ITEM – A
FALSE
ALARM REGULATION
PREAMBLE – It is determined that the number of false
alarms being made to the Swansea Police Department hinders the efficiency and
lowers department morale. This situation
constitutes a danger to the general public, homeowners, businesses and the
police. The adoption of this by-law will
reduce the number of false alarms and promote responsible use of alarm devices
in the Town of
A.
Terms & Definitions:
1. The term “Burglar Alarm System” means an assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a 110 Volt AC line or low voltage transformer, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. Fire alarm systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premise or an attempted robbery at a premise are specifically excluded from the provisions of this by-law. The provisions of Section F of this by-law shall apply to all users.
2. The term “User” or “System User” means any person who owns or leases an alarm system as provided in this article. The system user shall be responsible for all penalties that may be assessed under Section F of this article.
3.
The term “False Alarm” means (a) the activation of an
alarm system through mechanical failure, malfunction, improper installation or
negligence of the user of an alarm system or his employees or agents; (b) any
signal or automatic dialing device 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, robbery or
burglary, or attempted threat. For the
purposes of this definition, activation of alarms systems by acts of God
including, but not limited to power outages, hurricanes, tornadoes,
earthquakes, and similar weather or atmospheric disturbances shall not be
deemed to be a false alarm.
4.
The term “automatic dialing device” refers to an
alarm system which automatically sends over regular telephone lines, by direct
connection or otherwise, a pre-recorded voice message or coded signal
indicating the existence of the emergency situation that the alarm system is
designed to detect.
B.
Connection of Alarm System to the Police Department:
No alarm
device or system shall be connected to, or use, any telephone line in the
police department, except those lines authorized by the Chief of Police.
C.
Registration:
1.
The Chief of Police is hereby authorized to require
the registration of all burglar alarm systems.
2.
All presently existing burglar alarm system users
shall be required to register the system within sixty (60) days of enactment of
this article. Registration forms will be
available at the Police Department.
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3.
Any person who owns or operates a burglar alarm
device or system shall, as part of the registration procedure, submit to the
Chief of Police the names, addresses and telephone numbers of at least two (2)
other persons who are authorized to respond, after notification by the Police
Department, to an emergency signal transmitted by an alarm system and who can
open the premises wherein the alarm system is installed. It shall be incumbent upon the owner of said
premises to immediately notify the Swansea Police Department of any changes in
the list of authorized employees or other persons to respond to alarms.
4. Self-contained battery operated devices not utilizing an exterior sounder or not connected to elicit a police response need not be registered under this article.
D.
Control and Curtailment of Signals Emitted by Alarm
Devices:
1.
All alarm systems installed after the effective date
of this by-law which use an audible siren, horn or bell shall be equipped with
a device that will shut off such bell, horn or siren within fifteen (15)
minutes after activation of the alarm system.
All existing alarm systems in the Town of
2. Any alarm system emitting a continuous and uninterrupted signal for more than fifteen (15) minutes between 7:00 p.m. and 6:00 a.m. or which continually sounds without legitimate cause during or which continually sounds without legitimate cause during this time period, 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 Paragraph 3 of Section C, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints of continuous or frequent signals, the Police Department shall endeavor to contact the alarm user, or members of the user’s family, or those persons designated by the alarm user in Paragraph 3 of Section C, 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 of each complaint was made.
3.
No alarm system which is designated to transmit
emergency messages or signals of intrusion to the Police Department will be
tested until the Police Dispatcher has been notified.
4.
The user of an alarm system shall be subject to the
provisions of Section F for all intentional false alarms caused by the user,
his family, employees, or agents.
5. The
provisions of this by-law shall not apply to alarm devices or premises owned or
controlled by the Town, nor to alarm
devices installed in a motor vehicle or trailer.
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6.
For a third false alarm in any calendar year, the
Police Chief, shall send a written order
to the subscriber instructing them to:
i.
Have the alarm system inspected by an Alarm Company.
ii.
Review alarm procedures with all employees (if the
premise is a business) or members of the household (if the premise is a
residence).
iii.
Within five (5) days after this order is sent, the
subscriber shall forward to the Chief of Police proof that the alarm system has
been inspected and is in good working order.
iv.
At the third false alarm in any calendar year, the
Police shall send a written notice to the subscriber notifying them that a
subsequent false alarm within the calendar year will be considered a nuisance
alarm violation.
7.
Maintenance of System:
Each subscriber is required to maintain all components of their alarm system in good working order at all times to ensure that the sensory mechanism is adjusted to suppress false indications of hold-ups or intrusions of fire or smoke conditions so that the alarm system will not be activated by impulses due to short flashes of light, wind, noise, vehicular noise or other forces unrelated to genuine alarms.
F. Penalties:
1. The user shall be assessed the below listed fines as a false alarm service fee for each false alarm in excess of three (3) occurring within a calendar year:
1) 4th False Alarm: $50.00
2) 5th False Alarm: $60.00
3) 6th and subsequent False Alarms: $70.00
The
Police Chief shall notify the alarm user either by certified mail or by service
in hand by a Police Officer of such violation and said user shall submit
payment within fifteen (15) days of said notice to the Town of
2. Appeal of assessment charges must be made in writing to the Chief of Police within thirty (30) days of the assessment notice.
3. The Police Chief may waive any of the assessments stated in this section if circumstances warrant such waiver. Reasons for such waiver must be attached to the penalty notice and duly signed by the Chief of Police
4. The
user of a system which occasions six (6) or more false alarms within a calendar
year
or fails to pay the fine after said notice, may be
ordered to disconnect and otherwise discontinue the use of the same by the
Board of Selectmen after a public hearing.
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