Articles
and Sections :
8-1 Authority generally.
8-2 Contracts.
8-3 Monthly report.
8-4 Inspector of animals and slaughtering.
8-5 Inspector of milk.
8-6 Inspector of provisions.
III. FIRE
PREVENTION CODE ADOPTED
8-7 Fire Prevention Code adopted.
IV.
INFLAMMABLES AND EXPLOSIVES
8-8 Flammable Categories; Fees; Licenses
8-9 Annual Renewal; Fee; Revocations;
Transfers.
8-10 Flammables in Excess of Amounts
Provided Under Subsection 8-8; Fees.
8-11 (Reserved).
8-12 Flammables--Applications--Exceptions.
8-13 (Reserved).
8-14 Secondhand storage tanks.
8-15 License required (deleted).
8-16 Covering required--Penalty for
violation.
8-17 Barriers required--Penalty for
violation.
8-1
8-18 Regulations generally.
8-19 (Reserved).
8-20 Establishment.
8-21 Use.
8-22 Authority to assign incinerator site.
8-23 Application for flood insurance.
8-24 False alarm designated.
8-25 Administrator for alarm devices.
8-26 Alarm appeal board.
8-27 Confidentiality.
8-28 Automatic dial alarm--Police department
interconnection.
8-29 False alarm report to administrator.
8-30 False alarm charges--Schedule.
8-31 False alarm charges--Notification and
appeal.
8-32 Alarm user registration required.
8-33 Registration procedure.
8-34 Charges and fees to be paid into
general fund.
8-35 Penalty for violations.
8-36 Nonliability of city.
8-37 Exceptions for alarms on city premises.
8-38 School bus driver requirements.
============================================================
I. BOARD OF
HEALTH
8-1 Authority generally.
The board of health shall make reasonable
health regulations for the city
and shall publish them in accordance with
the provisions of General Laws
Chapter 111, Section 31. The said board
shall issue permits, upon proper
application for the removal of and
transportation of garbage; it shall make
8-2
rules and regulations for the control of the
removal, transportation or
disposal of garbage or other offensive
substances; it shall have jurisdiction
to regulate and control atmospheric
pollution, all as provided for in G.L.
Chapter 111, sec.sec. 31A-31C; and shall
exercise all other functions as
provided by law. (Prior Ch. 12 sec.2).
8-2 Contracts.
The board of health shall make all
regulations for the cleaning of private
cesspools, vaults and privies when public
health is in danger and such
regulations shall contain the condition that
such work shall be performed
to the satisfaction of said board. (Prior
Ch. 12 sec.4).
8-3 Monthly report.
The board shall furnish monthly to the mayor
and city council a report of its
expenditures during the month preceding and
shall in an annual report,
give a detailed statement to the mayor and
city council of its doings and
expenditures for the preceding municipal
year with such information and
suggestions as may be deemed proper or
requested to give. (Prior Ch. 12
sec.9).
8-4 Inspector of animals and slaughtering.
The inspectors of animals and of
slaughtering shall make annual reports to
the city council, which shall contain a
statement of the number and kind of
animals inspected by him, the number and the
result of all prosecutions.
(Prior Ch. 12).
8-5 Inspector of milk.
A. The inspector of milk shall have and
exercise all the powers and
authority and be subject to all the duties
and limitations which the
statute imposes upon or requires of
inspectors of milk.
B. The annual report of said inspector shall
include a statement of the
number of seizures made by him, the places
from which and the
persons from whom the seizures were made;
the number of samples
taken for the purpose of obtaining analyses,
and the result of analyses
made; and the number and result of all
prosecutions. (Prior Ch. 12
sec.12).
8-3
8-6 Inspector of provisions.
A. The inspector of provisions will be the
health inspector or others
designated by the board of health and shall
perform such duties and
have such powers as are prescribed by the
statutes of the
Commonwealth and shall perform such further
duties as may be
required by the board of health.
B. The inspector of provisions shall make an
annual report to the city
council of activities for the preceding
year. (Prior Ch. 12 sec.13).
II.
