[HISTORY: Adopted by the Town Meeting of
the Town of Southborough 4-15-2004 ATM by Art. 40.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bylaw also repealed former
Ch. 95, Fire Alarms, adopted 4-9-2001 ATM by Art. 44.
As used in this bylaw, the following terms shall
have the meanings indicated:
Any device which when activated transmits a signal to the
Police and/or Fire Department, or transmits a signal to a person or
company, who relays information to the Police and/or Fire Department,
or produces an audible or visible signal to which the Police and/or
Fire Department is expected to respond.
Any person who is the owner or person in charge of premises
where an alarm system is maintained within the Town of Southborough.
The activation of an alarm which results in the Police Department
responding where it is determined after investigation by the Police
Department that no criminal activity or attempted criminal activity
has occurred, or the Fire Department responding where no actual fire
is, or has occurred. A false alarm does not include alarms caused
by hurricanes, surges or failures in the transmission of electrical
power or other conditions that are beyond the control of the user,
or in the case of a fire alarm, smoke caused by cooking, fireplace
and stove use where no damage occurs.
The Town of Southborough.
A.
Every alarm user shall register an alarm system by
completing the required form which will include his/her name, person
who is authorized to respond to an emergency signal transmitted by
an alarm system and who can open or provide access to the premises
where the alarm is located.
B.
All existing alarm systems shall be registered with
the Town of Southborough before January 1, 2005. All alarms users
will register annually by January 1 of each subsequent year. The annual
registration fee will be determined by the Select Board.
[Amended 11-1-2021 STM
by Art. 2]
C.
All security alarm systems installed after the effective
date of this bylaw shall be registered with the Chief of Police, and
all fire and medical alarm systems installed after the effective date
of this bylaw shall be registered with the Fire Chief within 30 days
of the date of installation.
A.
Automatic dialer devices prohibited. It shall be unlawful
to install a mechanical protection device that is automatically keyed
to and/or activates the telephone line(s) controlled by and/or listed
to the Southborough Police and Fire Departments. All such devices
installed before the effective date of this bylaw shall be removed
before July 1, 2005.
B.
Audible device time limitation. All newly installed
security alarm systems which use an audible bell, horn, or siren shall
be equipped with an automatic shutoff device, which shall deactivate
the alarm within 15 minutes. All existing alarm users with an audible
bell, horn, or siren must have such deactivation systems Stalled by
January 1, 2005, The exception shall be fire alarm systems.
A.
Notice. An alarm user shall be notified by the Police
Department in writing after the Police Department has recorded two
separate false security alarms from an alarm user within a twelve-month
period. An alarm user shall be notified by the Fire Department in
writing after the Fire Department has recorded two separate false
fire or medical alarms from an alarm user within a twelve-month period.
The Police Chief, or his or her designee, shall notify the alarm user,
in writing, of such facts, including the dates and times of each alleged
false alarm. After three separate false alarms, the Police Chief or
designee will again notify the alarm user, in writing, of such facts.
The Fire Chief, or his or her designee, shall notify the alarm user,
in writing, of such facts, including the dates and times of each alleged
false alarm. After three separate false alarms, the Fire Chief or
designee will again notify the alarm user, in writing, of such facts.
B.
Testing. All users must notify the Police Department
for security alarm systems, and the Fire Department for fire and medical
alarm systems in advance of any testing equipment. Failure to notify
the Police or Fire Department in advance of testing shall constitute
a false alarm and be subject to the assessment schedule contained
herein.
C.
Penalties. An alarm user whose alarm system transmits
or otherwise causes more than three false alarms in a twelve-month
period shall be assessed a penalty of $50 for the fourth false alarm
in any twelve-month period; and a $100 penalty for each subsequent
false alarm.
D.
A security alarm user, or authorized key-holder is
required to respond to all security alarm calls, unless a verified
cancellation is received before the arrival of the police. The police
will accept these verified cancellations from the owner, key-holder
or monitoring company, before the arrival of the Police patrol unit(s).
No fine will be charged for such cancellation. An alarm user, or authorized
key-holder is required to respond to all fire alarm calls.
A.
An alarm business performing monitoring/central station
services for security systems shall:
(1)
Not request dispatch for police response during the
first week after installation of an alarm system, but rather use that
week to train the alarm user on proper use of the alarm system, unless
extenuating circumstances necessitate immediate requests for response
as determined by the Administrator.
(2)
Report alarm signals by using telephone numbers designated
by the Alarm Coordinator;
(3)
Attempt to verify every alarm signal, except a duress
or hold-up alarm activation before requesting a police response to
an alarm signal;
(4)
Communicate alarm dispatch requests to the Southborough
police in a manner and form determined by the Alarm Coordinator;
(5)
Communicate verified cancellations of alarm dispatch
requests to the police in a manner and form determined by the Alarm
Coordinator;
(6)
Ensure that all alarm users of alarm systems equipped
with duress/panic alarm are given adequate training as to their proper
use;
(7)
No alarm calls received shall be reported by monitoring/central
stations via 9-1-1.
B.
An alarm business performing monitoring/central station
services for fire alarm systems shall:
This bylaw shall be subject to the provisions
of MGL c. 40, § 21D for noncriminal enforcement. All fines
shall be made payable to the Town Treasurer for deposit in the General
Fund.
Notwithstanding the provisions of this bylaw,
the Town, its departments, officers, agents, and employees shall be
under no obligation whatsoever concerning the adequacy, operation
or maintenance of any alarm system or of alarm monitoring facilities.
No liability whatsoever is assumed for the failure of such alarm devices
for monitoring facilities or for failure to respond to alarms or for
any other act or omission in connection with such alarm devices. Each
alarm user shall be deemed to hold and save harmless the Town, its
departments, officers, agents and employees from liability in connection
with the alarm user's alarm device.
If any provision of this bylaw is found or determined
by a court of competent jurisdiction to be unenforceable for any reason,
then it is the intent that the remaining provisions continue in full
force and effect.
