False Fire and Police Alarm Bylaw and Related Regulations to be Enforced

Please be advised effective January 1, 2024, Section 16: False Fire and Police Alarm Bylaw and Related Regulations, adopted at the ATM in May 2019, will be enforced. See below for complete bylaw:

Section 16: False Fire and Police Alarm Bylaw and Related Regulations

a) Definitions

False Alarm: Activation of an emergency alarm system installed in or on property owned by an owner/operator other than the Town that signals directly to an emergency department, whether such alarm is activated through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or their employees or agents; provided, however, that alarms caused by power outages, hurricanes, tornadoes, earthquakes, and other similar weather or atmospheric disturbances shall not be deemed to be false alarms; further, repairing an alarm, when documentation is provided to the appropriate emergency 20 department prior to the activation of such alarm in connection with the repair shall not be deemed to be a false alarm.

Emergency Department: Fire Department or Police Department, or dispatch center, as appropriate, with jurisdiction over the type of alarm installed.

Owner/Operator: Owner, lessee, operator, or other person in control of property at, in or on which an alarm system is installed, or owner or lessee of alarm system that signals directly to any emergency department.

b) This bylaw may be enforced by any means available in law or in equity, including in accordance with the provisions of G.L. c.40, §21D, non-criminal disposition, with each day a violation exists constituting a separate violation.

For any false alarm that occurs, the enforcing official shall be the Police Chief or Fire Chief, as appropriate, or their designees, or the Board of Selectmen, and the following fine schedule shall apply:

1. First violation in a calendar year                                          warning
2. Second violation in a calendar year                                     $150.00
3. Third and subsequent violation in a calendar year              $300.00

For any other violation of this bylaw, the enforcing official shall be the Board of Selectmen or its designee, and the following fine schedule shall apply:

1. 1. First offense in a calendar year                                    warning
2. Second offense in a calendar year                                   $50.00
3. Third and subsequent offenses in a calendar year           $100.00

c) All emergency alarm systems shall be registered and approved by the Police or Fire Department, as appropriate, upon installation. No later than 30 days following the effective date of this bylaw, all owners/operators of property with emergency alarm systems already installed, if they have not already done so, shall register their systems with the Sandisfield Police or Fire Department, as appropriate.

d) The owner/operator of the property at which an alarm is installed shall ensure that Berkshire County Dispatch is provided with the 24/7 contact information for the owner/operator and at least one (1) other contact that has full access to the property during emergency situations, and to ensure that this contact information is kept current.

e) The Fire Chief or Police Chief, as appropriate, shall determine that a false alarm has been transmitted. The Police or Fire Chief may waive any of the fines stated in this section if circumstances warrant such waiver. Reasons for any such waiver shall be attached to the violation notice issued to the owner/operator of the property.