(Untitled)
8-6B Environmental Tobacco Smoke Ordinance
A. Statement of Purpose:
Whereas conclusive evidence exists that
tobacco smoke causes cancer,
respiratory and cardiac diseases, negative
birth outcomes, irritations to the
eyes, nose, and throat; and whereas the
harmful effects of tobacco smoke
are not confined to smokers but also cause
severe discomfort and illness to
nonsmokers; and whereas environmental
tobacco smoke [hereinafter ETS],
which includes both exhaled smoke and the
side stream smoke from burning
cigarettes, causes the death of 53,000
Americans each year; and whereas in
2000, the Public Health Service's National
Toxicology Program listed
environmental tobacco smoke as a known human
carcinogen (U.S. DHHS,
2000, citing Cal. EPA, 1997), now,
therefore, the City of Woburn recognizes
the right of those who wish to breathe
smokefree air and establishes this
ordinance to protect and improve the public
health and welfare by prohibiting
smoking in public places.
B. Definitions:
For the purposes of this ordinance, the
following words shall have the
meanings respectively ascribed to them by
this paragraph:
Board: The Board of Health of the City of
Woburn.
Health Care Facility: Any office or
institution providing care or treatment of
diseases, whether physical, mental or
emotional, or other medical,
physiological or psychological conditions
including but not limited to
rehabilitation hospitals or other clinics,
including weight control clinics, nursing
homes, homes for the aging or chronically
ill, laboratories, offices of any
surgeon, chiropractor, physical therapist,
physician, dentist and all specialists
within these professions.
Indoor Sports Arena: Any sports pavilions,
gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice
rinks, bowling alleys and other similar
recreational facilities where members of the
general public assemble either to
engage in physical exercise, participate in
athletic competition, or witness
sports events.
Person: Any person, firm, partnership,
association, corporation, company or
organization of any kind including, but not
limited to an owner, operator,
manager, proprietor or person in charge of
any building, establishment,
business, or restaurant or retail store, or
the agents or designees of any of the
foregoing.
Pouring License: A Section 12 License, as
defined by the Massachusetts
Alcoholic Beverages Control Commission, that
permits the sale of alcoholic
beverages to be drunk on the premises.
Private Clubs: A not-for-profit
establishment with a defined membership.
Public Place: Any building or facility
owned, leased, operated or occupied by
the municipality, including school buildings
or grounds; any area open to the
general public including, but not limited
to, libraries, museums, theaters,
auditoriums, indoor sports arenas and/or
recreational facilities, inns, hotel and
motel lobbies, educational facilities,
shopping malls, public restrooms,
lobbies, staircases, halls, exits,
entrances, elevators accessible to the public,
and licensed child-care locations.
Public Transportation: Buses, taxis, and
other means of transportation
available to the general public while such
means of transportation is operating
within the boundaries of the town including
indoor platforms by which such
means of transportation may be accessed.
Restaurant: Any coffee shop, cafeteria,
sandwich stand, private and public
school cafeteria, and other eating
establishment which gives or offers food for
sale to the public, guests, or employees for
on-premises consumption, as well
as kitchens in which food is prepared on the
premises for serving elsewhere,
including catering facilities.
Retail Food Store: Any establishment
commonly known as a supermarket,
grocery store, bakery, or convenience store
in which the primary activity is the
sale of food items to the public for
off-premises consumption.
Retail Store: Any establishment whose
primary purpose is to sell or offer for
sale to consumers, but not for resale, any
goods, wares, merchandise,
articles or other things, including retail
food stores. "Retail store" shall not
include restaurants as defined herein.
Smoking: Inhaling, exhaling, burning or
carrying any lighted cigar, cigarette,
or other tobacco product in any form.
C. Posting Notice of Prohibition:
Every person having control of premises upon
which smoking is prohibited by
and under the authority of this ordinance
shall conspicuously display upon the
premises "No Smoking" signs
provided by the Massachusetts Department of
Public Health and available from the Woburn
Board of Health or the
international "No Smoking" symbol
(consisting of a pictorial representation of
a burning cigarette enclosed in a red circle
with a red bar across it) and
comparable in size to the sign provided by
the Massachusetts Department of
Public Health and available from the Woburn
Board of Health.
D. Smoking Prohibited:
No person shall smoke nor shall any person,
employer, or other person
having control of the premises upon which
smoking is prohibited by this
ordinance, or the agent or designee of such
person, permit a person to smoke
in any of the following places as defined
herein: health care facilities, public
places, public transportation, retail food
stores, restaurants and retail stores
except as otherwise provided in Paragraph E
of this ordinance.
Additionally, no person shall smoke in any
place in which a sign conforming to
the requirements of Paragraph C of this
ordinance is posted. No person shall
remove a sign posted under the authority of
Paragraph C of this ordinance.
