PUBLIC SAFETY
601.00 Public Ways
601.01 No person shall leave any vehicle, coal, wood, or other
obstruction in any street, and suffer the same to remain there over night without maintaining a sufficient light over or near the same throughout the night.
601.02 No person, without lawful authority to do so, shall dump, deposit, place or drop nor otherwise allow to be deposited and allow to remain on any public or private land, public or private way, within the Town, any rubbish, refuse, garbage, dirt, ashes, stones, gravel, tacks, bottles, glass, hoops, wood, boards, shavings, sawdust, excrement, or filth of any kind, nor any noxious or refuse liquid, or any solid substance or matter. Any person found in the act of violating this section may be arrested without a warrant by any officer authorized to serve criminal process.
a. No person without lawful authority to do so, shall dump,
deposit, place throw or drop, nor cause nor allow to so do, snow and/or ice in any or on any public or private way within the Town.
b. No person shall maintain or allow to be maintained upon his premises or property, or upon property or premises under his control, any excessive amount of litter, paper, cans, bottles, discarded materials or other waste and refuse. An excessive amount of said materials shall be considered in existence when the same is carried by wind or otherwise migrates from its source to the property of another or to a public way or way upon which the public has a right of access or lies dormant on the property more than twenty-four (24) hours without being stored in a proper receptacle. It shall be the responsibility of private property owners and/or persons under the control of such property to regularly maintain such property to prevent an
excessive amount of litter build up; in instances where such litter is directly attributable to commercial and/or business and/or industrial uses. Persons failing to comply with this section shall be determined as maintaining a public nuisance and shall be liable for fine not more than three hundred dollars ($300.00) and not less than two hundred dollars ($200.00) per conviction. The court may require in addition, that such person remove at his own expense, such trash, refuse, rubbish or materials.
C. For controlling and abating noise from whatever source
including, but not limited to Street Sweeping of Parking Lots, Pick-up/delivery of Dumpsters, Trash Collection, Outside
Operation of Machinery/Power Equipment, Pick-up/delivery by Trucks/Tractor Trailers except for the delivery of newspapers.. As authorized by Massachusetts General Laws Chapter 40 Section 21, Subsection (22). This by-law shall not limit the Board of Selectmen's authority to restrict hours of operations under its license authority. Such operations/activities shall be prohibited between the hours after 10:00 P.M. or prior to 7:00 A.M. Exceptions to this regulation may be granted by a vote of the Saugus Board of
Selectmen, or in case of Emergency Repairs/Weather related
Emergencies/snow removal, flooding, power failures.
Those persons found in violation of this by-law shall forfeit and pay for each offense a fine of Two Hundred ($200.00) dollars.
(Article 8 of the 2003 Special Town Meeting held on January 27, 2003)
Article 37 of the October 27, 2008 Special Town Meeting held on November 17, 2008)
D. No fee shall be established for curbside rubbish removal or
Recycling without the establishment of a by-law establishing such fee and the enforcement of such fee. This provision shall not apply to yard wasted, heavy items, white good or household hazardous waste.
(Article 25 of the 2004 Annual Town Meeting held on May 3, 2004)
601.03 No person shall tie a horse or other animal to any tree, nor to any structure protecting such a tree, in any street or public place.
601.04 No person shall pasture any cattle or other animals in any street.
601.05 No person shall permit or suffer any horse or other animal or any vehicle, belonging to him, or under his charge, to stand or stop upon any crosswalk in this Town, for any purpose except the taking up or setting down of passengers, nor for a longer time than shall be necessary for such purpose.
601.06 No owner or person for the time being having the care or use of any horse or other beast of burden, carriage or draught, shall ride, drive or permit the same to travel at a faster rate than nine miles an hour in any street or public place in this Town.
601.07 No driver of a vehicle shall permit the same to remain
backed to the curb, except when actually loading and unloading.
601.08 Unless in an emergency, or to allow another vehicle or
pedestrian to cross its way no driver of a vehicle shall stop the same in any street except close to the sidewalk line nor in such a way as to obstruct any street or crossing.
601.09 No driver of a vehicle shall stop or stand the same within
the intersection of any street, nor within twenty (20) feet of a street corner, nor within ten (10) feet of a hydrant.
a. No driver of a vehicle shall stop or stand the same at or within
an area designated for HANDICAPPED PARKING, whether public or private, unless said vehicle is appropriately marked or licensed to do so. Any person found in violation of this section shall be cited for illegal parking by any officer authorized to do so. The penalty for violations under this By-Law, enacted under Chapter 644 of the Acts of 1981; shall be as follows: For the first offense, one hundred ($100.00) dollars; and not more than three hundred ($300.00); and for each subsequent offense the vehicle may be removed according to the provisions of Section 120D of Chapter 266 of the Mass. General Laws.
