[HISTORY: Adopted by the Town Meeting of the Town of Sudbury
as indicated in article histories. Amendments noted where applicable.]
[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.
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.
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.
The Chief of Police of the Town of Sudbury or their designated
representative.
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.[1]
Any interruption of the peace, quiet, and good order of a
neighborhood or community, particularly by unnecessary and distracting
noises.
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.
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.
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.
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.
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.
The Town of Sudbury Police Department or any authorized agent
thereof.
Anything which annoys, injures or endangers the comfort,
repose, health or safety of any considerable number of persons or
of any community or neighborhood.
The Town of Sudbury.
[1]
Editor's Note: The definition of "direct connect," which immediately
followed, was repealed 10-23-2023 STM by Art. 2.
A.
The Chief of Police may promulgate such rules as may be necessary
for the implementation of this bylaw.
B.
Alarms signaling the presence of medical emergencies may, with prior
written approval of the Chief of Police, be connected to the alarm
console or received over the special telephone lines provided by the
alarm console contractor.[1]
[1]
Editor's Note: Original Sec. V(B)3, Direct Connection to the
Police Department, of the General Bylaws, which immediately followed
this subsection, was repealed 10-23-2023 STM by Art. 2.
B.
No automatic dialing device shall be connected to the Police Department
telephone lines after the effective date of this bylaw.
C.
Within three months of the effective date of this bylaw all automatic
dialing devices now interconnected to any Police Department telephone
lines shall be disconnected therefrom. The user of each such device
shall be responsible for having the device disconnected upon notification
by the Chief of Police.
A.
Control.
(1)
Every alarm user shall submit to the Chief of Police the names and
telephone numbers of at least two other persons who can be reached
at 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 system is installed.
(2)
All alarm systems shall be equipped with a device which will give
at least a ten-second audible signal prior to alarm system activation
in order to warn the alarm user of an open alarm circuit.
(3)
Within six months of the effective date of these regulations, all
alarm systems which use an audible horn or bell shall be equipped
with a device which will shut off such horn or bell 15 minutes after
activation of the alarm system.
(4)
All alarm systems installed after the effective date of these regulations
which use an audible horn or bell shall be equipped with a device
that will shut off such horn or bell within 15 minutes after activation
of the alarm system.
(5)
Any alarm system emitting a continuous uninterrupted signal for more than one hour which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by them under Subsection A(1) of this section, and which interrupts the peace, comfort or repose of a neighborhood or of inhabitants of the area where the alarm system is located shall constitute a disturbance of the peace. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Chief of Police 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(1) of this section in an effort to abate the disturbance. The Chief of Police shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
B.
Curtailment.
(1)
In the event that the Chief of Police is unable to contact the alarm
user, or members of the alarm user's family, or those persons designated
by the alarm user under § 109-5A(1) of this article, or
if the aforesaid persons cannot or will not curtail the audible signal
being emitted by the alarm system, and if the Chief of Police is otherwise
unable to abate the nuisance, they may direct a police officer 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)
If entry upon property outside the home or building in which the
alarm system is located is made in accordance with this section, the
person so entering upon such property shall not conduct, engage in,
or undertake any search, seizure, inspection or investigation while
they are upon the property, shall not cause any unnecessary damage
to the alarm system or to any part of the home or building and shall
leave the property immediately after the audible signal has ceased.
After an entry upon property has been made in accordance with this
section, the Chief of Police shall have the property secured, if necessary.
The reasonable costs and expense of abating a disturbance in accordance
with this section may be assessed to the alarm user. In addition to
reasonable costs and expenses, the alarm user shall be subject to
a penalty of $50.
