The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Audible Alarm Device: Any alarm device which produces an audible signal at the premises where it is installed, whether by means of bells, horns, sirens, or other mechanism, thereby notifying persons within audible range of the signal that police should be notified.
(b) Central Alarm Station: Any facility which is manned at all times by trained operators employed to receive, record and validate alarm signals and to relay information about validated signals to the police radio dispatch room when appropriate.
(c) Direct Alarm Station: Any alarm device or system which transmits, by whatever means, its alarm signal from the location of the alarm to the police radio dispatch room or other police dispatch facility without the last step in the transmission process being a live voice capable of two-way communication. This definition includes automatic telephone alarm devices connected to emergency line “911” or other telephone numbers.
(d) False Alarm: Any alarm signal originating from a police alarm device, fire alarm device, direct alarm device or audible alarm device to which the police or fire department respond and which results from:
(1) False activation, including, but not limited to, reporting a robbery where no actual or attempted robbery has occurred, or reporting a burglar alarm where there is no evidence to substantiate an attempted or forced entry to the premises.
(2) Alarm malfunction, including mechanical failure or electrical failure.
(3) Alarm triggered by subscriber's negligence, including overly sensitive settings.
(e) Fire Alarm Device: Any device which, when activated by smoke, intense heat, fire or other stimuli transmits a prerecorded message or other signal by telephone, radio or other means to a central alarm station.
(f) High Risk Enterprise: Any person so designated by a board comprised of the Chief of Police, Fire Chief, and City Clerk. Factors to be considered by the board in determining a high risk enterprise shall include, but not be limited to, the following:
(1) Type of business;
(2) Type of location to be protected;
(3) Purpose of the alarm device;
(4) Type of inventory.
(g) Licensee: Any person who has, because of the operation of a central alarm station, become subject to the license requirements of this chapter.
(h) Permittee: Any person who has, because of the use of a police alarm device, fire alarm device or audible alarm device, become subject to the permit requirements of this chapter.
(i) Police Alarm Device: Any device which, when activated by the victim of a hold up or robbery at a specific location, by forced entry into a premises, or by other stimuli, transmits a prerecorded message or other signal by telephone, radio, or other means to a central alarm station, or to any other location from which such message to other signal might be monitored.
(a) It shall be unlawful for any person to sell, lease, install, maintain or have in operation on his premises in the city any direct alarm device unless such person qualified as a high risk enterprise. Central alarm systems shall be required to have a direct alarm device. Direct dial alarm devices connected to emergency line “911” or other telephone numbers shall not be permitted under this section.
(b) Application for consideration of designation as a high risk enterprise shall be made on a form provided by the Chief of Police. The application shall contain all requested information, including, but not limited to, the following:
1. The name, address and telephone number of the applicant;
2. The type and purpose of the alarm device to be installed and its location;
3. The installer of the device;
4. The address of the premises in which the device is to be installed;
5. A list of the subscribers served if the direct alarm is for a central alarm system; and
6. The names of three (3) persons to be notified in the event the alarm is activated.
(c) The application shall be accompanied with the annual fee of $5.00. The annual fee shall not be prorated, and is nontransferable and nonrefundable. If the application is approved, the authorization shall expire on December 31 of each year. Renewal for the direct alarm device authorization shall be made in the same manner. The application shall be returned if the application for designation as a high risk enterprise is denied. Decisions of the board consisting of the City Clerk, Chief of Police, and Fire Chief may be appealed by the Governing Body within thirty (30) days upon written request of the applicant.
(a) All materials and labor necessary to make the connection between the private direct alarm system and the terminal point in the police department shall be furnished by the user at its own expense. The user shall furnish the Chief of Police with a set of written specifications adequately describing the equipment and placement of the alarm system. Provided, that all equipment and materials used in installation shall be subject to approval by the Chief of Police. After installation, no change, modification or alteration of the equipment shall be made unless and until the alarm company furnishes additional written specifications showing such changes.
(b) No person shall adjust, repair, remove, inspect or otherwise tamper with any portion of such equipment unless said person presents authorized identification to show that he is qualified and authorized to do so by the user.
(a) It shall be unlawful for any person to intentionally cause the transmission of an alarm which he knows to be a false alarm.