(Article 5 of the Special Town Meeting of June 28, 2004 held on June 28, 2004)
601.10 When a horse-drawn vehicle is backed to the curb or sidewalk, the horse or horses shall be turned so as to stand parallel with the sidewalk and heading in the general direction of travel on the side of the street on which the vehicle is standing.
601.11 No person shall drive or conduct any vehicle in such a condition, or so constructed, or so loaded as to be likely to cause delay in traffic or accident or injury to persons or to property.
601.12 No person shall break, deface or move any official sign, post, signaling, or traffic device, warning barrier, lantern, street lamp or other light, placed or located in any street, or public place for the information or direction of traffic or the protection of the public.
601.13 No person shall drive, wheel or draw upon a sidewalk a coach, cart, hand barrow, or other vehicle of burden or pleasure, except children's carriages, or carriages containing children or invalids and drawn by hand.
601.14 No person shall leave a horse unattended upon a street for a period longer than five (5) minutes unless he is tied to a post or weight, or unless the wheels of the vehicle to which he is harnessed are securely fastened or chained.
(603.03-601.06, 601.10 and 601.14 Rescinded Article 38 May 6, 1996 Annual Meeting)
601.15: No person shall operate a motorized scooter, motorized skateboard, or other similar motorized motor vehicle on any public way, sidewalk, playground, or on any property owned by the Town of Saugus. The following vehicles shall be exempt from the provisions of this Bylaw:
a) Vehicles licensed by the Commonwealth of Massachusetts as motor vehicles
b) Vehicles used by handicapped persons, and
c) Landscaping equipment.
Any person violating the provisions of this Bylaw shall be punished by a fine of one hundred dollars ($100.00).
(Article 6 of the Adjourned December 4, 2000 Special Town Meeting)
602.00 Police Regulations
602.01 No owner or driver of a vehicle shall bait or feed in a street, a horse or beast connected with such vehicle, except in a place designated by the Chief of Police, nor unless the horse or beast while being baited or fed is under the care of some suitable person, and is properly secured to prevent it from getting beyond such person's control.
602.01 Rescinded Article 38 May 6, 1996 Annual Meeting
602.02 No person shall coast or skate on any street or public place excepting on such streets as may be designated by the Selectmen, and on public playgrounds.
602.03 No person shall throw stones, snowballs, or other dangerous missiles, nor throw snow from private property onto public streets. Any person violating this By-Law is subject to a $25.00 fine.
being baited or fed is under the care of some suitable person, and is properly secured to prevent it from getting beyond such person's control.
602.02 No person shall coast or skate on any street or public place excepting on such streets as may be designated by the Selectmen, and on public playgrounds.
602.03 No person shall throw stones, snowballs, or other dangerous missiles, nor throw snow from private property onto public streets. Any person violating this By-Law is subject to a $25.00 fine.
602.04 Three (3) or more persons shall not stand in a group or near each other on any street, after a request to move on is made by any constable or police officer.
602.05 No person shall accost or address another person with profane, obscene, indecent or insulting language, on any street or other public place, or in any building owned by the Town, and no person shall be rude, boisterous, indecent or disorderly on any street, or in any public place or Town building or annoy or disturb any person peaceably thereon or therein.
602.06 No person shall loiter, saunter or continue to sit or stand in any street, public place or Town building, so as to obstruct or impede the free passage of or in any manner annoy or disturb any other persons, after being directed by a police officer to move on.
602.07 No person shall habitually or otherwise gather or
congregate or loaf about, on any street or public place, after being directed by a police officer to cease such a gathering or loafing.
602.08 No person shall own or keep any dog which by biting, barking, howling or in any other manner disturbs the peace and quiet of any neighborhood, or endangers the safety of any person. Any person who violates this section shall be punished by a fine of ten dollars ($10.00).
602.08 Rescinded Article 38 May 6, 1996 Annual Meeting
602.09 No person except an officer of the law in the performance of his duties, shall enter upon the premises of another with the intention of peeping into the windows of a house or spying upon in any manner any person or persons present.
