CITY OF LOWELL ALARM ORDINANCE

SECTION 16-9. ENTITLED ALARM SYSTEMS .

Section 1 – Definition

A     Emergency Alarm System : The term “emergency Alarm System” shall mean an assembly of equipment and devices, or a single device, arranged to signal a hazard or intrusion requiring urgent attention and to which police are expected to respond. In this ordinance, the term “emergency Alarm System” shall include the terms, “Dial Alarm”, “Direct Alarm”, and “Local Alarm”, as those terms are hereinafter defined.

Fire alarm systems and alarm systems which monitor temperature, humidity, and any other condition not directly related to the detection of an unauthorized intrusion into a premises, robbery or attempted robbery at a premises, are specifically excluded from the provisions of this Ordinance.

B. Alarm Installation : The term “Alarm installation” shall refer to the design installation, repair, alterations and maintenance of systems designed to cause alarm to be sounded in the event of a burglary or robbery.

C. Person : The term “Person” shall refer to any natural person, corporation, unincorporated association, or other legal entity.

D.     Alarm User : The term “Alarm User” shall refer to any person on whose premises an alarm system is maintained within the City of Lowell, except for alarm systems on motor vehicles or proprietary alarm systems.

E. Proprietary System : The term “Proprietary System” shall mean all alarm systems sounding and/or recording alarm and supervisory signals at a control center located within the protected premises; the control center being under the supervision of the proprietor of the protected premises or his employees or agents. If a proprietary alarm system includes a signal line connected directly, or by means of a dialing device, to the Lowell Police Communications Center, a central station or answering service, it thereby becomes an emergency alarm system as defined in this ordinance.

F. Police Alarm Monitoring Facility : The term “Police Alarm ~Monitoring Facility” shall mean the facility located within the Lowell Police Department which is monitored by employees who receive, record and validate alarm signals.

G. Answering Service : The term “Answering Service” shall mean a telephone answering service which provides the service of receiving emergency signals from alarm systems, and thereafter immediately relaying the rtes sage by live voice to the Lowell Police Department.

H. Central Alarm Station : The term “Central Alarm Station” shall mean any facility which is privately owned, that owns or leases alarm systems, whose facility is staffed by employees who receive, record, or validate alarm signal, and relay the infor­mation of such signals to the Lowell Police department by any means.

I. Dial Alarm : The term “Dial Alarm” shall mean an alarm system which automatically selects a telephone line connected to the Lowell Police Department and reproduced a prerecorded voice massage or coded signal indicating the existence of an emergency situation that the alarm system is designed to detect.

J. Direct Alarm : The term “Direct Alarm” shall mean any alarm system, which is directly connected to the alarm processing unit within the police monitoring facility.

K. Local Alarm : The term “Local Alarm” shall mean any alarm system which may, or may not be connected to the police monitoring facility or to a central station or answering service, which when activated, causes an audible and/or visual signaling device at the premises within which the alarm system is installed.

L. Manual Alarm : The terms “Manual Alarm” shall mean any alarm in which the activation of the alarm is initiated by the direct action of the alarm user, his agents, or employees, and is installed to elicit a police response to a burglary, attempted burglary, robbery or attempted robbery.

M. False Alarm : The term “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: (2) any signal or oral com­munication transmitted to the Police Department requesting, requiring or resulting in a response on the part of the Police Department when, in fact, there has been no unauthorized d intrusion or attempted unauthorized intrusion into a premises and no attempted robbery at a premises. Included from this definition are activations of alarm systems caused by power outages, hurricanes, tornadoes, earthquakes, or an alarm user who has no other means of eliciting an emergency response by the police department for valid emergency reasons.

N.  The term “City” shall mean the City of Lowell, Massachusetts.

0. Police Department : The term “Police” or “Police Department” shall mean the City of Lowell Police Department, or any authorized agent thereof.

P. Police Chief : The term “Police Chief” shall mean the Superintendent of Police of the City of Lowell or his designated representative.

Q. Public Nuisance : The term “Public Nuisance” shall mean anything which annoys, injures, or endangers the comfort, repose, health or safety of any persons or of any community or neighborhood.

