CHAPTER 3A.
ALARM SYSTEM REGULATION.
§ 3A-1. Definitions.
§ 3A-2. Control and curtailment of signals emitted by alarm systems.
§ 3A-3. Testing of equipment.
§ 3A-4. Penalties.
§ 3A-5. Nonprofit organizations exempt.
§ 3A-6. Administrative rules.
§ 3A-7. Separability.
Sec. 3A-1. Definitions.
For the purpose of this chapter, 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.
(a) Alarm system means an assembly of equipment and devices, or a single device such as a solid state unit which plugs directly into a one-hundred-ten volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. Fire alarm systems, alarm systems on motor vehicles, 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 at a premises are specifically excluded from the provisions of this chapter.
(b) Alarm user or user means any person on whose premises an alarm system is maintained within the city. Excluded from this definition are:
(1) Municipal, county, state and federal agencies;
(2) Central station personnel;
(3) 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. However, if such an alarm system employs an audible signal or a flashing light outside the premises, the user of such an alarm system shall be within the definition of "alarm user" and shall be subject to this chapter.
(c) Central station means 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.
(d) The word city means the city of Leominster.
(e) False alarm means (1) 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, or (2) 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 or attempted unauthorized intrusion into a premises or an attempted robbery or burglary at the premises. Excluded from this definition are activations of alarm systems caused by power outages, hurricanes, tornadoes, earthquakes and similar conditions.
(f) Police chief means the chief of police of the city of Leominster or his designated representative.
(g) Police or police department means the city of Leominster police department, or any authorized agent thereof.
(h) Public nuisance means anything which annoys, injures or endangers the comfort, repose, health or safety of any person or persons or of any community or neighborhood.
(7-22-91.)
Sec. 3A-2. Control and curtailment of signals emitted by alarm systems.
(a) Every alarm user shall submit to the police chief the names, addresses and telephone numbers of the user and 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 alarm system is installed. The list of names, addresses and telephone numbers of the responders must be kept current at all times by the alarm user and shall be submitted during the first month of each year.
(b) All alarm systems which use an audible bell or horn shall be equipped with an automatic shutoff device which will deactivate the alarm system within fifteen minutes. All alarm users with an audible bell or horn must comply with this section within ninety days of the adoption of this chapter.
(c) Any alarm system which fails to comply with subsection (b) of this section and emits a continuous and uninterrupted signal for more than thirty 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 subsection (a) of this section, and which disturbs the peace, comfort or repose of a community, or a neighborhood 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 (a) of this section in an effort to abate the nuisance. The police chief shall record the time each complaint was made.
(d) 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 firefighter 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.
(e) After any entry upon property has been made in accordance with this section and the nuisance abated, the police chief shall have the property secured, if necessary. The reasonable costs and expense of abating a nuisance in accordance with this section may be assessed to the alarm user, said assessment not to exceed fifty dollars.
(7-22-91.)
Sec. 3A-3. Testing of equipment.
No alarm system designated to transmit emergency messages directly to the police department shall be worked upon, tested or demonstrated without obtaining permission from the police department communication section. 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.
(7-22-91.)
Sec. 3A-4. Penalties.
The following acts and omissions shall constitute violations of this chapter punishable by the fines as herein provided:
(a) An alarm user whose alarm system transmits or otherwise causes three or more false alarms in a twelve-month period shall be assessed a fine of twenty-five dollars for the third false alarm and fifty dollars for any subsequent false alarm in any twelve-month period.
(b) An alarm user who fails to comply with any of the requirements of section 3A-2 of this chapter relative to control and curtailment of signals emitted by alarm systems shall be punished by a fine of twenty-five dollars.
(c) An alarm user who fails to comply with any of the requirements of section 3A-3 of this chapter relative to the testing of equipment shall be punished by a fine of twenty-five dollars.
(7-22-91; 7-24-00.)
Sec. 3A-5. Nonprofit organizations exempt.
Nonprofit organizations shall be exempt from the provisions of this chapter.