The purpose of this article is to regulate and control security alarm systems with external signaling means to alert the proper authorities, whether directly or indirectly.
As used in this article, the following terms shall have the meanings indicated:
Activation of a security alarm resulting in a response by the Lanesborough Police Department where, after investigation, there is no actual or threatened criminal activity, emergency or harm to person or property. False alarms include, but are not limited to, a security alarm activated by a mechanical failure, children, animals, a malfunction due to improper installation, negligence, or human error. Activation of a security alarm shall not be considered a false alarm when it is caused by a power outage, earthquake, damage to a building, or severe weather conditions.
A signaling device that emits a local audible, or visual signal indicating an alarm has been activated and/or transmits a remote or electronic signal indicating an alarm has been activated and is intended to, or is reasonably calculated to, summon the Lanesborough Police Department, including, but not limited to, so called "burglar alarms," "holdup alarms" and "panic alarms."
A security alarm signaling device that only emits a local audible or visual signal indicating an alarm has been activated and has no external communication shall be exempt from the provisions of this article.
Motor vehicle alarms and alarms on governmental buildings shall be exempt from the provisions of this article.
A permit issued by the Police Department allowing the operation of an alarm system within the Town.
A.
No person shall use a security alarm system with external signaling means to alert the proper authorities, whether directly or indirectly, without first obtaining a permit for such alarm system from the Police Department. The fee for such permit, and any modifications or upgrades, shall be set from time to time by the Select Board. Each security alarm permit shall be assigned a permit number for the user.
B.
When the possession or ownership of the structure where such security alarm system is transferred, the new owner obtaining possession of the property shall file an application for an alarm permit within 30 days of obtaining possession of the property. Security alarm permits are not transferable.
C.
The security alarm permit holder must report updated contact information to the Police Department within 30 days of the change.
D.
If a security alarm user has one or more alarm systems protecting two or more separate structures having different addresses and/or tenants or lessees, separate permits are required for each structure and/or tenant.
E.
The fine for a person's failure to register a security alarm with the Police Department shall be $100.
It is the duty of security alarm system owners to:
A.
Maintain the premises and the security alarm system(s) in a method that will reduce or eliminate false alarms.
B.
Provide and maintain the security alarm monitoring company information and the permit information to the Police Department.
C.
When notified by the Lanesborough Police Department or alarm monitoring company of an alarm: to respond or have a representative respond to the security alarm system location within a reasonable amount of time.
D.
Not manually activate a security alarm for any reason other than an occurrence of an event that the security alarm system was intended to report.
E.
Ninety days after this bylaw becomes effective, all security alarm installation companies shall, on all new and upgraded installations, use only security alarm panels that meet SIA Control Panel Standard CP-01.
F.
Ensure that the security alarm company has current contact information for the user to ensure that appropriate contact is made in the event of an emergency.
Whenever a security alarm is activated in any manner with the result that there is a response to the location of the security alarm by the Lanesborough Police Department, a record of the security alarm response shall be made and kept by the Lanesborough Police Department, and notice shall be posted at the property within two days. If such alarm is a false alarm, the notice shall so specify.
A.
It shall be in violation of this bylaw to activate a security alarm for the purpose of summoning law enforcement when no crime is being committed or attempted on the premises.
B.
It shall be unlawful for a false alarm to occur more than three times in a calendar year.
C.
Fines.
(1)
Beginning with the fourth false alarm in a calendar year, the owner, tenant or responsible person in control of such premises shall pay a fine of $50 per subsequent occurrence to the Town of Lanesborough.
(2)
Starting with the fifth false alarm and up to and including the ninth false alarm in a calendar year, the owner, tenant or responsible person in control of such premises shall pay a fine of $100 per false alarm occurrence. Starting with the 10th false alarm in a calendar year, the fine shall be $200 per false alarm occurrence.
D.
Notice of such fine shall be posted at the premises or mailed to the owner, tenant or responsible person in control of such premises within two days. The fine shall be paid to the Town of Lanesborough within 30 days of notice. After 30 days, interest shall accrue at the maximum statutory rate as provided for in G.L. c. 40, § 21E under the provisions of G.L. c. 59, § 57.
A.
Any audible security alarm installed after the effective date of this bylaw shall be equipped with an automatic shut-off device that shall shut off the audible component of the alarm within 30 minutes of activation. Within six months of the effective date of this bylaw, all installed security alarms will be so equipped.
B.
In the event of a response by the Lanesborough Police Department to a security alarm in violation of this section, the owner, tenant or responsible person in control of such premises shall pay a fine of $50 to the Town of Lanesborough.
C.
Notice of such violation and fine shall be posted at the premises or mailed to the owner or person in control of such premises within two days, and, if the violation is not corrected within 30 days of said notice, each day thereafter shall be deemed a separate violation, until such security alarm is brought into compliance.
Assessments of fees or penalties may be appealed in writing to the Chief of Police by filing a written notice of appeal. Upon receipt of an appeal, the Chief of Police or his designee(s) shall hold a hearing on the fees or penalties imposed and reverse, affirm or modify the imposed fees and penalties. A written decision on the appeal shall issue within 20 days.
The Town recognizes that it is subject to the requirements of the Public Records Law, G.L. c. 66, § 10. However, in the interests of public safety, it is the intention of the Town, to the extent permitted by law, to maintain confidentially personal information and infrastructure information regarding security alarms, including, but not limited to, that information specifically identifying the location, operations or other proprietary information contained in the information it receives.