(3)
Within 10 days after abatement of a disturbance in accordance with
this section, the alarm user may request a hearing before the Select
Board and may present evidence showing that the signal emitted by
their alarm system did not constitute a disturbance of the peace at
the time of abatement; that unnecessary damage was caused to their
property in the course of the abatement; that the costs of the abatement
should not be assessed to them; or that the requirements of this section
were not fulfilled. The Select Board shall hear all interested parties
and may, in its discretion, reimburse the alarm user for the repairs
to their property necessitated by the abatement, or excuse the alarm
user from paying the costs of the abatement.[1]
[1]
Editor's Note: Original Sec. V(B)5C, Testing of Equipment,
of the General Bylaws, which immediately followed this subsection,
was repealed 10-23-2023 STM by Art. 2.
A.
After the Police Department has recorded three separate false alarms
within a twelve-month period from an alarm system, the Chief of Police
shall notify the alarm user, in writing and by certified mail, of
such fact and require the said user to submit, within 15 days after
receipt of such notice, a report describing efforts to discover and
eliminate the cause or causes of the false alarms. If the said user,
because of absence from the Town or on any other reasonable basis,
requests an extension of the time for filing the report, the Chief
of Police may extend the 15 days for a reasonable period. If the said
user fails to submit such a report within 15 days or within any such
extended period, the Chief of Police shall order that use of the alarm
system be discontinued. Any such discontinuance shall be effectuated
within 15 days from the Chief of Police's order.
B.
In the event that the Chief of Police determines that a report submitted
is unsatisfactory, or that the alarm user has failed to show by the
report that they have taken or will take reasonable steps to eliminate
or reduce false alarms, then the Chief of Police shall order that
use of the alarm system be discontinued. Any such discontinuance shall
be effectuated within 15 days from the date of receipt of the Chief
of Police's order.
C.
Any user of an alarm system which transmits false alarms shall be
assessed a fine of $35 for a third false alarm occurring within a
calendar year, $50 for a fourth false alarm occurring within a calendar
year, and $100 for a fifth and all subsequent false alarms occurring
during a calendar year. All fines assessed hereunder shall be paid
to the Town Treasurer-Collector for deposit in the general fund. Upon
failure of the user of an alarm system to pay two consecutive fines
assessed hereunder within 60 days of assessment, the Police Chief
shall order that the user discontinue use of the alarm system. Any
such discontinuance shall be effectuated within 15 days from the date
of receipt of the Police Chief's order.
[Amended 10-23-2023 STM
by Art. 2]
D.
Any user of an alarm system who has, in accordance with this section,
been ordered by the Police Chief to discontinue use of an alarm system
may appeal the order of discontinuance to the Select Board. Notice
of an appeal shall be filed with the Select Board within 10 days of
the date of the order of discontinuance. Thereafter, the Select Board
shall consider the merits of the appeal and, in connection therewith,
shall hear evidence presented by all interested persons. After hearing
such evidence, the Select Board may affirm, vacate or modify the order
of discontinuance.
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.
[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:
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.
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.
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.
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.
The Chief of the Sudbury Fire Department.
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.
B.
Every master box owner whose fire alarm system is connected after
the date of adoption of this bylaw to the SFD by way of a master box
shall pay the following fees:
C.
Requirements prior to connection by master box owner.
(1)
Before any fire alarm system is connected to the SFD, the master box owner shall install a key box providing the SFD access as required and specified in § 109-14, and provide the Fire Chief with the following information:
(a)
The name, address, and home and work telephone numbers of the
master box owner and other persons or businesses protected.
(b)
The street address where the master box is located.
(c)
The names, addresses and home and work telephone numbers of
at least two persons other than the owner who can be contacted 24
hours a day, who are authorized by the master box owner to respond
to an alarm signal and who have access to the premises in which the
master box is located.
(d)
The insurance carrier (with a copy of the insurance policy)
for the building.
(e)
Such other information as the Fire Chief may require.
(2)
If, as of the date of adoption of the bylaw, a fire alarm system
has already been connected to the SFD by way of a master box, the
master box owner shall comply with the requirements of this section
within 60 days after the SFD has sent them notice by certified mail,
return receipt requested, of the requirements of this section.
(3)
If a master box owner fails to comply with this section, the Fire
Chief may assess a penalty of $50 for each day of noncompliance.
A.
