[HISTORY: Adopted by the City Council of the City of Haverhill as
indicated in article histories. Amendments noted where applicable.]
[Adopted 1-19-1999 by Doc. 164
(Ch. 97 of the 1980 Code)]
For the purpose of this article, the following terms, phrases, words
and their derivation shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future, words
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.
Any combination or assembly of electronic devices or a single device
at a premise or location designed to transmit to the police, either directly
or through an intermediary local alarm, a warning signaling a hazard or intrusion
to which police are expected to respond. In this article, the term alarm system
shall apply to all electronic security systems, services and alarms defined
herein by which police are notified and expected to respond. Fire alarm systems
and alarm devices which monitor smoke, temperature, humidity or any condition
not related to the detection of any unauthorized intrusion into a premise/location
or an attempted robbery at a premise/location are specifically excluded from
the provision of this article.
Any person on whose premises an alarm system is maintained within
the City except for alarm systems on motor vehicles or proprietary systems.
Excluded from this definition and from the overage of this article are central
station personnel and persons who use alarm systems to alert or signal persons
within the premises in which the alarm system is located of an attempted unauthorized
intrusion or holdup attempt. If such 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 "alarm system"
as that term is used in this article, and shall be subject to this article.
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 City of Haverhill, Massachusetts.
The instrumentation of an alarm console at the receiving terminal
of a signal line which, through both visual and audible signals, indicated
activation of an alarm system at a particular location, or which indicates
line trouble.
An alarm system which has the capability of transmitting system signals
to and receiving them at the Haverhill Police Department Communication Center.
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 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 robbery or burglary at a premises. Excluded from this
definition are activations of alarm systems caused by electrical storms, floods,
hurricanes, tornadoes, earthquakes, or other violent events of nature.
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.
The Chief of Police of the City of Haverhill, Massachusetts, or his
designated representative.
The City of Haverhill, Massachusetts, Police Department, or any authorized
agent thereof.
Anything which annoys, injures, or endangers the comfort, repose,
health or safety or any persons or of any community or neighborhood.
A.
Promulgation of rules. The Police Chief may promulgate
such rules as may be necessary for the implementation of this article.
B.
Automatic dialing devices; interconnection to Police
Department. Effective August 1, 1998, no devices which employ an automatic
dialing system preceded to connect with a telephone at the Police Department
rather than to an alarm panel (also known as a dial alarm) shall be permitted.
D.
Direct connections to Police Department.
(1)
Alarm systems may be connected to the communications
console in the Police Department.
(2)
The alarm user, or the alarm business contracting for
servicing the alarm user's alarm system, shall be responsible for obtaining
the leased telephone line between the alarm user's premises and the alarm-receiving
equipment at the Police Department and for furnishing the appropriate interface
equipment, if required, in order to provide an input signal which is compatible
with the receiving equipment used to operate the communications console.
A.
No person shall install, operate or maintain any type
of alarm system within the City of Haverhill, unless said alarm system has
been registered with the Police Chief in accordance with the requirements
of this section.
B.
The owner of the premises in which an alarm system is
to be installed, operated or maintained shall annually file a completed registration
form, which shall include, among other information, the location of the local
alarm, noisemaker or horn/bell, the name of the installer of said device,
type of device; a description of intended testing procedures, at least two
other persons to be contacted in the event of an alarm and other data, including
the name, address and telephone number of any property insurer, as may be
required by the Police Chief. Registration pursuant to this section may be
accomplished by a lessee of the premises upon written submission of permission
therefor by the owner of such premises.
C.
All alarm systems which use an audible horn or bell shall
be equipped with a device that will shut off such horn or bell within 15 minutes
or less after activation of the alarm system.
D.
Any alarm system emitting a continuous and uninterrupted signal for more than 15 minutes between 7:00 p.m. and 6:00 a.m. 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 Subsection B of this section, and which disturb the peace, comfort or repose, of a community, a neighborhood, or 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 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 B of this section in an effort to abate the nuisance. The Police Chief shall cause to be recorded the names and addresses of all complainants and the time each complaint was made.
E.
In the event that the Police Chief is unable to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under Subsection A of this section, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system, and if the Police Chief is otherwise unable to abate the nuisance, he may direct a police officer or a fire fighter 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.
F.
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 he is 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 Police Chief shall have the property
secured, if necessary. The reasonable costs and expenses of abating a nuisance
in accordance with this section may be assessed to the alarm user, said assessment
not to exceed $50.
G.
Within 10 days after abatement of a nuisance in accordance
with this section, the alarm user may request a hearing before the Chief of
Police and may present evidence showing that the signal emitted by his alarm
system was not a public nuisance at the time of the abatement; that unnecessary
damage was caused to his property in the course of the abatement; that the
cost of the abatement shall not be assessed to him; or that the requirements
of this section were not fulfilled. The Chief shall hear all interested parties
and may, in his discretion, reimburse the alarm user for the repairs to his
property necessitated by the abatement, or excuse the alarm user from paying
the costs of the abatement.
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.
When emergency messages are received by the Police Department that evidence false alarms, the Police Chief shall take such action as may be appropriate under Subsections B, C, D and E of this section, and, when so required by the terms of the aforementioned subsections, order that use of an alarm system be discontinued.
B.
After the Police Department has recorded three separate
false alarms within the calendar year from an alarm system, the Police Chief
shall notify the alarm user by first-class, postage prepaid 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 City, 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.
C.
In the event that the Police Chief determines that a report submitted in accordance with the Subsection B of this section 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.
D.
In the event that the Police Department records five
false alarms within the calendar year from an alarm system, the Police Chief
may order that the user of the alarm system discontinue use of the alarm system
for not less than six months from the date of the alarm was disconnected.
E.
Any user of an alarm system which transmits false alarms
shall be assessed a fine of $25 for each false alarm in excess of three occurring
within the calendar year. All fines assessed hereunder shall be paid to the
City Treasurer 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 Chiefs order.
F.
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 district court. An appeal
shall be filed within 10 days of the date of the order of discontinuance.
Thereafter, the court shall consider the merits of the appeal and in connection
therewith shall hear evidence presented by all interested persons. After hearing
such evidence the court may affirm, vacate, or modify the order of discontinuance.
A.
The following acts and omissions shall constitute violations
of this article punishable by fines of up to $50.
(1)
Failure to obey an order of the Police Chief or his designee,
to discontinue use of an alarm system, after exhaustion of the right of appeal.
(2)
Failure to disconnect an automatic dialing device from
any telephone numbers at the Police Department within six months after effective
date of this article.
(3)
Interconnection of an automatic dialing device to any
telephone numbers at the Police Department after effective date of this article.
(4)
Failure to pay two or more consecutive fines assessed
under this article within 60 days from the date of assessment.
B.
Each day during which the aforesaid violations continue
shall constitute a separate offense.