602.10. No person shall fire or discharge any firearm or paintball guns, air guns, spring operated guns such as B.B. or pellet guns, within the limits of any park, playground or public property except with the consent of the Board of Selectmen or hunt or fire or discharge any firearm or paintball guns, air guns, spring operated guns such as B.B. or pellet guns on any private property except with the consent of the owner or legal occupant thereof. This by-law shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of his duties.
(Article 23 of the Adjourned 2000 Annual Town Meeting of May 1,2000)
602.11 No person shall have, keep or store, more than one unregistered car or motor vehicle ungaraged on his premises in a residential area at one time, unless authorized by the Board of Selectmen. In no event, shall an unregistered car or vehicle be stored in the front yard of a residential area.
602.12 No person shall loiter, or habitually congregate in any school yardschoolyard, park, playground or beach, between the hours of 10:00 p.m. and 8:00 a.m. unless the premises have been designated as a place of assembly by the persons in charge of such premises. Any person found loitering or habitually congregating in such an area, after the prescribed time, shall be considered a trespasser, and may be arrested without a warrant, by an officer authorized to serve criminal process.
602.13 No person shall have in his, or her possession, alcoholic beverages on any playground, schoolyard, park or beach.
602.13 No person shall drink any alcoholic beverage as defined
in G.L. c. 138, s.1, or possess an opened container full or partially full of any alcoholic beverages, while on, in or upon any public way, upon any way in which the public has a right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area or on private land or place without consent of the owner or person in control thereof. Violators may be arrested without a warrant, so long as probable cause of a drinking violation exists. Any vehicle used, or found in violation of this section may be towed at the expense of the owner and under the direction of the Police Department.
Those persons found in violation of this By-law shall forfeit and pay for each offense a fine of Two Hundred ($200.00) dollars.
(Article 28 of the 2003 Annual Town Meeting held on May 19, 2003)
602.14 No person shall consume alcoholic beverages on a sidewalk, public way, street, playground, park, schoolyard or beach, or on any town owned property without written approval of the Board of Selectmen and no person shall have in his, or her possession any alcoholic beverages where he, or she, is a trespasser.
602.15 Any person, or persons, who drives, operates, parks or leaves a motor vehicle on, or in, any schoolyard, park, playground or beach, other than authorized persons, shall be deemed a trespasser. Violators may be arrested without a warrant. Any vehicle used, or found in violation of this section may be towed at the expense of the owner and under the direction of the Police Department.
602.16 No person, other than those employed on the premises, a police officer, a municipal employee in the course of his employment, or a person engaged in a purpose associated with the property shall drive or operate a vehicle on, or in, any playground, school yard, beach or any town owned property.
602.17 Any person found in the act of violating the following
sub-sections: 601.02, 601.12, 602.03, 602.05, 602.06, 602.07, 602.09, 602.10, and 602.12 of this section maysection may be arrested without a warrant by any officer authorized to serve criminal process. Violations of the Sections numbered in this provision shall be punishable by a fine of not more than fifty dollars ($50.00).
602.18 No person or persons shall launch or haul a boat at the Town Landing without securing a "Ramp Pass". No person or persons shall keep, leave, repair or anchor any boat or float at the Town Landing or other Town property along the Saugus River, unless given permission by the Harbor Master for emergency repairs for a period of twenty-four (24) hours or longer if necessary. There shall be no parking of motor vehicles or boat trailers on the ramp of the Town Landing. Only authorized vehicles with a "Ramp Pass" placed in the rear window of said vehicles, or permitted by the Harbor Master, may be allowed on the ramp of the Town Landing. All other vehicles may be considered as trespassers with the owners subject to court action, or removal of said vehicle from the ramp by
the Town without recourse against the Town. The Harbor Master is authorized to revoke, cancel or suspend any "Ramp Pass" for violations or infractions of this Section.
602.19 No person, except as provided by law, shall carry on his person, or carry on his person under his control in a vehicle any saber, sword, or weapon of like or similar nature; and knife having any type of blade in excess of two and one-half (2 1/2) inches, or other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict bodily harm or injury on another, except those persons actually engaged in hunting or fishing or employment which requires the use of a knife with a blade in excess of two and
one-half (2 1/2) inches, and while going directly to and/or returning directly from such aactivities.
Any person found in the act of violating this section may be arrested without a warrant by any officer authorized to serve criminal process, and shall be punished by a fine of not more than fifty dollars ($50.00) upon conviction.