E. Exceptions:
Notwithstanding the provisions of Paragraph
D of this ordinance, smoking
may be permitted in the following places
and/or circumstances:
I. Private residences, except those portions
used as a child care or health
care office when operating as such.
II. Hotels and motels shall designate a
minimum of 75% of their rooms
rented to guests as non-smoking rooms. The
rooms so designated will
have signs posted indicating that smoking is
prohibited therein. Room
designation information will be provided to
the Woburn Board of Health.
III. Hotel and motel conference/meeting
rooms and private and public
assembly rooms while these places are being
used for private functions.
IV. Private or semiprivate rooms of nursing
homes and long term care
facilities, occupied by one (1) or more
patients, which are separately
ventilated and all of whom are smokers who
have requested in writing to
be placed in rooms where smoking is
permitted.
V. Retail tobacco stores, which are
primarily for the sale of tobacco
products and paraphernalia, in which the
sale of other products is merely
incidental, prohibit minors from entering
the establishment and are not
required to possess a retail food permit.
VI. Private clubs (except when the private
club is open to the public).
F. Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the
foregoing Paragraph E of this
ordinance, nothing in this ordinance shall
be deemed to amend or repeal
applicable fire, health or other regulations
so as to permit smoking in areas
where it is prohibited by such fire, health
or other regulations.
G. Violations:
Any person who violates this ordinance shall
be subject to a written for a first
offense, one hundred dollars ($100) for a
second offense within one year of
the date of the first offense and two
hundred dollars ($200) for a third or
subsequent offense within one year of the
date of the first offense.
H. Enforcement:
Whoever violates any provision of this
ordinance, the violations of which is
subject to a specific penalty, may be
penalized by the non-criminal method of
disposition as provided in Massachusetts
General Laws, Chapter 40, Section
21D or by filing a criminal complaint at the
appropriate venue.
Each day on which any violation exists shall
be deemed to be a separate
offense. Violations by establishments
holding a Pouring License will be
reported to the city’s Licensing Commission.
Penalty: A warning for first offense $100
for second offense within one year
from the date of the first offense $200 for
third or subsequent
offense within one year from the date of the
first offense
Enforcing persons: Woburn Police Department
Woburn Board of Health and its designees
One method of enforcement may be periodic,
unannounced inspections of
those establishments subject to this
ordinance. Any citizen who desires to
register a complaint under this ordinance
may request that the Board of
Health initiate enforcement.
I. Severability:
If any paragraph or provision of this
ordinance is found to be illegal or against
public policy or unconstitutional, it shall
not affect the legality of any remaining
paragraphs or provisions.
J. Effective Date: This ordinance shall go
into effect _____, 2001.
(Added 3/28/2001)
III. FIRE
PREVENTION CODE ADOPTED
8-7 Fire Prevention Code adopted.
The Fire Prevention Code of the American
Insurance Association, 19th
Edition, is adopted in its entirety as the
fire prevention code of the city,
except as to such positions as are modified
or deleted by regulation 4 of
the fire prevention code of the city. (Prior
Ch. 11 sec.22).
IV.
INFLAMMABLES AND EXPLOSIVES
8-8 Flammable Categories; Fees; Licenses.
A. Any Class A Flammable Fluids, as defined
in 527 CMR
14.02:(2)(a), in an amount exceeding 156
gallons to 4,999 gallons:
$120.00.
B. Any Class B Flammable Fluids, as defined
in 527 CMR
14.02:(2)(b), in an amount exceeding 500
gallons to 4,999 gallons:
$120.00.
C. Any Class C flammable Fluids, as defined
in 527 CMR 14.02:(2)(c),
in an amount exceeding 1000 gallons to 4,999
gallons: $120.00.
D. Any Flammable Solids, as defined in 527
CMR 14.02:(1), in an
amount exceeding 100 pounds: $120.00.
E. Any Flammable Gas, as defined in 527 CMR
14.02:(1), in an
amount exceeding 3000 cubic feet or 88.44
gallons within a
building: $120.00.
8-4
F. Any Flammable Gas, as defined in 527 CMR
14.02:(1), in an
amount exceeding 72.780 cubic feet or 2000
gallons outside a
building: $120.00.
G. Any Class A Explosive, as defined in 527
CMR 13.03:(2)(a), in an
amount not exceeding 100 pounds: $120.00.
