alarm
systems newly installed after the effective date of this article shall
be registered with the Chief within 14 days of the date of installation.
B.
Any user shall be required to obtain from the Chief a permit to install
or alter a fire alarm system. The Chief may require that a re-set
box be installed on the exterior of a building containing a fire alarm
system.
A.
Upon receipt of three or more false alarms from the same fire alarm
system or user within a calendar year, the Chief may, in writing,
order:
(1)
That the user discontinue the use of the fire alarm system.
(2)
That any direct connections to the Milton Fire Department be discontinued.
(3)
That any further connection to the Milton Fire Department be contingent
upon the user equipping the fire alarm system with a device that will
shut off any audible horn or bell within 15 minutes after activation
of the system or as the Chief directs.
B.
The user shall be assessed a false alarm service fee of $100 for
each false alarm in excess of three occurring within a calendar year.
The Chief shall notify the user by mail or by service in hand that
an alarm has been determined to be a false alarm, or that a false
alarm service fee has been assessed. All fees assessed hereunder shall
be paid within 15 days of said notice to the Town Treasurer and Collector
for deposit in the general fund, unless said assessment is rescinded
by the Chief after review.
C.
Any user violating § 100-7B above after receiving from the Chief due notice of said violation, or violating a written order issued by the Chief under Subsection A of this section shall be subject to a fine of $50 per day for each day of violation. Each day of violation shall be considered a separate offense. Users of existing fire alarm systems will have six months after adoption of this article to bring their premises up to code.
D.
Any user receiving a written order under Subsection A of this section, or receiving a notification under Subsection B of this section, shall be entitled to a hearing for the purpose of reviewing the correctness of such order or notification. Said review hearing shall be conducted by the Chief upon a written request delivered to the Chief within seven days of receipt of such order or notification.
The provisions of this article shall not apply to fire alarm
systems on premises owned or controlled by the Town.