(Article 62 - 3/31/80) (see AG memo to Town Clerk of 9/11/80)
602.20 Burglar Alarm System Terms and Conditions
Any residence or business located within the Town of Saugus shall have the right to connect burglar or similar alarm systems to a common alarm board located at the Police Station. The following terms and conditions shall apply to the installation, operation and maintenance of burglar alarm systems:
A. Alarm Board
Said common alarm board shall be provided under the Police Department or its designee, and shall at all times remain under control of the Police Chief.
B. Dial Alarms
No person shall install, maintain or use a mechanical protection device that is automatically keyed to or activates the telephone numbers or lines controlled by or listed to the Police Department.
C. Persons to be Notified
In consideration of the right to connect an alarm system, every alarm user shall submit to the Police Department names and telephone numbers of at least two (2) other persons who can be reached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system, and who can open the premises wherein the alarm system is installed. It shall be the responsibility of the user to instruct the persons receiving calls from the Police Department as to their responsibility when notified of an alarm and of their rresponsibility to accept all calls from the Police Department and accepting charges for said calls.
D. Test and Shut Off Devices
All alarm systems shall be equipped with a test device which will give a ten second delay prior to alarm system activation in order to warn the alarm user of an open alarm circuit within six (6) months from the effective date of this By-Law, all alarm systems which use an audible horn or bell shall be equipped with a device that will shut off such horn or bell within fifteen minutes after activation of the alarm system.
E. False Alarm Report
The Police Department shall notify the user in writing of each false alarm attributable to his alarm system, and it shall be the responsibility of the user to forward a full written explanation specifying the reasons for such false alarms and the corrective action to be taken to prevent the further occurrence of said false alarms. Said explanation shall be forwarded directly to the Police Department no later than ten (10) days from the date of notification of a false alarm.
F. Fees for False Alarms
In consideration of the services to be provided by the Police Department, each alarm owner agrees to pay a fee to the Town of Saugus in the event of false alarms based upon the following schedule:
Two false alarms in a calendar year......................allowed
Third false alarm in a calendar year....................$50.00
Fourth and fifth false alarm in a calendar year.........$100.00/per
Sixth and subsequent false alarms in a calendar year....$200.00/per
The Police Department shall provide written notification to the user of assessment of set fees and payment shall be made to the Town of Saugus through the Police Department with ten (10) days of receipt of notification of said assessment. Failure to pay set fees within thirty (30) days of assessment shall result in additional late fees of $5.00 demand fee as well as a 12% of outstanding balance. If not paid within 15-day period, an additional $25.00 late fee shall apply for each 30-day period.
(Article 24 of the May 4, 2009 Annual Town Meeting held on May 18, 2009)
G. Testing of Equipment
No alarm system designed to transmit emergency messages directly to the Police Department shall be worked on, tested or demonstrated without obtaining permission from the Police Department. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the Police Department. An authorized test constitutes a false alarm.
H. Electrical Storms and Power Outage
Any alarm transmitted due to electrical storm or power outage shall not be considered a false alarm for the purpose of assessing fees as provided above.
I. Start-Up Period for New Connections
Each user shall be allowed a period of sixty (60) days from the time that his system is connected to the board at the Police Station to correct faults in the system and train employees to operate the system. During this period, user shall not be subject to assessment of fees, provided that user maintains constant communication with the Chief of Police or his designee, as shall be required to minimize the inconvenience caused by said false alarms during this start-up period.
J. Waiver of Fees
The Chief of Police shall be authorized to waive the fees assessed for false alarms in the event the alarms are the result of a problem that cannot be identified within the alarm system, provided that said request is substantiated by a written report by a qualified alarm company, setting forth the fact that the defect is unidentified and what measures are being taken by the alarm company to identify the problem. The Chief of Police may grant a waiver of the imposition of fees for a reasonable period of time to allow the system to be repaired, and the user and qualified alarm company agree to cooperate fully with the Chief of Police, or his designee, and provide all information requested relative to action being taken during this time.
K. Disconnection by Town
The Town of Saugus, through its Chief of Police, reserves the right to order disconnection of any alarm system from the board at the Police Station for violation of any of the provisions of this By-Law. Said disconnection shall occur only after the expiration of thirty (30) days from the date of written notification by the Police Chief.
L. Existing Users of System
Existing users of the system shall have thirty (30) days from the time of approval of the By-Law by the Town Meeting to disconnect from the system. Failure to disconnect during this time shall be deemed to be acceptance of the terms of this By-Law, and they shall be subject to all the provisions of this By-Law.