H. Any Class A Explosive, as defined in 527
CMR 13.03:(2)(a), in an
amount exceeding 100 pounds: $150.00.
I. Any Class B Explosives, as defined in 527
CMR 13.03:(2)(b), in an
amount not exceeding 100 pounds: $120.00.
J. Any Class B Explosives, as defined in 527
CMR 13.03:(2)(b), in an
amount exceeding 100 pounds: $150.00.
K. Any Class C Explosives, as defined in 527
CMR 13.03:(2)(c), in an
amount exceeding 60,000 rounds of small arms
ammunition:
$150.00; under 60,000 rounds: $120.00.
The above fees are established for original
licenses and for a Certificate of
Registration, renewable annually, as
provided for by General Law Ch.
146, 13, as amended. The Certificate of
Registration fees are payable on
or before April 30 in each year. In
addition, each applicant for new or
increased storage shall submit a $100.00
application fee for advertising
and processing costs. (Prior Ch. X, sec.2;
Ord. dated 04/10/87, eff.
05/01/87).
8-9 Annual Renewal; Fee; Revocations;
Transfers.
Licenses granted under Section 8-8, above
are subject to annual renewal
by a Certificate of Registration. Such
Certificates shall be issued by the
City Clerk only after payment of the fees
prescribed in Section 8-8. Failure
to notify the City Clerk of any changes in
storage or discontinuances of
storage shall not relieve the licensee of
renewal fees. Failure to pay the
said fees, or failure to notify the City
Clerk, before April 30 of each year, of
changes in storage, shall result in a
doubling of the required fees; such
failure from year to year shall result in
cumulative fees, and possible
revocation after notice by the City Council.
Where a licensee intends to
convey the licensed premises, the new owner
or occupant must pay as a
transfer fee one-half of the current
chargeable fees to cover costs of
processing and recordkeeping. No transfer of
a license to any other
person or entity is allowed, nor a transfer
to another location, without the
approval of the City Council. (Prior Ch. X,
sec. 2C, 3, 3A and 3B; Ord.
dated 04/10/87, eff. 05/01/87).
8-10 Flammables in Excess of Amounts
Provided Under Subsection 8-8; Fees.
A. Flammable Fluids in excess of 4,999
gallons are licensed at $10.00
8-5
per 1,000 gallons additional or portion
thereof, whether for a new
license or for a Certificate of
Registration;
B. Flammable Gases in excess of 3,000 cubic feet
or 82.49 gallons
within a building, or 72,780 cubic feet or
2,000 gallons outside a
building are licensed at $100.00 per 1,000
cubic feet additional or
portion thereof, whether for a new license
or for a Certificate of
Registration;
C. Flammable Solids in excess of 100 pounds
are licensed at $100.00
per 100 pounds additional or portion
thereof, whether for a new
license or for a Certificate of
Registration. (Prior Ch. X, sec.sec.2A
and 2B; Ord. dated 04/10/87, eff. 05/01/87).
8-11 [Reserved]
8-12 Inflammables--Application--Exceptions.
All provisions of Sections 8-8 - 8-10,
above, shall not apply to the storage
of fuel oil products used for household
storage tanks or for apartment
storage tanks. (Prior Ch. 10 sec.2B; see
Ord.dated 04/10/87; eff.
05/01/87).
8-13 [Reserved]
8-14 Secondhand storage tanks.
A. No secondhand storage tank can be
installed, fuel-chemical, in the
city, in industrial areas, aboveground or
underground.
B. Violation will result in a
three-hundred-dollar fine and mandatory
removal. (Prior Ch. 22 sec.11(b)).
V. BLASTING
8-15 License required.
Deleted (Prior Ch. 30 sec.5); deleted
5/9/97).
VI.
ABANDONED WELLS
8-16 Covering required--Penalty for
violation.
A. By virtue of the authority in the city
council of the city by Chapter
40, Section 21, as amended by subsection 20,
effective June 11th,
8-6
1954, General Laws of the Commonwealth of
Massachusetts, it is
ordered as set out in this section:
B. Owners, or owner of land located within
the boundaries of the city
whereon is located an abandoned well, or
well in use, are ordered
to either provide a covering for such wells
which is capable of
sustaining weight of three hundred pounds,
or else in the case of
an abandoned well, fill the same to the
level of the ground
surrounding.
C. Failure to comply with this section shall
be penalized by a fine of
not less than one hundred dollars and not
more than five hundred
dollars. (Prior Ch. 30 sec.3).
