[HISTORY: Adopted by the Town Meeting of the Town of Lakeville
as indicated in article histories. Amendments noted where applicable.]
For the purposes of this bylaw, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
When not inconsistent 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.
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
or a battery-powered unit, 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 premises or an attempted robbery
or at a premises are specifically excluded from the provisions of
this bylaw.
[Amended 5-8-2023 ATM
by Art. 12, AG approved 11-13-2023]
The activation of an alarm system through mechanical failure,
malfunction, improper installation or negligence of the user of an
alarm system or of his employees or agents;
Any signal or oral communication 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 attempt thereat. 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.
[Amended 5-8-2023 ATM
by Art. 12, AG approved 11-13-2023]
A.
After the effective date of this bylaw, an automatic dialing device
shall not be connected to the emergency or regular business lines
of the Police Department. A signal from an automatic dialing device
received at the police station shall terminate only on the line or
lines specifically designated for that purpose.
B.
Within six months after the effective date of this bylaw, all automatic
dialing devices interconnected to any unauthorized telephone numbers
at the Police Department shall be disconnected therefrom. The user
of each such device shall be responsible for having the device disconnected
upon notification by the Police Chief and/or his designee. Continued
use after notification shall constitute a nuisance and subject to
a fine hereinafter provided for.
A.
All alarm systems installed after the effective date of this bylaw
which use an audible horn, bell, siren or other audible device shall
be equipped with a device that will shut off such horn, bell, siren
or other audible device within 15 minutes after activation of the
alarm system.
B.
Any alarm system emitting a continuous and uninterrupted signal for more than 15 minutes 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 § 102-4 of this bylaw, and which disturbs the peace, comfort or repose of a community, a neighborhood or any of the 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 Chief and/or his designee shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under § 102-4 of this bylaw in an effort to abate the nuisance. The Police Chief and/or his designee shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
[1]
Editor's Note: Original Sec. C1, regarding submittal of authorized
persons to the Police Chief by alarm users, of the 1994 Bylaw Revision,
which immediately followed, was repealed 5-8-2023 ATM by Art. 12,
AG approved 11-13-2023.
Every business establishment within the Town of Lakeville, whether
alarmed or not, shall provide written notice to the Police Department
listing the names, addresses and telephone numbers of at least two
persons who may be reached day or night and who are authorized to
respond to an emergency which has caused the police to be dispatched
to said premises. Said notice shall be submitted the first month of
each year and shall be kept correct at all times, reflecting any changes
in authorized personnel. Owner-residents shall be excluded from this
provision.
A.
Any user of an alarm system which transmits false alarms shall be
assessed a fine of $10 for the first three false alarms occurring
within a calendar year. All alarms in excess of three occurring within
the calendar year shall be assessed at $25 for each false alarm. All
fines assessed hereunder shall be paid to the Town of Lakeville 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
immediately upon the date of receipt of the Police Chief's order.
[Amended 5-8-2023 ATM
by Art. 12, AG approved 11-13-2023]
B.
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.
[Amended 11-8-2021 STM
by Art. 9, AG approved 12-15-2021]
[Amended 11-8-2021 STM
by Art. 9, AG approved 12-15-2021]
The Select Board may, upon the recommendation of the Chief of
Police, make procedural rules and regulations regarding false alarms,
including increasing fines therefor, after a public hearing.
No alarm system designed to transmit emergency messages directly
to the Police Department shall be worked on, tested or demonstrated
without obtaining permission from the Police Chief. Permission is
not required to test or demonstrate alarm devices not transmitting
emergency messages directly to the Police Department. An unauthorized
test constitutes a false alarm.
A.
After the Police Department has recorded five separate false alarms
within the calendar year from an alarm system, the Police Chief shall
notify the alarm user, in person, by telephone, or by 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, on the
basis of absence from the Town or on any other reasonable basis, requests
an extension of time for filing the report, the Police Chief may extend
the fifteen-day period for a reasonable period. If the said user fails
to submit such a report within 15 days or within any such extended
period, the Police Chief 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 Police Chief's order.
B.
In the event that the Police Chief determines that a report submitted in accordance with § 102-8A is unsatisfactory, or that the alarm user has failed to show by the report that he has taken or will take reasonable steps to eliminate or reduce false alarms, then the Police Chief 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 Police Chief's order.
A.
The following
acts and omissions shall constitute violations of this bylaw punishable
by fines of up to $50:
(1)
Failure to obey an order of the Police Chief to discontinue use of
an alarm system, after exhaustion of the right of appeal;
(2)
Failure to disconnect an automatic dialing device from any unauthorized
telephone numbers at the Police Department within six months after
the effective date of this bylaw;
(3)
Interconnection of an automatic dialing device to any unauthorized
telephone numbers at the Police Department after the effective date
of this bylaw;
(4)
Failure to pay two or more consecutive fines assessed under this
bylaw within 30 days of the date of assessment;
B.
Each day during which the aforesaid violations continue shall constitute
a separate offense.
[Adopted 11-13-2023 STM by Art. 7, AG approved 3-1-2024]
The following definitions shall apply to this bylaw:
A period of time when a newly installed or modified alarm
system is placed in service. System faults and malfunctions are commonly
identified and corrected during this time.