M. Non-Criminal Disposition
Whoever violates any provision of this By-Law may, in the discretion of the Police Chief be penalized by a non-criminal complaint in the District Court pursuant to the provisions of Mass. General Laws Chapter 40, Section 21D.
602.21 Dog Feces
I. Duty to Dispose
It shall be the duty of each person who owns, possesses or controls
a dog to remove and dispose of any feces left by his/her dog on any public sidewalk, public street or any public area in town especially immediately abutting any body of water. It shall further be the duty of each person who owns, posses or controls a dog to remove and dispose any feces left by his/her dog on any private property neither owned nor occupied by said person and for which permission has not been granted by a lawfully authorized person for the disposal of such feces on said private property.
II. Method of Disposal
Disposal shall be accomplished by transporting and disposing of such
Feces to and at a place suitable and lawful for the disposal for canine feces or as otherwise designated as appropriate by the Board of Health.
III. Enforcement
Violation of this section shall be punishable as follows:
First Offence (over 12 month period) $25.00
Second Offense (over 12 month period) $50.00
Third Offense and each subsequent offense
over 12 month period $75.00
603.00 Fire603.00 Fire Regulations
603.01 Rules and Regulations for Fire Detecting Systems
Section 1. Definitions:
(a) Alarm shall mean a bell, buzzer, horn, or whistle designed to give an audible signal when actuated by an electrical current, an inert gas, or a mechanical motor. Bells shall have a shell diameter of not less than four (4) inches and a bell, buzzer, horn, or whistle shall have a decibel rating of not less than sixty-five (65) decibels.
(b) Apartment-shall mean that part of any building used exclusively for the home of one or more families and shall include any portion or portions of any building used to give shelter, treatment or care to persons whether permanent, semi-permanent or transient.
(c) Approval shall mean approved by the Underwriters Laboratory, Factual Mutual, or Electric Testing Laboratories when applied to any material and/or device for which the material and/or device is designed and limited for use.
(d) Basement shall mean that portion of a building, which is below the finished grade, irrespective of the portion below the finished grade or for what purpose the basement is used and shall include crawl space(s).
(e) Department shall mean Fire Department.
(f) Building-shall mean an assembly consisting of a foundation, walls,
roof and irrespective of the interior sub-divisions designed to give shelter or persons as defined in subsection 1.1 (b).
(g) Detectors shall mean an approved device designed to cause an alarm to sound when subjected to heat by fire and/or by a dangerous increase in temperature.
(h) Family shall mean one (1) or more persons.
(i) Systems shall mean a complete assembly of detectors, an alarm, the power energizing the system and the connecting materials and/or components installed in a building to provide a fire detection alarm system.
Section 2. Detectors:
1. No detector shall be used in a system covered by these rules and regulations that does not bear an approval label of a laboratory as defined in subsection 1(c), and no detector shall cover an area beyond a division wall or walls where in the detector is located except one (1) detector may cover an area not in excess of ten (10) percent greater than the limit for which the detector is approved to cover provided the area has an unbroken ceiling surface.
2. The following types of detectors are approved by the Fire
Department for use in a system.
(a) Continuous Line Type: the whole line thermally sensitive.
(b) Fixed Temperature Type: designed to operate when the
temperature reaches or exceeds a certain value.
(c) Rate of Rise Type: designed to operate when the rapidity of temperature reaches or exceeds a predetermined rate.
(d) Unit Detectors: an assembly of components providing detection and alarm.
(e) A detector may be a combination of fixed temperature and rate of rise detectors.
Section 3. Electrical Installation:
1. No electrical work in connection with the installation of a system
shall be installed or an original system expended without first obtaining a permit from the Inspector of Wires.
2. No system shall be powered by a dry battery or batteries or a wet
cell type battery, except that a wet cell type battery may be used in a system provided with a permanently connected rectifier to keep the battery charged.
3. All wiring used in connection with a system shall be installed as
approved by the Inspector of Wires, including the manner of terminating.
4. Wiring installed from the source of supply to the alarm panel shall
be in rigid metal conduit or electrical metallic tubing.
5. The alarm signal if external from the alarm panel shall be wired
with AVA or RH wire in rigid metal conduit or electrical metallic tubing. Extension alarms unless controlled by a separate relay shall be wired in the same manner as the primary alarm signal.