Every central station operating company or other entity which makes
a direct connection after the date of adoption of this bylaw to the
SFD shall pay the following fees:
B.
Requirements prior to connection by central station operating company.
(1)
Before any central station operating company is connected to the
SFD, it shall provide the Fire Chief with the following information:
(a)
The name, address, and telephone numbers of the central station
operating company.
(b)
The names, addresses and home and work telephone numbers of
a least two persons who can be contacted 24 hours a day, who are authorized
by the central station operating company to respond to an alarm signal
and who have access to the premises emitting the alarm signal to the
central station operating company.
(c)
The name, address, home and work telephone numbers, and location
of the premises of each customer of the central station operating
company who has a fire alarm system equipped to send a fire alarm
signal to the central station operating company.
(d)
The insurance carrier (with a copy of the insurance policy)
for the company.
(e)
Such other information as the Fire Chief may require.
(2)
If, as of the date of adoption of the bylaw, a central station operating
company already has a direct connection to the SFD, the central station
operating company shall comply with the requirements of this section
within 60 days after the SFD has sent it notice by certified mail,
return receipt requested, of the requirements of this section.
(3)
If 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.
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.
A.
If there is a fire alarm system malfunction, the Fire Chief may assess
a penalty against a fire alarm system owner for each malfunction occurring
during any fiscal year according to the following schedule:
(1)
First through third malfunction: no charge. Upon recording of the
third false alarm by the SFD, the Fire Chief shall notify the owner
of the building, in writing and by certified mail, of such fact, and
at this time inform the owner of the Department's policy with regard
to charging for false alarms.
(2)
Fourth through sixth malfunction: $100.
(3)
Seventh through 11th malfunction: $200.
(4)
Each malfunction after the 11th: $300.
B.
Private fire alarm systems connected to the Sudbury Fire Department by other automatic means or through a central station system shall also be subject to the schedule of penalties set forth in Subsection A of this section.
C.
Any false fire alarm which is the result of the failure of the property owner, occupant or its agents to notify the Sudbury Fire Department of repair, maintenance or testing of an internal fire alarm system within the protected premises shall cause a penalty to be assessed in accordance with the schedule of penalties set forth in Subsection A of this section.
D.
For the purposes of this bylaw, a "false fire alarm" shall be defined
as follows:
(1)
The operation of a faulty smoke or heat detection device.
(2)
Faulty control panel or associated equipment.
(3)
A water pressure surge in automatic sprinkler equipment.
(4)
Accidental operation of an automatic sprinkler system.
(5)
An action by an employee of the owner or occupant of the protected
premises or a contractor employed by the owner or the occupant, causing
accidental activation of an internal fire alarm system.
E.
Property owners will be billed once a month for the malfunction activity
occurring during the previous month.
F.
If any bill is not paid within 30 days of issuance, written notice
will be sent; if the bill is not paid after a second thirty-day period,
a final notice will be sent, informing the owner and/or occupant that
the master box will be disconnected and their insurance company notified.
[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.
A.
Any building, other than a residential building of less than six
units, which has an alarm system or other fire protection system shall
be provided with a secure key box installed in a location accessible
to the SFD in case of emergency. This key box shall contain keys to
the structure served by the alarm system, keys to the fire alarm control
panels and other keys necessary to operate or service fire protection
systems. In addition, if required by the Fire Chief, a lock box, sufficient
in size, shall be obtained and shall contain a list and material safety
data sheets for hazardous substances present on the site in significant
quantities. As used herein, the phrases "hazardous substances" and
"significant quantities" shall be as defined by applicable Town, Commonwealth
of Massachusetts and federal laws and regulations governing the storage
of these substances.
B.
The key box and/or lock box shall be of a type approved by the Fire
Chief and compatible with the key box system presently in use. The
key box and/or lock box shall be located and installed as approved
by the Fire Chief.
C.
No permit for a fire alarm system will be issued until the permit
applicant has placed an order for a key box/lock box as specified
above.
D.
Any building owner violating this section of this bylaw after receiving
due notice by the SFD shall be subject to 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.