R. Permit : The term “Permit” shall mean written permission, duly granted to an applicant by the City upon payment of the required fee.

S. Permit Year : The term “Permit Year” means a 12-month period, beginning January 1, and ending December 31 of each year.

T. Police Alarm Administrator : The term “Police Alarm Administrator” shall mean an employee of the city whose responsibility is to coordinate the administration and documentation of alarm businesses and alarm systems as it relates to the effective enforcement of the provisions of this chapter.

Section 2 Administrative Procedures

Within ninety (90) days from the effective date of this ordinance, every “alarm user” shall make application for a permit which shall be required to maintain and/or operate an “Emergency Alarm System” within the City of Lowell.

The Chief of Police is hereby authorized to issue a permit to any owner of property located within the City of Lowell or the lesser thereof, to maintain, install, and modify an alarm system upon application to him, and subject to the following provisions:

A. The alarm user, applying for the permit, shall provide to the Chief of Police the name, address, and current telephone number of at least two persons for one family residences and three persons for all other property who will retrievable at all times for the purpose of responding to alarms by personally appearing at the building protected following an alarm of any kind.

B. The Chief of Police, upon application to him for a permit, shall, in his sound judgment, determine whether the application conforms to the requirements of this ordinance, that the facts stated therein are true and accurate; and he may cause such system to be inspected, to determine whether such system is reasonably operational.

C. All information obtained pursuant to this ordinance shall be kept confidential and shall be for the use of the Police Communications Center and the Police Alarm Administrator.

D. It shall be the responsibility of the permit holder to keep all information necessary for proper notification, with the Police Communications Center/Police Alarm Administrator, current and up to date.

E. A. “Residential Permit” shall include all private dwellings, individual apartments, or condominium units, occupied primarily by the applicant, for which the applicant will pay to the City of Lowell a permit fee of ten dollars ($10.00). The effective date will be August 1, 1989. Said effective date does not exempt the payment of said fee for previously installed systems.

F. A “Commercial Permit” shall include all businesses, corporations, or un— incorporated associations for which the applicant will pay to the City of Lowell a permit fee of fifteen dollars ($15.00).

G. All federal, state, county, or local government agencies who operate alarm systems shall be exempt from all permit fees and service charges, but, shall comply with all other requirements of this ordinance, and with all requests of the Chief of Police, as shall concern the operation of their alarm systems.

H. All persons 65 years of age or older who are the principal occupant of the private residence listed on the application, shall also be exempt from all permit fees, but shall comply with all other requirements of this ordinance.

I. Application for the renewal of an alarm user's permit shall be made every year within 30 days immediately preceding January 1, and shall be accompanied by a nonrefundable fee of $10. for each application in behalf of a residential building and $15. for each application in behalf on a non-residential building.

J. A $25. late charge will be charged in addition to the fees provided above to an alarm user who is more than 60 days delinquent in renewing a permit.

K. All alarm users to whom a permit has been issued, shall keep the permit within the protected premises for which the permit was issued.

L. Any alarm permit issued under this ordinance shall be made available for inspection, suspension, or revocation purposes, upon the demand of any authorized Lowell Police Officer.

M. Failure to comply with any of the provisions of this ordinance may con­stitute grounds for the Chief of Police to deny the issuance of a permit, or suspend/ revoke an existing permit.

Section 3 Control and Curtailment of False Alarms

A. No alarm system designed to transmit emergency messages directly or through relay to the Police Department shall be worked on, tested or demonstrated without notifying and obtaining permission from the Police Chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly or through relay to the Police Department. An unauthorized test constitutes a false alarm.

B. If in the event of any alarm, the Police Communications Center is unable to notify any listed representative of the alarm user, or if a representative of the alarm user fails to appear at the building protected within 30 minutes after notification the Police Communications Center shall not respond to any further alarms from that system until the alarm is reset by the alarm user or, in the case of a defective alarm system, until the alarm system has been repaired. Whenever a representative of an alarm user fails to appear at the building protected, following an alarm within 30 minutes after being notified by the Police Communications Center, the alarm user shall pay a charge of ten dollars ($10.00) in addition to any service charge assessed, for every such event, to the City of Lowell. Violation of the provisions of this sub-section is suffi­cient cause for suspension/revocation of the emergency Alarm System Permit required by Section 16-9 of the code of the City of Lowell.