6. Wiring for open circuit detectors may be #18 gauge or larger wire,
insulation may be thermoplastic or rubber.
7. A separate circuit or circuits shall be required for systems and all
such circuit or circuits shall be connected to the live side of the main service disconnecting means.
8. Closed circuit series connected detectors shall be wired with single
conductor rubber or plastic insulation, #18 gauge or larger wire, separated as far as possible, but not less than two and one half inches (2 1/2") except at the detector where at least one half inches (1/2") of spacing may be maintained.
9. Transformers shall have energy limiting characteristics.
10.Buildings of six (6) or more apartments shall have the system(s)
wired in accordance with the National Board of Fire Underwriters Pamphlet #72, Article 725, Class I systems of the National Electrical Code.
Section 4. Rules for Multiple Occupancies:
1. Any building containing six (6) or more apartments, a building used
in any portion or portions for any other use than apartments and having apartments, a hotel, a motel, or more than two (2) stories, any Boarding or Nursing Home requiring a license from the Massachusetts Department of Public health providing care to (10) or more persons or providing such care above the second floor, shall have a system meeting the requirements of the National Board of Fire Underwriters Pamphlet #72, Chapter 2, Article LLL4.
2. Any building covered by the provisions of the preceding section when such building is protected by an approved sprinkler system and equipped with an electrically operated signallingsignaling system meeting the requirements of NBFU Pamphlet #72, Article 44c, and shall be accepted as a system by the Fire Department, provided the number and location of above meet the requirements of these regulations.
3. Any building covered by the provisions of subsection 4.1 when
subdivided by an unpierced fire wall extending from the basement floor to the roof may have a separate system for each such subdivided section provided the alarm is common to all detector circuits in each subdivision. Any building not so subdivided or having a common basement or a basement subdivided or having a common basement subdivided by pierced fire walls or ordinary constructed walls shall have a system as required in subsection 4.1, unless protected as provided in subsection 4.2.
Section 5. Inspections, Maintenance, and Violations:
1. Every system installed shall be subject to inspection to determine
that the system has been installed and operating in accordance with these rules and regulations. Such inspections shall be made by the Fire Department. Any building wherein the system has been put out of service as the result of fire damage, repairs or alterations shall be subject to inspection after such repair or alteration. Every owner of his (her) authorized agent shall be responsible for notifying the Fire Department that a system is to be put out of service for repairs or disconnected for other reasons when such period will exceed a duration of more than eight hours. The Fire Department upon receiving such notice may require temporary protection be provided for occupied portions of the building.
2. Every owner or authorized agent of the owner shall maintain the system in a building under their control in reliable working order at all times that any portion of the building is occupied. Every building as described in Section 4 shall be inspected once each year in the month of January by a qualified person and notice of such inspection having been made shall be filed with the Fire Department.
3. Any owner or authorized agent of the owner who knowingly permits a
system to remain out of service for more than forty-eight (48) hours shall be deemed to be maintaining the system in violation of the provisions of the Fire Prevention Code. Any owner or authorized agent having received a written notice if failing to maintain a system or a written notice of a system under their control being out of service, who fails to correct the condition reported to them within seventy-two (72) hours, shall be in violation of the provisions of the Fire Prevention Code. The Fire Department shall proceed against such owner or authorized agent to enforce the provisions of these regulations in the manner provided for obtaining a correction of a violation of any provision of the Fire Prevention Code.
4. The written notice to an owner or authorized agent of an owner
required in subsection 3 shall be made by the Fire Department.
Upon completion of all electrical work connected with the installation and operation of such systems the Inspector of Wires shall notify the Fire Department, in writing, that the wiring, installation, and operation conforms to the National Board of Underwriters Pamphlet #72, Article 725, Class I Systems of the National Electrical Code.
Section 6. Fire Alarm System Regulations.
1. Scope
Fire alarm systems shall include systems connected to Fire Headquarters by the Municipal Fire Alarm circuit, or by direct wire, or on a telephone dial-up basis, and systems which use exterior audible signals at the alarm location.
2. Authority
Massachusetts General Laws Chapter 148,Section 26A-26H require the installation of alarm systems in certain buildings and place responsibility for the enforcement of these provisions with the Fire Chief. This By-Law is adopted to establish uniform rules and
regulations, and to implement a schedule of fees for the installation, operations, and maintenance of said alarm systems.
3. Alarm System Installation
A. Any current or future alarm user may contract with an alarm
Company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises.
