[HISTORY: Adopted by the Town Council of
the Town of Agawam as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-14-1977]
No person, firm, corporation, company or any
other entity shall install any fire alarm system or equipment in any
building or other structure within the town without making application
to the Building Department in accordance with the provisions of the
State Building Code and obtaining a permit therefor. Such application
shall be made in the name of the owner, occupant or by the person
or company who proposes to make the installation of such fire alarm
equipment.
Upon affirmation that the installation will
be made in accordance with the National Fire Protection Association
No. 74, Standard for Household Fire Warning Equipment and National
Fire Protection Association No. 101, Life Safety Code, the head of
the Fire Department shall approve such installation.
The person or persons making the installation
of a fire alarm system shall immediately, upon completion of the work,
file a certificate of completion as specified in the State Building
Code.
[Added 4-6-2015 by TOR-2015-3]
A.Â
The following fines and charges shall be imposed upon the property
owner for activation of any fire alarm system by error, mistake or
malfunction, as the case may be, which results in a response by the
Fire Department:
(1)Â
Up to four such false alarms may occur in any twelve-month period
without the imposition of a penalty.
(2)Â
The fifth such false alarm shall result in a fine of $200, and every
subsequent false alarm in excess of the above shall result in a fine
of $100 per false alarm. In addition, such person shall be responsible
for, and shall bear the expense of, responding to any such false alarm.
Said expense shall be determined by the Chief of the Fire Department
and the Auditor of the Town and billed to the responsible party or
parties; provided, however, that no such charges, exclusive of any
penalty imposed, shall exceed $500.
B.Â
After the third false alarm, a written warning shall be sent to the
property owner by the Fire Department.
C.Â
After the fourth such false alarm, a written order shall be issued
to the property owner requiring that the alarm system be inspected
and the Fire Department notified of corrective action taken.
D.Â
All fines and expenses shall be paid to the Town of Agawam within
30 days of the date of the bill. Fines and bills unpaid for more than
90 days shall be subject to municipal charges liens as set forth and
in accordance with M.G.L. c. 40, § 58.
[Adopted 10-21-1991 by TOR-91-12]
The purpose of this Article is to provide for
the public safety and welfare by setting forth regulations governing
burglary and robbery alarm systems, businesses and agents within the
town, requiring permits therefor, and providing for punishment of
violations of provisions of this Article, and to prevent the erroneous
and mistaken use of said alarms. Alarms which are not installed and
maintained properly has resulted in increased responses by the Agawam
Police Department and is creating a hazard to the members of that
Department and to the general public.
For the purpose of this Article the following
terms shall have the meanings indicated:
To engage in the supplying, installing, maintaining or servicing
of burglary or robbery alarm systems.
The assembly of equipment, mechanical or electrical, or a
device, which is designed or used for the detection of an unauthorized
entry into a building, structure or facility or other activity which
emits a sound or transmits a signal or message to the Agawam Police
Department to which police officers are expected to respond, and where
applicable includes fire alarm systems.
That person whose name appears on the registration form as
the user or, if there is no such registration, the owner of the premises
to which the Agawam Police Department is expected to respond.
A device, designed for the detection of unauthorized entry
on premises, which generates an audible sound on the premises when
it is actuated.
The Agawam Police Department.
An alarm signal necessitating response by the Agawam Police
Department where an emergency situation does not exist. Such term
shall include alarms as follows:
Error or mistake. Any action by any person,
firm or corporation or other entity owning or operating any dwelling,
building or place, or any action by any agent or employee of said
person, firm or corporation or other entity which results in the activation
of an alarm system when no emergency exists.
Malfunction. Any unintentional activation of
any alarm system caused by a flaw in the design, installation or maintenance
of the system. This shall not include any activation caused by violent
condition of nature or other extraordinary circumstances, not reasonably
subject to control of the alarm user.
Intentional misuse. Any intentional activation
of an alarm system when no burglary, holdup or other emergency is
in progress.
No person shall install or operate an alarm
system within the Town of Agawam until an application has been filed
with the Police Department and a permit authorizing the installation
and operation of said alarm system has been issued. The application
shall include the name, telephone number and address of the alarm
user and at least two other persons who can be reached at any time,
day or night, and who shall have access to the alarm system in order
to reset the system or disconnect the same when necessary. Permits
shall expire on January 1 of every odd-numbered year unless renewed.
It shall be the responsibility of each permit holder to notify the
Department in writing within 10 days of any change in registration
information.
Within six months from the effective date of
this Article, all alarm systems which use an audible horn, siren or
bell shall be equipped with a device which will shut off such horn,
siren or bell within 10 minutes after activation of the alarm system.
A.Â
No alarm system shall be installed until the plans
and specifications relating to said alarm system have been approved
by the Chief of the Department or his designee. The Chief of the Department
or his designee shall have the right, at all reasonable times, to
inspect any alarm system within his jurisdiction.
B.Â
The location of the alarm components shall, when deemed
necessary by the Chief of the Department or his designee, be provided
on a floor plan to be kept at the site of the alarm system or in a
location adjacent to the alarm system panel.
C.Â
Prior to issuance of a permit pursuant to these provisions,
the permit applicant shall, when deemed necessary by the Chief of
the Department or his designee install a lock box in an approved location
at the site of the alarm system. Said lock box shall, when deemed
necessary by the Chief of the Department or his designee, contain
keys to the structure served by the alarm system.
A.Â
When an alarm is activated, the Police Department
shall respond to the alarm and notify the person or persons listed
with the Police Department as having responsibility for securing said
alarm system. Said person shall immediately go to the place where
the alarm is sounding to meet the police officers, secure the building
and reset the alarm.
