[Adopted as Art. V(B) of the General Bylaws]
For the purpose of these rules and regulations, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not consistent 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.
AUTOMATIC DIALING DEVICE
Refers to an alarm system which automatically sends 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.
CENTRAL STATION
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise circuits or where
guards are maintained continuously to investigate signals.
CHIEF OF POLICE
The Chief of Police of the Town of Sudbury or their designated
representative.
COMMUNICATIONS CONSOLE
The instrumentation on an alarm console at the receiving
terminal of a signal line which, through either visual or audible
signals, indicates activation of an alarm system at a particular location
or which indicates line trouble.
DISTURBANCE OF THE PEACE
Any interruption of the peace, quiet, and good order of a
neighborhood or community, particularly by unnecessary and distracting
noises.
FALSE ALARM
A.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, or negligence of the user of an
alarm system or of their employees or agents.
B.
Any signal or oral communications 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 or attempted unauthorized intrusion into a premises and
no attempted robbery or burglary at a premises. Excluded from this
definition are activations of alarms systems caused by utility company
power outages, communications console problems, electrical storms
or other acts of nature beyond the control of the police alarm user.
INTERCONNECT
To connect an alarm system to a voice-grade telephone line
either directly or through a mechanical device that utilizes a standard
telephone for the purpose of using the telephone line to transmit
an emergency message upon the activation of the alarm system.
POLICE ALARM SYSTEM or 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 police are expected to respond. Systems which monitor
any other condition not directly related to the detection of an unauthorized
intrusion into a premises or an attempted robbery at a premises are
specifically excluded from the provisions of these rules and regulations
except as specifically noted below.
POLICE ALARM USER or USER
Any person on whose premises the alarm system is maintained
within the Town except for alarm systems on motor vehicles or proprietary
systems. Excluded from this definition and from the coverage of this
bylaw are persons who use alarm systems to alert or signal others
within the premises in which the alarm system is located of an attempted
unauthorized intrusion, or holdup attempt. If such a system, however,
employs an audible signal emitting sounds or a flashing light or beacon
designed to signal persons outside the premises, such system shall
be within the definition of "police alarm system," as that term is
used in the bylaw, and shall be subject to this bylaw.
PUBLIC NUISANCE
Anything which annoys, injures or endangers the comfort,
repose, health or safety of any considerable number of persons or
of any community or neighborhood.
TOWN
The Town of Sudbury.
The following acts and omissions shall constitute violations
of this bylaw punishable by a fine of $50:
A. Failure to obey an order of the Police Chief to discontinue use of
an alarm system, after exhaustion of the right to appeal.
B. Failure to disconnect an automatic dialing device from any telephone
numbers at the Police Department within six months after the effective
date of this bylaw.
C. Interconnection of an automatic dialing device to any numbers at
the Police Department after the effective date of this bylaw.
D. Failure to pay two consecutive fines assessed under this bylaw within
60 days of the date of assessment.
E. Failure to comply with the requirements of §
109-5, Control and curtailment of signals emitted by alarm systems.
[Adopted as Art. V(D) of the General Bylaws]
When used in this bylaw, unless a contrary intention clearly
appears, the following words shall have the following meanings:
CENTRAL STATION OPERATING COMPANY
A company equipped to receive a fire alarm signal from each
of its customers and which then transmits to the Sudbury Fire Department
(SFD) the location of any such alarm it receives.
FIRE ALARM MALFUNCTION
The transmittal of a fire alarm to a central station operating
company or directly to the SFD by way of master box, which alarm is
caused by improper installation of a fire alarm system, a mechanically
defective fire alarm system, lack of maintenance or some other reason
that causes a fire alarm to sound even though there is no actual fire
or situation that reasonably could evolve into a fire.
FIRE ALARM SYSTEM
Any heat-activated, smoke-activated, flame-energy-activated
or other such automatic device capable of transmitting a fire alarm
signal to either a central station operating company or directly to
the SFD by way of a master box.
FIRE ALARM SYSTEM OWNER
An individual or entity which owns the title to and/or has
on their business or residential premises a fire alarm system equipped
to send a fire alarm signal to a central station operating company
or directly to the SFD by way of a master box.
FIRE CHIEF
The Chief of the Sudbury Fire Department.
MASTER BOX OWNER
An individual or entity who has on their business or residential
premises a fire alarm system equipped to send a fire alarm signal
directly to the SFD by way of a master box.
Every master box owner and every central station operating company
shall be responsible for updating the information herein required
to be provided to the Fire Chief. If the information provided changes,
the master box owner and the central station operating company shall
provide the Fire Chief with the updated information and shall pay
the fee, if any, required by this bylaw. If a master box owner or
a central station operating company fails to comply with this section,
the Fire Chief may assess a penalty of $50 for each day of noncompliance.
[Amended 4-6-2009 ATM
by Art. 18]
Except as otherwise authorized by the Fire Chief, no fire alarm
system shall be equipped with a tape dialer or similar automatic telephone
device which will transmit an alarm message to any telephone lines
of the SFD. If, upon adoption of this bylaw, a fire alarm system is
equipped with such a tape dialer or similar automatic telephone device
without authorization, the fire alarm system owner shall have 60 days
from adoption of this bylaw to disconnect such tape dialer or similar
automatic telephone device. If a fire alarm system owner fails to
comply with this section, the Fire Chief may assess a penalty of $50
for each day of noncompliance.
Any fire alarm system owner who is aggrieved by an action taken
by the Fire Chief under this bylaw may, within 10 days of such action,
file an appeal, in writing, to the Select Board of the Town of Sudbury
(the "Board"). After public notice, the Board shall hold a hearing,
after which it shall issue a decision in which it may suspend, affirm,
annul, or modify the action taken by the Fire Chief giving its written
reasons therefor. The Board shall send its decision to the owner by
first class mail within 10 days of the hearing.
All fees and fines collected shall be paid to the Sudbury Fire
Department, which will forward all amounts collected to the Town Treasurer-Collector
for deposit in the general fund.
The provisions of this bylaw shall be deemed to be severable,
and if any of its provisions shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall
not affect or impair any of the remaining provisions.