B. No alarm system or equipment shall be connected to the Fire
Department Dispatch Center without prior written approval of the Fire Chief.
B.1 This approval requirement shall apply to municipal connection,
Direct wire and dial-up devices.
C. The only types of systems which will be allowed to connect to
the Fire Department Dispatch Center will be systems which utilize telephone dialers equipped with digital transmitters, or connection via the Municipal Fire Alarm circuits, or such other types deemed by the Fire Department/Fire Chief to be compatible with the Fire Department Dispatch Center Alarm Console.
C.1 Existing telephone dialers using voice-type tape recorders, which are not compatible with the alarm console, may continue to use the special alarm number set up only for this purpose for a period not exceeding one (1) year from the effective date of this By-Law. No equipment, as described in C.1, shall use the primary Fire reporting telephone number. New applicants for voice-type tape systems will not be approved.
D. Actual connection to the Fire Department's alarm console will be made by the Town's designated Alarm Contractor or Fire Alarm Division personnel. Alarm users will be required to pay
the Alarm Contractor for this service as set forth in a
contract between the Contractor and the Alarm user but in no
case later than thirty (30) days from the installation.
E. The Town accepts no liability whatsoever for conditions which prevent proper reception of signals from the user's premises.
4. Alarm System Regulations
A. Each alarm user shall submit to the Fire Chief the names,
addresses and telephone numbers of three (3) persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purposes of silencing and resetting the alarm system. It shall be the alarm user's responsibility to keep this information up to date. Each control panel shall have, locate inside its door, the above information and also the name of the company and phone numbers of the company which currently services the system.
Written instructions for resetting the control panel shall be
clearly visible on the control panel. Permission to attempt a
system reset must be on file with the Fire Department if user
wishes the Fire Department to reset control unit. If after
three (3) attempts a system will not reset, the zone or, if necessary, the system shall not be restored. In this event
attempts shall be made to contact the parties from data given
by the user. The Town assumes no liability to contact listed
persons.
A.1 This regulation shall apply to all alarm systems: i.e., those
connected to the Fire Department Dispatch Center and those
equipped with exterior audible signal devices.
A.1.1.Every building, other than a residential building of less
than six (6)units, which has a fire alarm system or other
fire protection system shall provide a secure key box
installed in a location accessible to the Fire Department in
case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall be a type approved by the Chief of the Fire Department and shall be located and installed as approved by the Chief.
A.1.2.All premises shall have their legal street number clearly
visible as per existing Town By-law, prior to the connection
of alarm to the Fire Department Dispatch Center.
B. All alarm users must notify the Dispatch Center in advance of any testing of equipment. Failure to do so will constitute a false alarm and therefore be subject to fee assessment.
C. Any direct wire user who has multiple purpose alarms must provide for individual multiple alarm connections to the
Fire Department Dispatch Center as required by the Fire
Department/Fire Chief.
D. Alarm systems which generate false alarms in any twelve
(12) month period shall be subject to assessment as follows:
(12 month period is a Fiscal Year - July 1 - June 30)
Fire Alarm and Emergency Medical Systems
Step 1 1 thru 3 False Alarm No fine
Step 2 4 thru 5 False Alarms $150.00 Fine Each
Step 3 6 or more False Alarms $300.00 Fine Each
D.1 Definition of False Alarm.
The activation of an alarm system due to mechanical failure,
malfunctioning equipment, improper installation or negligence
of the user of the alarm system, or his employees or agents.
Excluded from this definition are activations of alarm systems caused by utility company power outages, communication receiving equipment problems at Fire Headquarters, or other acts of nature beyond the control of the alarm user.
False alarms shall include, but not be limited to, the following situations:
(A) The continued activations of alarms resulting from any
condition where no effective effort is made to correct the condition.
(B) Detection devices reacting to a condition such as smoke,
steam, etc. where such occurrences are continuous with no corrective action taken; and,
(C) Detection devices reacting to a condition such as dirt,
dust, or any other debris or material resulting from the
failure of the owner to properly maintain and clean the system.
"The obligation of owners for the proper maintenance of their systems shall be as set forth in 27 CMR 24.08, which is incorporated herein by reference."
E. Alarm users who cannot produce a valid service agreement for the protected property shall pay an additional $50.00 fee
per step. It is the intent of this section to have systems
maintained on a regular basis but not less than annually (at least once per calendar year).
E.1 False alarms caused by faulty telephone service, electrical storms, or power outages will be excluded from assessment.