VII.
DANGEROUS EXCAVATIONS
8-17 Barriers required--Penalty for
violation.
A. Owners of land which has been excavated
are required to erect
barriers or take other suitable measures
within two days after such
owners have been notified in writing by the
mayor and the city
council that in their opinion such
excavation constitutes a hazard to
public safety.
B. The penalty for any violation of this
section is two hundred dollars.
(Prior Ch. 30 sec.6).
VIII.
DUMPSTERS
8-18 Regulations generally.
A. Each dumpster must be located at a
distance inside the lot line of
the owner or agent being serviced so as not
to interfere with the
safety, convenience or health of abutters or
residents. (amended
12/16/97).
B. When deemed necessary by the fire
department, it may be required
that a dumpster be enclosed or screened.
C. Dumpsters shall not be filled after
eleven p.m. for residential
property, and at the close of the business
day for commercial
8-7
property, at which time the lids are to be
locked. Lids must be
closed at all other times when dumpster is
not in use.
D. Each dumpster must be of sufficient size
and capacity to eliminate
overflowing, and the property owner or
authorized agent of the
premises utilizing the service must
immediately empty the contents
when full.
E. Each dumpster must be situated so as not
to obstruct the view of
flowing traffic.
F. It shall be the responsibility of the
property owner or agent being
serviced to maintain the dumpster and the
dumpster area free of
scattered debris, overflowing and all other
nuisances.
G. The contractor shall have his/her name
and business telephone
number conspicuously displayed on the
dumpster.
H. The emptying of the dumpster contents by
the contractor shall not
commence before seven a.m.
I. These regulations shall apply to all
dumpsters in the city, whether
for residential or commercial, or industrial
use.
J. Any person, firm or corporation violating
any provision of this
section shall be subject to a fine of not
less than five dollars nor
more than twenty-five dollars for each
offense and a separate
offense shall be deemed committed on each
day or on which a
violation occurs or continues.
K. It shall be the responsibility of the
fire department to enforce the
provisions of this section. (Prior Ch. 22
sec.13).
IX.
SANITARY LANDFILLS
8-19 (Reserved)
8-20 Establishment.
A. There shall not be deposited in any open
sanitary landfill, any
waste material which in the opinion of the
board of health may
become a menace to health or property. No
sanitary landfill shall be
8-8
maintained unless and until permission from the
board of health
may prescribe. Upon assignment by the board
of health of an area
as a dumping ground as provided by General
Laws Chapter 111,
Section 150A and subject to zoning laws, it
shall be subject to
approval by the city council with respect to
any conditions or
limitations to the extent, character, and
method of operation which
shall be stated in a permit issued by the
city council, subject to prior
state approval.
B. Before passage, a public hearing shall be
held, after publication of
the aforesaid hearing on two successive
weeks, the first publication
to be at least twenty-one days before final
passage. (Prior Ch. 12
sec.6).
8-21 Use.
The sanitary landfill shall be used
exclusively by city residents with the
execution that outside contractors deriving
materials from city residents'
homes be allowed to use said sanitary
landfill, the fee for which use to be
established by the city council or the board
of health. (Prior Ch. 12
sec.6A).
8-22 Authority to assign incinerator site.
The board of health shall have the power to
assign a site as a sanitary
landfill for garbage, rubbish and other
refuse or for a refuse disposal
incinerator, subject to the provisions of
Massachusetts General Laws Ch.
111, sec.150A. The board shall also have
power to rescind, suspend or
modify such assignment after due notice and
hearing, subject to
Massachusetts General Laws, Ch. 111,
sec.150A. No public or private
premises within the limits of the city shall
be used as a sanitary landfill
without a permit from the board of health.
(Prior Ch. 12 sec.5).
X. FLOOD
HAZARD PROTECTION
8-23 Application for flood insurance.
