Town of Pleasant Valley, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 8-15-2001 by L.L. No. 7-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 48.

§ 31-1 Purpose.

It is the purpose of this chapter to protect and promote the health, safety and general welfare of the residents of the Town by reducing the number of avoidable alarms to emergency agencies. Avoidable alarms contribute to ineffective utilization of public safety manpower and equipment. In addition, avoidable alarms require emergency responses which may contribute to a high accident rate and delayed responses to genuine emergencies. This chapter seeks to ensure that police and fire communications and ambulance facilities will be available to dispatch police, fire and ambulance personnel for actual emergencies and to alleviate the nuisance of avoidable alarms in the Town.

§ 31-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALARM SYSTEM
A device or an assembly of equipment which emits an audible response, which is intended to alert persons outside a premises to the existence of a hazard or emergency or which is intended to alert emergency agencies by automatically dialing an emergency agency or which is connected to a private answering point for the purpose of reporting such alarms to emergency agencies or which is directly connected to the County Fire Control Center or other emergency agency.
ALARM USER
Any person who owns, leases or uses an alarm system within the Town, except for a person whose alarm system is on a motor vehicle or is a proprietary system. If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a proprietary system) in the Town, the person using such system is an alarm user.
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner, user, custodian or lessee of an alarm system, or his/her employees or agents, or through any other cause which, through direct connection to an emergency agency or through notification of an emergency agency by a private answering point or automatic dialing device or through notification to an emergency agency by any second party or means, indicates that an emergency situation exists requiring response within the Town when, in fact, an emergency situation does not exist. An avoidable alarm also includes the knowing or intentional activation of an alarm to an emergency agency when the activator knows that an emergency situation does not exist. Avoidable alarm does not include alarms activated by violent conditions of nature, such as hurricanes, tornadoes, earthquakes or any other similar cause beyond the control of the user of the alarm system. Activation of an alarm system under any circumstances which the activator reasonably believes that an emergency situation exists is not an avoidable alarm. Notwithstanding any language to the contrary, the defective installation of an alarm system, the failure to repair or cause to be repaired an alarm system or the use of defective equipment in connection with an alarm system shall not constitute an extraordinary circumstance beyond the reasonable control of the alarm user.
EMERGENCY AGENCY
Any Police Department, Fire Department or other law enforcement agency or ambulance company, private or public, or other agency summoned to respond to an emergency situation and any public safety answering point serving the Town.
PERSON
Any person, firm, partnership, corporation, association, company or organization of any kind.
PRIVATE ANSWERING POINT
A business which offers the service of receiving emergency signals, monitoring said signals and relaying them to an emergency agency.
PROPRIETARY SYSTEM
An alarm, sounding and/or recording within the premises protected by the alarm, which is not intended to alert persons outside the premises on which the alarm system is located of a possible hazard and not intended to alert an emergency agency, the control center being under the supervision of the proprietor of the protected premises. If a proprietary system includes a signal line connected directly or by means of an automatic device to an emergency agency or to a private answering point or to a local alarm system, it thereby becomes an alarm system as defined in this chapter.

§ 31-3 Excessive avoidable alarms.

Excessive avoidable alarms shall constitute a violation of this chapter. Three or more avoidable alarms by an alarm user shall constitute excessive avoidable alarms.

§ 31-4 Enforcement.

A. 
The Town, or any emergency agency, may give written notice to an alarm user of an avoidable alarm.
B. 
On or after the third such notice to any one alarm user, the Town may issue an appearance ticket to the alarm user and prosecute the violation.

§ 31-5 Penalties for offenses.

The violation of any provision of this chapter shall be punishable by a fine of no less than $100 and not to exceed $250.