E.1.1. False alarms received during the first thirty (30) days of
connection shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects.
E.2 Determination that a false alarm has been transmitted will be
the responsibility of the Fire Chief or his duly appointed duty officer.
E.2.1.Malicious false alarms shall be excluded provided the alarm
System owner actively discourages these types of alarms through education and installation of deterrent devices specifically designed for these purposes, as requested by the Fire Chief.
E.3 Payments of assessments will be to the Town Treasurer.
E.4 Upon failure of an alarm user to pay two (2) consecutive fees assessed within sixty (60) days of the assessment, the Fire Chief shall order the alarm user to discontinue the use of the alarm system for not more than six (6) months. Recovery of funds to be through court proceedings.
E.5 Town, County and State agencies are exempt from the provisions of the assessment schedule.
5. Violations
A. The following acts and omissions shall constitute a violation
of these regulations and shall be punishable by a fine of not less than $50.00 nor more than $200.00 per offense:
A.1 Failure to follow a written order issued by the Fire Chief to
disconnect a fire alarm system from the municipal box or to disable a telephone dialer arranged to dial the digital alarm console or the special alarm telephone numbers;
A.2 Provision, after the effective date of these regulations of a
telephone dialing device arranged to dial a Fire Department Dispatch Center number;
A.3 Failure to disconnect, after notification, an unauthorized
telephone dialing device arranged to dial the Fire Dispatch Center number;
A.4 Failure to pay two (2) or more consecutive fees assessed under
Section 4, Paragraph E of these regulations, within sixty (60)
days from the date of the second assessment;
A.5 Failure to comply with the requirements set forth in Sections 3
and 4 of these regulations;
A.6 Continued transmission of false alarms caused by the user's
negligence or system malfunctions on the user's premises which
is under the user's control, and where no effective effort is
made to correct the condition.
6. Whoever violates any provision of this By-Law may, in the discretion of the Fire Chief, be penalized by a non-criminal complaint in the District Court pursuant to the provisions of Mass. General Laws Chapter 40, Section 21D.
603.02 Vehicle Parking, Private Ways and Property
1. It shall be unlawful to obstruct or park a vehicle to block a private way from access for fire apparatus to any building.
2. It shall be unlawful to obstruct or park a vehicle in any fire lane hereby established under Article XXVII, Section 28.16 of the Fire Prevention Code (as adopted by the Town in 1965 and amended in 1970) to be a distance of twelve (12) feet from curbing of a sidewalk in a shopping center, bowling establishment, theater and similar locations; said lane to be marked at said locations.
3. Any person who shall violate any of the provisions of the code
hereby adopted, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order affirmed or modified by the Court of Jurisdiction, within the time fixed herein shall severally for each and every such violation and non-compliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100.00) or not more than three hundred dollars ($300.00). The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such
persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
(Article 5 of the Special Town Meeting of June 28, 2004 held on June 28, 2004)
4. Any object or vehicle blocking or parked to obstruct any fire lane
or private way in violation of Sections One and Two of this By-law may be removed or towed by the Town at the expense of the owner and without liability to the Town.
Section 603.03
Prohibits the sale, exchange or distribution of cigarette lighters and matches to minors in the Town of Saugus
Section 1. No person shall sell, exchange or distribute cigarette lighters and/or matches to a minor.
Section 2. Definitions. For the purpose of this By-law, the following words shall have the meanings respectively ascribed to them by this By-laws;
Town – Town of Saugus
Minor – Any individual who is under the age of eighteen (18);
Person – A person, employer, employee, retail store manager or owner, or the owner or operator of any establishment engaged in the sale, exchange, or distribution of cigarette lighters and matches.
Section 3. A person selling, exchanging or distributing cigarette lighters and/or matches shall request and examine identification from any purchaser suspected of being a minor and shall positively establish the purchaser’s age as eighteen (18) years or older before allowing the purchase and/or distribution.
The following shall constitute positive identification: a valid Massachusetts driver’s license or a Massachusetts identification card or government issued passport.
Section 4. Any person violating any of the provisions of this by-law shall be subject to a fine of not less than ($100.00) for the first offense; and, for the second offense a fine of not less than ($250.00) and for the third offense, a fine of not less than ($500.00).
Section 5. The Fire Department shall be the enforcing authority of this By-law.
(Article 26 of the May 1, 2006 Annual Town meeting, Held on June 12, 2006.)
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