A. The City Council assures the Federal
Insurance Administration that
it will enact as necessary, and maintain in
force those areas having
flood or mudslide hazards, adequate land use
and control
measures with effective enforcement
provisions consistent with the
8-9
criteria set forth in Section 1910 of the
National Flood Insurance
Program Regulations; and
B. The City Council appoints the city
engineer with the responsibility,
authority and means to:
1. Delineate or assist the administrator, at
his request, in
delineating the limits of the areas having
special flood and/or
mudslide hazards on available local maps of
sufficient scale to
identify the location of building sites,
2. Provide such information as the
administrator may request
concerning present uses and occupancy of the
floodplain and/or
mudslide area, M
3. Maintain for public inspection and
furnishing upon request, with
respect to each area having special flood
hazards, information
on elevations (in relation to mean sea
level) of the lowest floors
of all new substantially improved
structures, and
4. Cooperate with federal, state and local
agencies and private
firms which undertake to study, survey, map
and identify
floodplain and/or mudslide areas, and
cooperate with
neighboring communities with respect to
management of
adjoining floodplain and/or mudslide areas
in order to prevent
aggravation of existing hazards,
5. Submit on the anniversary date or the
community's initial
eligibility an annual report to the
administrator on the progress
made during the past year within the
community on the
development and implementation of floodplain
and/or mudslide
area management measures;
C. The City Council will take such other
official action as may be
reasonably necessary to carry out the
objectives of the program;
D. The City Council hereby appoints the city
engineer with the overall
responsibility, authority and means to
implement all commitments
made herein. (Prior Ch. 30 sec.8).
XI. ALARM
REGULATIONS
8-24 False alarm designated.
A false alarm shall be any activation of an
alarm to which the police
department responds and which is not caused
by a criminal act, fire or
other emergency, except an activation caused
by:
8-10
(1) malfunction of telephone company
equipment or lines off
premises as verified by monitoring
facilities at police
headquarters, or
(2) power failure as verified by the
administrator. A series of such
activations attributable to the same cause
and occurring under
circumstances beyond the control of the
responsible alarm
user shall be deemed a single false alarm.
(Ord. dated 5/24/85
(a): prior Ch. 4 6(A)[part]).
8-25 Administrator for alarm devices.
There shall be in the city, an administrator
for alarm devices who shall
have the powers and duties granted under
these regulations. The chief of
police or his designee shall be the
administrator of these regulations. (Ord.
dated 5/24/85 (b): prior Ch. 4
sec.6(A)[part]).
8-26 Alarm appeal board.
The Alarm Appeal Board shall be made up of
the three (3) members of the
Committee on Police and License. Ord. dated
5/24/85 (c): prior Ch. 4
sec.6(A)[part]; amended 5/8/98).
8-27 Confidentiality.
All information in the possession of the
administrator, for alarm devices
concerning particular alarm users and
particular communication method
shall be confidential and shall not be
divulged without the written consent
of the alarm user of users concerned. (Ord.
dated 5/24/85 (d): prior Ch. 4
sec.6(A)[part]).
8-28 Automatic dial alarm--Police department
interconnection.
No automatic dial alarm may be installed
after the effective date of the
ordinance codified in this part without
communication device approval of
the administrator. Within six months after
the effective date of the
ordinance codified in this part, all
automatic dial alarms presently in use
shall be reprogrammed to dial a designated
number with the police
department. The automatic dial alarm shall
be regulated so as not to
repeat the message more than two times.
Service for having automatic
dial alarm reprogrammed and regulated shall
be at the user's expense.
(Ord. dated 5/24/85 (e): prior Ch. 4
sec.6(A)[part]).
8-11
8-29 False alarm report to administrator.
Police personnel shall report false alarms
to the administrator. (Ord.
dated 5/24/85 (f): prior Ch. 4
sec.6(A)[part]).
8-30 False alarm charges--Schedule.
A. When the administrator determines that
the police department has
responded to a false alarm the administrator
shall impose a charge
on the responsible alarm user according to
the following schedule:
1. For the first three false alarm responses
within the calendar year,
no charge; 2. For the fourth and subsequent
of such false alarms,
twenty-five dollars each alarm response.
B. In addition to the provisions of this
section there shall be no charge
for the first false alarm occurring within
one month after installation
of an alarm device, and such false alarm
shall not be considered in
determining charges in accordance with the
schedule set forth in
this section (Ord. dated 5/24/85 (g): prior
Ch. 4 sec.6(A)[part]).
8-31 False alarm charges--Notification and
appeal.
A. The administrator shall notify the
responsible alarm user of any
false alarm charge by mail. Within thirty
days after the mailing of
such notice, the alarm user may file with
the administrator,
information to show that the alarm was not a
false alarm within the
meaning of these regulations.
B. The administrator shall consider such
information, reaffirm or
rescind the false alarm charge, and notify
the alarm user of his
decision by mail. Within thirty days after
the mailing of such notice,
the alarm user may file an appeal, in
writing to the appeal board.