C. Any user of an alarm system which transmits false alarms requiring a response from the Lowell Police Department, shall be assessed a service charge of twenty (20) dollars for each false alarm in excess of two (2) occurring within a calendar year. All service charges assessed hereunder shall be paid through the Police Alarm Administra­tor to the City of Lowell Treasurer for deposit into the General Fund. Upon failure of an alarm user to pay the assigned service charge within thirty (30) days, a five dollar late fee shall be assessed and the total amount of twenty-five (25) dollars shall be payable within fifteen (15) days. Failure to remit payment due, within a total of forty-five (45) days from original notice shall result in the Chief of Police ordering the permit (for the premises recording the false alarms) revoked. Any such revocation shall be effectuated within ten (10) days from the date of mailing of the Police Chief's order.

D. After the Police Department has recorded three (3) separate false alarms within a calendar year from a particular alarm system, the Police Chief shall notify the alarm user, in writing, of such fact and require said alarm user to submit, within ten (10) days after receipt of said notice, a report describing efforts to discover and eliminate the cause(s) of the false alarms. If the alarm 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 ten (10) day period for a reasonable tine. If the said alarm user fails to submit such a report within ten (10) days or within any such extended period, the Police Chief may order the alarm permit (for the premises recording the three false alarms) suspended until the alarm system is made to function properly Any such order of suspension shall be preceded by a written notice of intent to the alarm user by the Police Chief. Any such suspension shall be effectuated ten (10) days from the date of mailing of the Police Chief's notice, if no hearing is requested.

E. In the event that the Police Chief determines that a report submitted is unsatisfactory or 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 the alarm permit (for the premises recording the three false alarms) suspend until the alarm system is made to function properly. Any such order of suspension shall be preceded by a written notice of intent to the alarm user by the Police Chief. Any such suspension shall be effectuated within ten (10) days from the date of mailing of the Chief's order.

F. In the event that the Police Department records five (5) false alarms within a calendar year from a particular alarm system, the Police Chief may order the permit for said alarm system be suspended for a period of not less than six (6) months from the date the alarm system is disconnected. Any such order of suspension shall be preceded by a written notice of intent to the alarm user by the Police Chief. Any such suspension shall be effectuated within ten (10) days from the date of mailing of the Police Chief's order.

G. Upon receipt of a notice of intent to revoke or suspend an alarm user s permit, pursuant to this ordinance, the alarm user may, within five (5) days of such receipt, submit a written request for a hearing before the Chief of Police or his designee setting forth the reasons why the permit should not be revoked or suspended.

H. At the hearing before the Chief of Police or his designee, the holder of the permit shall have the right to present evidence, cross-examine witnesses, and to be represented by counsel. Such a hearing shall be informal and shall not be subject to the rules of evidence or formal courtroom procedure. After the bearing, the Chief of Police or his designee may either issue an order of revocation, withdraw the notice of revocation or suspend the permit until such time that he is satisfied that the cause (or causes) of the false alarms has (or have) been eliminated.

I. Any alarm user who has, in accordance with this section, had their alarm permit revoked/suspended by the Police Chief may appeal the order of revocation/suspension to the Board of Alarm Commissioner. An appeal shall be filed within five (5) days of the date of the order of revocation/suspension. Thereafter, the Board shall consider the merits of the appeal, and in connection therewith shall hear evidence presented by all parties concerned. After bearing such evidence the Board may affirm, vacate, or modify the order of revocation/suspension.

J. An alarm user whose permit has been revoked, is not precluded under this ordinance from applying for a new permit. The Chief of Police, however, shall not be required to issue a new permit unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected. The Chief of Police may also impose reasonable restrictions and conditions upon the user before issuing a new permit. (These restrictions and/or conditions shall appear on the permit and shall provide for automatic removal on the occurrence of (2) false alarms in the remaining permit year.)