B.Â
Should any person responsible for securing and resetting
any alarm system, when notified of its activation, refuse to respond
pursuant to this section, the officers on the scene shall check the
property thoroughly and secure the location as much as possible. The
Police Chief or the Chief's designee, at his or her sole discretion,
may require no further response to that building, dwelling or place
until such time as said alarm system has been properly reset.
C.Â
If any dwelling, building or place is required by
law to maintain a burglar alarm system, as herein defined, and if
said alarm system fails to function and cannot be returned to service
within a reasonable time and if, in the opinion of the Chief of the
Department, or his designee, the absence of properly functioning alarm
system may pose a threat to life and property, the Chief of the Department
or his designee may require the special duty assignment of one or
more police officers to patrol the premises until the alarm system
has been returned to service. The cost of any special duty assignment
shall be the responsibility of the alarm system permit holder.
A.Â
The following fines and charges shall be imposed upon
the alarm system permit holder for activation of any alarm system
by error, mistake or malfunction, as the case may be, which results
in a response by the Police Department:
(1)Â
Up to four such false alarms may occur in any calendar
year without the imposition of a penalty.
(2)Â
The fifth such false alarm shall result in a fine
of $25, and every subsequent false alarm in excess of the above shall
result in a fine of $25 per false alarm. In addition, such person
shall be responsible for and shall bear the expense of responding
to any such false alarm. Said expense shall be determined by the Chief
of the Department and the Auditor of the town and billed to the responsible
party or parties; provided, however, that no such charges, exclusive
of any penalty imposed, shall exceed $300.
B.Â
After the third false alarm, a written warning shall
be sent to the alarm system permit holder.
C.Â
After the fourth such false alarm, a written order
shall be issued to the alarm system permit holder requiring that the
alarm system be inspected and the Department notified of corrective
action taken.
D.Â
All fines and expenses shall be paid to the Town of
Agawam within 30 days of the date of the bill. Fines and bills unpaid
for more than 90 days shall be subject to municipal charges liens
as set forth and in accordance with MGL C. 40, § 58.
A.Â
No person shall knowingly or intentionally activate
any alarm system when no emergency exists.
B.Â
No person shall knowingly or intentionally test, repair,
adjust, alter or perform maintenance on an alarm system or cause the
same to be tested, repaired, adjusted, altered or maintained, if such
action could result in a false alarm, without first notifying the
Department of such test, repair, adjustment, alteration or maintenance
and receiving approval for the same. The Department shall be notified
immediately upon completion of such test, repair, adjustment, alteration
or maintenance. The Chief of the Department may restrict or refuse
to permit testing, repair, adjustment, alteration or maintenance of
an alarm system if testing, repair, adjustment, alteration or maintenance
could result in a false alarm when during a time when the manpower
resources of the Department are limited.
C.Â
Any person who violates Subsection A or B of this section shall be fined $100 and, where applicable, may additionally be subject to prosecution under the General Laws of the commonwealth for falsely reporting an incident. In addition, such person shall be responsible for and shall bear the expense of responding to any such false alarm. Said expense shall be determined by the Chief of the Department or his designee and the Auditor of the town and billed to the responsible party or parties; provided, however, that no such charge, exclusive of any penalty imposed, shall exceed $300 per response.
D.Â
All fines and expenses shall be paid to the Town of
Agawam within 30 days of the date of the bill. Fines and bills unpaid
for more than 90 days shall be subject to a municipal charges liens
as set forth an in accordance with MGL C. 40, § 58.
A.Â
Failure to obtain a permit for any alarm system shall
result in a fine of $100, and all other offenses shall be cumulative.
B.Â
Failure to submit to the Police Department proper names and addresses as required in § 69-6 shall result in a fine of $25, and all other offenses shall be cumulative.
C.Â
All fines and expenses shall be paid to the Town of
Agawam within 30 days of the date of the bill. Fines and bills unpaid
for more than 90 days shall be subject to a municipal charges liens
as set forth and in accordance with MGL C. 40, § 58.
No alarm system which produces an exterior audible
signal, bell, siren or horn shall be installed unless its operation
is automatically restricted to a maximum of 10 minutes' automatic
reset for a residential facility and 10 minutes' automatic reset for
a business facility. Any exterior audible alarm system in use as of
the effective date of this Article must comply with this section within
six months of such date.
Any person receiving an order or notice of violation
pursuant to this Article may contest said order or notice at a hearing
before the Police Commissioner. All demands for a hearing must be
made in writing and delivered in person or by mail no later than 10
days following receipt of the order or notice of violation. Any person
requesting a hearing shall be given written notice of the date, time
and place of the hearing. Such hearing shall be held no less than
15 days nor more than 30 days from the date of the mailing of the
notice, provided that the Police Commissioner shall grant, upon good
cause shown, any reasonable request by any interested party for a
postponement or continuance. The presence of the issuing officer shall
be required at the hearing if such person so requests. A person wishing
to contest an order or notice of violation shall appear at the hearing
and shall have the right to represent evidence and cross-examine witnesses.
The Police Commission shall conduct the hearing in a manner that he
or she deems fair and appropriate. The rules regarding the admissibility
of evidence shall not be strictly applied, but all testimony shall
be given under oath or affirmation. The Police Commission shall announce
its decision within five days of the completion of the hearing.
The provisions of this Article are not applicable
to audible alarms affixed to automobiles or affixed to municipal,
state and federal buildings.
Notwithstanding the provisions of this Article,
the town, its departments, officers, agents and employees shall be
under no obligation whatsoever concerning the adequacy, operation
or maintenance of any alarm device. No liability whatsoever is assumed
for the failure of such alarm devices or monitoring facilities or
for the failure to respond to alarms.