C. Appeal to the Alarm Appeal Board. Upon
receipt of a timely appeal
from a false alarm charge, the alarm appeal
board shall hold a
hearing to consider it and shall mail notice
of the time and place of
said hearing to the alarm user taking the
appeal at his last known
address at least fifteen days before the
hearing. On the basis of
information provided by the alarm user and
other information
introduced at the hearing, the appeal board
shall affirm the charge
if it finds that the charge was properly
imposed or rescind the
charge if the charge was not properly
imposed.
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D. Notice to Include Instructions. Each
notice of false alarm charge or
the reaffirmation of such a charge by the
administrator shall refer to
and provide instructions concerning the
alarm user's right to further
recourse by filing information with the
administrator or an appeal
with the alarm appeal board, as the case may
be.
E. False Alarm Charge. The false alarm
charge need not be paid until
the user has exhausted his right of appeal.
The false alarm charge
then must be paid within thirty days from
the date of the hearing,
and if not paid, will be subject to the same
late charges as the Real
Estate Tax Bill effective on the date of the
hearing. (Ord. dated
5/24/85 (h): prior Ch. 4 sec.6(A)[part]).
8-32 Alarm user registration required.
Each alarm user shall register his alarm
device or devices with the
administrator prior to use; provided, that
the alarm devices in use as of the
effective date of the ordinance codified in
this part may be registered no
later than sixty days from such date. (Ord.
dated 5/24/85 (i): prior Ch. 4
sec.6(A)[part]).
8-33 Registration procedure.
A. Alarm device registration shall be
accomplished by filling out a form
provided by the administrator to include
such information
concerning the identity of the prospective
alarm user, the identity of
the alarm user's contractors, if any, and
the nature of the proposed
communication method, as the administrator
may require.
B. It shall be in the responsibility of each
alarm user to notify the
administrator in writing of changes in
registration information. (Ord.
dated 5/24/85 (j): prior Ch. 4
sec.6(A)[part]).
8-34 Charges and fees to be paid into
general fund.
Charges for false alarms will be collected
by the administrator and placed
in the general fund. (Ord. dated 5/24/85
(k): prior Ch. 4 sec.6(A)[part]).
8-35 Penalty for violations.
Any person who performs or causes to be
performed any of the following
acts shall be subject to a fine of up to one
hundred dollars for each such
act:
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A. Intentional causing of a false alarm;
B. Failure to register an alarm device or
give notice of changes in
registration information as required by this
part;
C. Use of automatic dial alarm or an
exterior audible alarm device in
violation of the provisions of this part.
(Ord. dated 5/24/85 (l): prior
Ch. 4 sec.6(A)[part]).
8-36 Nonliability of city.
Notwithstanding the provisions of these
regulations, the city, its
departments, officers, agents and employees
shall be under no obligation
whatsoever concerning the adequacy,
operation or maintenance of any
alarm device or of the alarm monitoring
facilities at police headquarters.
No liability whatsoever is assumed for the
failure of such alarm devices or
monitoring facilities, or for failure to
respond to alarms or for any other act
or omission in connection with such alarm
devices. Each alarm user shall
be deemed to hold and save harmless the
city, its departments, officers,
agents and employees from liability in
connection with the alarm user's
alarm device. (Ord. dated 5/24/85 sec.(m):
prior Ch. 4 sec.6(A)[part]).
8-37 Exceptions for alarms on city premises.
The provisions of these regulations shall
not apply to alarm devices on
premises owned or controlled by the city,
nor to alarm devices installed in
a motor vehicle or trailer.(Ord. dated
5/24/85 sec.(n): prior Ch. 4
sec.6(A)[part]).
8-38 School Bus Driver Requirements
A. All school bus drivers operating within
City limits with passengers
under the age of 12 years old are required
to walk the length of the
interior of the bus after the last stop of
their route. Drivers are required
to carefully inspect each seat on the bus to
ensure that every
passenger has exited the bus before the
driver may depart the bus.
B. All municipal departments that utilize
school buses for the
transportation of children under the age of
twelve (12) years old shall
be furnished a copy of this ordinance. It is
the responsibility of said
municipal departments that any and all bus
companies providing
services to, through or under their
department be furnished a copy of
this ordinance.
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C. The penalty for any violation of this
section shall be not less than
$500.00.
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