K. Any alarm user, central station, answering service or proprietary system, who does not possess an alarm user s permit, or whose permit has been suspended, revoked or denied, transmits by any means to the Lowell Police Department an alarm signal from respective system shall be charged a twenty-five ($25.00) service fee for each signal eliciting a response from the Police. This service fee shall be separate from any fines which may assessed by the Court upon a finding of a violation of this ordinance.

L. Any alarm user, owner, or lessee who possess an alarm user's permit may appeal false alarm service charges in writing to the Chief of Police within ten (10) days after receipt of the notice of penalty.

M. The Chief of Police or his designee may waive assessment of the service charge, when, in his judgment, reasonable attempts are being taken to discover and eli­minate the cause of the false alarms. Any alarm user who, after having a permit revoked and after exhausting his right to a hearing, fails to disconnect his alarm system, shall be guilty of a violation, and upon conviction, shall be fined not less than one hundred dollars ($100.00).

Section 4 Abatement of Nuisance Alarms

A. All alarm systems as defined in this ordinance, which make or sound an audible signal which may be heard outside of the protected premises, shall be equipped with a device which shall limit the duration of such audible signal to not more than twenty (20) minutes.

B. Any alarm system emitting a continuous and an uninterrupted audible signal for more than twenty (20) minutes between 7:00 p.m. and 7:00 a.m. which cannot be shut off, reset or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him and which disturb the pea, 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 audible signal, the Police C. C. shall endeavor to contact the alarm use~, or members of the alarm user' s family, or those persons designated by the alarm user 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.

C. 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 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.

D. 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 (1) shall be considered lawfully present but may not conduct any search, seizure, inspection, or investigation while he is upon the property; (2) shall not cause any unnecessary damage to the alarm system or to any part of the home or building; and (3) 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 assess-cent not to exceed.

E. Within ten (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 public nuisance at the time of the abatement; that unnecessary damage was caused to his property in the course of the abatement; that the costs of the abatement should not be assessed to him; o~ 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.

Section 5 Alarm Commission

A Board of Alarm Commissioners totaling 3 in number shall be appointed by the City Manage Their responsibilities shall be to hear appeals from the findings of the Chief of Police relative to penalties, suspensions and/or revocations of permit refusals to grant permits and the abatement of nuisances caused by local alarms not conforming to section 16-9 of this ordinance.

They shall the power, upon review and for just cause, to set aside a finding made by the Chief of Police relative to this ordinance. Their ruling on all appeals shall be final and binding on all parties concerned.

Section 6 Administration of Program

The Superintendent of Police shall establish a written procedure for the administration and enforcement of the provisions of this ordinance.

In January of each year the Superintendent of Police shall submit a report to the City Manager regarding the effectiveness of this ordinance and any recommendations thereon. The police department of the City of Lowell shall take every reasonable precaution to assure that the alarm signals and alarm messages received by the police department are given appropriate attention and are acted upon with dispatch. Nevertheless, the police department shall not be liable for any defects in the operation of alarm devices, for any failure or neglect to respond appropriately upon receipt of an alarm from such source, nor for the failure or neglect on any person in connection with the installation and operation of alarm systems or their components, the transmission of alarm signals and prerecorded messages, or the relaying of such signals and messages. In the event that the police department finds it necessary to disconnect an alarm device after exhausting all other provisions of this ordinance, the police department shall incur no liability by such action.

Section 7 Penalties

It shall be unlawful for any person or alarm user to maintain or operate an alarm system, as defined by the terms of this ordinance, without first obtaining a permit as provided. Any person or alarm user who does maintain or operate an alarm system without a permit shall be guilty of a violation, and upon conviction, shall be fined not less than fifty dollars ($50.00).

Any alarm user who, after having a permit suspended/revoked and after exhausting their right to a hearing, fails to disconnect the alarm system, shall be guilty of a violation, and upon conviction, shall be fined not less than one hundred dollars ($100.00).

2. All provisions of the Code of the City of Lowell, as amended which are consistent with this Ordinance, shall continue in effect but all provisions of said Code inconsistent herewith are repealed.

3. This Ordinance shall take effect upon its passage in accordance with the provisions of Chapter 43 and Chapter 44 of Mass. General Laws.