(b) For the unintentional transmission of a false alarm, there shall be imposed against the licensee of a Central Alarm Station a charge of $10.00 for each false alarm exceeding six (6) per calendar year for an individual use permittee serviced by the Central Alarm Station.
(c) For the unintentional transmission of a false alarm use permittees having an alarm device termination at a location other than a licensed central alarm station within the City of Andover shall also be charged at the rate of $10.00 for each false alarm exceeding six (6) per year per user.
(d) For the purposes of the foregoing provisions, a use permittee is a lessee, occupant or tenant of the premises from which the false alarm originated. Whenever the City Clerk determines that a charge shall be made pursuant to this subsection, a bill and notice shall be sent to the use permittee at his last known address, stating the amount owed, the reason therefore, and the date payment is due. All billings for false alarms pursuant to this subsection shall be due 30 days following the date of mailing.
A permittee or one of his representatives as designated in Section 5-212 shall respond to the location where an alarm originated within twenty (20) minutes following a request by the police department, or provide for such response by a person, firm or corporation licensed to provide a central alarm service.
Any use permittee or licensee must have inspected the alarm or alarm system on his premises after each activation thereof to ensure proper operation.
The Chief of Police or Fire Chief shall have the right to cause an inspection of such system to be made at any time after issuance of a permit to determine whether it is being used in conformity with the terms of the permit and the provisions of this article.
The Chief of Police promulgate additional rules and regulations that may reasonably be necessary for purposes of assuring the quality, efficiency, and effectiveness of police alarm devices, fire alarm devices and alarm installations owned, operated, maintained or installed for a licensee or permittee under this chapter and of administering and enforcing the provisions of this chapter.
Nothing in this chapter shall construed as relieving or lessening liability of any person, firm or corporation for damages for malfunction or other failure of any alarm device or damages to anyone injured thereby, nor shall the City be held as assuming liability by reason of the inspection authorized herein, licenses and permits issued pursuant to the provisions hereof, or failure of any alarm device.
(a) It shall be unlawful for any person to operate a central alarm station without first obtaining a license therefor. Said license shall be (assessed in the amount) of an annual fee of $25.00 and shall expire on December 31 each year. Renewals shall be completed in the same manner as the original license. The annual fee shall not be prorated, is nontransferable and nonrefundable.
(b) Applications for a license under this section shall be filed with the City Clerk on a form provided by her. The applications shall contain all requested information, including, but not limited to:
(1) The name, address, and telephone number of the applicant, the purpose for which the license is required;
(2) A list of subscribers to the alarm service; and
(3) The persons currently employed to install the devices and their addresses and telephone numbers.
(c) The applications shall be reviewed by the Chief of Police or his representative, and recommended for approval or denial to the Governing Body. In review of an application, consideration shall be given to the protection of the public safety and welfare.
(a) It shall be unlawful for any person to install on his premises or have installed on his premises a police alarm device, audible alarm device, fire alarm device or system of such devices without first obtaining a permit therefor. Said permit to be a one-time fee of $5.00 for each alarm device.
(b) Applications for a permit under this section shall be filed with the Chief of Police on a form provided by him. This application shall contain all requested information including, but not limited to:
(1) The name, address, and telephone number of the applicant;
(2) The type of alarm device to be installed and its location;
(3) The installer of the device;
(4) The address of premises in which the device is to be installed; and
(5) The names of three (3) persons to be notified in the event the alarm is activated.
(a) A license or permit issued pursuant to the provisions of this article may be revoked by the Governing Body if it is determined that said licensee or permittee is:
(1) In violation of any of the provisions of this chapter;
(2) In violation of any of condition of the license or permit;
(3) In violation of any published rule or regulation the City Administrator may promulgate; or
(4) For failure to pay a charge which is due and owing.
(b) No license or permit shall be revoked without granting the licensee or permittee an opportunity for a hearing and at least ten (10) days written notice sent to his or her last known address of the hearing and a concise written statement of the alleged violations.
(c) Upon revocation of a permit, the former licensee or permittee shall discontinue, within ten (10) days thereafter, the active connection of his alarm or alarm system with any central alarm station and/or the police radio dispatch room, if such a connection exists. A former licensee or permittee shall remove any and all of his equipment at the police department used in making such connection. The maintenance of any such connection beyond the period herein specified shall be unlawful.