[HISTORY: Adopted by the Town of Winchester as indicated
in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen effective 1-22-1989; amended effective 10-15-1990 (§ 151 of the prior compilation)]
It shall be the obligation of each and every owner of property
which contains a private fire alarm system to maintain said system
in good working order.
In the event the Town of Winchester Fire Department receives
three alarms from any property within six months, which alarms are
not the result of an actual fire nor of a manual activation of the
alarm, it shall be deemed that said alarm system is not in good working
order.
After the first three alarms set forth in § 169-2, the owner shall be liable for a fine of $100 per alarm for each subsequent alarm which is not the result of an actual fire nor of a manual activation of the alarm.
This article shall not apply to the fire alarms on property
owned or leased by the Town of Winchester or the school facilities
and school buildings within the Town of Winchester.
[Adopted by the Board of Selectmen 10-1-1990 (§ 154 of the prior compilation)]
As used in this article, the following terms shall have the
meanings indicated:
Any mechanism, equipment or device designed to transmit an
audible siren, horn or bell to the exterior of a dwelling or other
building.
An alarm signaling an entry or attempted entry into the area
protected by the system.
Any mechanism, equipment or device designed to transmit a
signal of a fire to fire-fighting authorities.
Any mechanism, equipment or device designed to transmit to
others, including, but not limited to, private alarm services, notice
of intrusion or other emergency.
Any mechanism, equipment or device which is designed to be
operated automatically through the use of public telephone facilities
to transmit a signal, message or warning to another location.
No person shall operate or maintain a telephonic alarm system,
burglar alarm, or a private alarm system which automatically or through
a third party transmits a signal, message or warning to the Town of
Winchester Police Department or Fire Department telephone line or
other emergency line without first obtaining a permit as required
by this article.
Applications for permits to install, maintain or operate a telephonic
alarm system, burglar alarm or private alarm system which is intended
to automatically or through a third party transmit a signal, message
or warning to the Town Police Department or Fire Department telephone
line or other emergency line shall be filed with the Chief of Police
on forms supplied by the Town of Winchester, together with an application
fee in an amount set from time to time by the Board of Selectmen.
Said application shall set forth the name, address and telephone number
of both the installer of the system and the person on whose premises
the system will be installed, as well as a description of the system
and the location where it is proposed to be installed.
A.
The Chief of Police may approve such application if he finds among
other things that:
(1)
The use of said alarm system to transmit a signal, message or warning
to a designated Town Police Department or Fire Department telephone
line or other emergency line will not interfere with the orderly conduct
of Town business.
(2)
The person and/or company installing the system maintains an adequate
service organization to repair, maintain and otherwise service telephonic
alarm systems, burglar systems or private alarm systems sold or leased
by him and/or it.
B.
The Chief of Police shall have the authority and is hereby empowered
to impose reasonable conditions on the exercise of said permit.
The Chief of Police or designee shall have the right to inspect
any telephonic alarm system, burglar alarm system or private alarm
system on the premises where it is intended to function prior to issuance
of any permit for its operation, and he may cause an inspection of
such system to be made at any time after issuance of a permit to determine
whether it is being used in conformity with the terms of the permit
and the provisions of this article.
A.
It shall be unlawful for any person, firm or corporation to install,
operate or maintain a telephonic alarm system or private alarm system
which automatically transmits a signal, message or warning to any
Town Police Department or Fire Department telephone line or other
emergency line except to such telephone number or numbers as designated
by the permit issued under provisions of this article.
B.
Telephone dialers will be prohibited in any new systems. Preexisting
dialers must not send more than two signals to the receiving center
for notice of alarm.
Alarms installed after the effective date of this article must
contain an automatic timing device to shut down after 30 minutes.
Existing systems must provide a key holder or an outside shut off.
The Chief of Police may revoke any permit issued pursuant to the provisions of this article. Notice to the permit holder of intent to revoke said permit shall be by registered or certified mail. The permit holder shall be entitled to a hearing before the Chief of Police within 15 days of the date of issuance of the notice of intent to revoke. If, after said hearing, the Chief of Police determines that the telephonic alarm system or private alarm system installed pursuant to said permit has been installed, maintained or operated in violation of the provisions of this article, or any term or condition of said permit, or for failure to pay the annual service fee specified in § 169-14, he may order said revocation.
Each permit holder shall pay to the Town of Winchester, on or
before June 30 of each year, a use fee in the amount set from time
to time by the Board of Selectmen.
Any person, firm or corporation having a burglar alarm, telephonic
system, private alarm system or any other type of intrusion alarm
shall be charged a fine of $50 after the third false alarm responded
to by the Police Department within a calendar year and $100 for each
false alarm so responded to thereafter within a calendar year. If
the possessor of the alarms shows to the satisfaction of the Chief
of Police that the false alarm was not the result of negligence or
improper maintenance, such fine may be waived.
Any person, firm or corporation violating any provision of this
article shall be fined $100 for each offense; and a separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
This article shall not apply to fire alarms or buildings owned
or leased by the Town of Winchester or to school facilities located
within the Town of Winchester.