An alarm system that provides different monitoring functions
such as fire, intrusion, and mechanical functions.
A system or portion of a combination system that consists
of components and circuits arranged to monitor and annunciate the
status of fire alarm or supervisory signal-initiating devices and
to initiate the appropriate response to those signals, capable of
transmitting a fire alarm signal to the emergency response officials
via telephone or radio.
The transmittal of a fire alarm to the Lakeville Fire Department
via the telephone or radio, which alarm is caused by a malfunction.
For the purposes of this bylaw, a "malfunction" is defined as the
failure of a fire alarm system to operate in the normal or usual manner
due to improper installation or maintenance and/or mechanical defect(s)
in the system, resulting in the transmittal of a needless alarm signal
to the Lakeville Fire Department.
An individual or entity who or which owns the title to and/or
has on their property or its business a fire alarm system equipped
to send a fire alarm signal to the Lakeville Fire Department. Excluded
from this definition are single-family residential properties, two-family
residential properties, municipal, county, state and federal properties.
January 1 through June 30 or July 1 through December 31,
as the case may be, of any calendar year.
The intentional activation of a fire alarm system without
knowledge of fire or other emergency warranting an emergency response.
An individual or entity who or which has on their property
or its business a fire alarm system equipped to send a fire alarm
signal directly to Lakeville emergency response officials via a master
box.
The Fire Chief may promulgate such rules as may be necessary
for the implementation of this bylaw.
A.
Before the fire alarm system is connected to the Lakeville Fire Department,
the master box owner shall provide the Fire Chief or their designee
with the following information:
(1)
The name, address, and home and work telephone numbers of the master
box owner;
(2)
The street address where the radio master box is located;
(3)
The names, addresses and telephone numbers of the persons or businesses
protected by the fire alarm system connected to the radio master box;
and
(4)
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 radio master
is located.
B.
If at passage of this bylaw a fire alarm radio system has already
been connected to the Lakeville Fire Department via a master box,
the master box owner shall comply with the requirements of this section.
Any master box owner found to be not in compliance with this section
shall become compliant within 30 days of receipt of written notice
of a citation for noncompliance. If a master box owner fails to comply
with this section, they shall be punished by a fine of $50 for each
day of noncompliance.
A.
Before the central station operating company is connected with the
Lakeville Fire Department, it shall provide the Fire Chief or their
designee with the following information:
(1)
The name, address and telephone numbers of the central station operating
company;
(2)
The name, addresses and telephone numbers of the persons or businesses
protected by the fire alarm system connected by the central station
operating company;
(3)
A copy of the central station operating company's certification
from a nationally recognized listing company as a central station
operating company;
(4)
The names, addresses, and home and work telephone numbers of at 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 from which the alarm signal is
emitting to the central station operating company; and
(5)
The name, address, home and work telephone numbers, and the 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.
B.
If at the passage of this bylaw a central station operating company
already has a direct connection to the Lakeville Fire Department,
the operating company shall comply with the requirements of this section.
Any operating company found to be not in compliance with this section
shall become compliant within 30 days of receipt of written notice
of a citation for noncompliance.
C.
If a central station operating company fails to comply with this
section, the Fire Chief or their designee may assess a fine of $50
for each day of noncompliance.
Every radio 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 or their designee. If the information
provided changes, the radio master box owner and the central station
operating company shall provide the Fire Chief or their designee information
within 30 days. If a radio master box owner or a central station operating
company fails to comply with this section, the Fire Chief or their
designee shall assess a fine of $50 for each day of noncompliance.
No alarm system designed to transmit emergency messages directly
to the Fire Department via radio master box shall be worked on, tested
or demonstrated without obtaining permission from the Fire Department.
Permission is not required to test or demonstrate alarm devices not
transmitting emergency messages directly to the Fire Department. An
unauthorized test shall constitute a false alarm.
A burn-in period of 30 days from final inspection will be granted,
during which time no fines will be assessed.
The Fire Chief shall be the enforcement authority under this
bylaw and any regulations promulgated hereunder.
A.
Upon receipt of three or more false alarms within a six-month period
from multifamily residential or from commercial/industrial properties,
the Fire Chief or their designee may assess a fine pursuant to MGL
c. 40, § 21D, against the fire alarm system owner.
B.
The following acts and omissions shall constitute violations of this
bylaw punishable by the fines as herein provided:
(1)
An alarm user whose alarm system transmits or otherwise causes more
than three false alarms in a six-month period shall be assessed a
fine according to the following schedule:
(2)
An alarm user who fails to comply with any of the requirements of
this bylaw relative to the testing of equipment shall be punished
by a fine of $300.
If any clause, sentence, paragraph, or part of this bylaw or
the application thereof to any persons or circumstances shall for
any reason be adjudged by a court to be invalid, such judgment shall
not affect, impair or invalidate the remainder and the application
thereof to other persons or circumstances, but shall be confined in
its operation to the clause, sentence, paragraph or part thereof directly
involved in the controversy in which such judgment shall have been
rendered, and to the person or circumstances involved.
