[HISTORY: Adopted by the Town Board of the Town of Aurora 2-14-1994 by L.L. No. 1-1994; amended in its entirety 5-27-2003. Subsequent amendments noted where applicable.]
Fire prevention and building construction — See Ch. 65.
This chapter of the Aurora Town Code shall be known as the "Town of Aurora Alarm Code."
The purpose of this chapter is to protect and promote the health, safety and general welfare of the residents of the Town of Aurora by reducing the number of false alarms, via proprietary alarm systems, of fire, intrusion, holdup, emergency medical systems or other emergencies which contribute to ineffective utilization of police and fire and emergency response agencies. Such emergency responses are susceptible to high accident rates, interfere with genuine emergencies (responses) and produce unnecessary alarm noise to the surrounding community.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ALARM SYSTEM
- A device or an assembly of equipment which is designed to detect smoke, abnormal rise in temperature, fire, water flow, medical emergency or an entry into or exit from a building, structure or facility or a holdup alarm and, by reason thereof, emits an audible response intended to alert persons outside of the premises and/or transmit a signal or message to an emergency agency, either directly or through a private or commercial relay facility.
- AUTOMATIC DIALER
- A device that automatically dials and relays a prerecorded message to an emergency agency or to a commercial relay facility.
- EMERGENCY AGENCY
- The Police Department or Fire Department, Central Fire Alarm Office, Emergency Medical Services (EMS) or other emergency dispatch center.
- FALSE ALARM
- An activation of an alarm system where either an emergency situation does not exist or the activator does not have a reasonable basis to believe that an emergency situation does exist.
No person shall install or maintain an external alarm system which does not contain an operational automatic cutoff system which turns off the external audible alarm once activated after a period not to exceed 10 minutes.
An automatic dialer connected directly to an emergency agency shall automatically disconnect and/or terminate its message after the message has been transmitted a maximum of two times. Notwithstanding the foregoing, however, the total transmission time of all messages shall not exceed five minutes.
There shall be no automatic alarm system with direct communication to any type of an emergency agency without prior written authorization from the emergency agency where the alarm terminates.
An owner or lessee of real property to which an emergency agency responds as a result of a false alarm shall pay a fee for each such response in each calendar year as follows:
The owner or lessee of real property which received an emergency response by reason of a false alarm shall be notified, in writing, by means of first-class mail, of all false alarms, including police alarms, fire alarms and/or EMS alarms, in a calendar year. The letter shall inform the owner or lessee of the times and types of emergency responses provided to the address location and, where applicable, contain a copy of the Alarm Code and notify the owner or lessee of any charges due pursuant to § 35-7 of this chapter.
The Chief of Police of the Town of Aurora, or his designee, and the Building Superintendent of the Town of Aurora, or his designee, shall establish a policy and procedure, which need not be written, whereby an owner of real property or lessee thereof on which an alarm system has been installed and who has been notified of a false alarm may present evidence as to why any such alarm should not be classified as a false alarm. The Chief of Police, or his designee, and the Building Superintendent, or his designee, shall designate one or more members of their departments, which may include themselves, not to exceed three in total, to receive such evidence and make recommendations and findings of fact concerning such classification. The Chief of Police, or his designee, and the Building Superintendent, or his designee, shall make the final determination concerning a classification, which determination shall be reviewable only pursuant to procedures under Article 78 of the New York Civil Practice Law and Rules. To challenge the classification of an alarm as a false alarm, the real property owner or lessee thereof shall, in writing, notify the Chief of Police and/or the Building Superintendent within 10 days after receipt of notice of the alarm, which will be presumed to have been received three days after mailing pursuant to § 35-8 of this chapter. The failure to give such timely notice shall be deemed a waiver of the right to review any such determination.
Charges for false alarms shall be paid to the Town Clerk of the Town of Aurora at 5 South Grove Street, East Aurora, New York, 14052, within 30 days of the mailing date of any notice provided pursuant to § 35-8 of this chapter.
Failure of a real property owner or lessee of property on which an alarm system is installed to pay any false alarm charges, as defined in § 35-7 of this chapter, within 30 days of the mailing date of a notice of the amount due provided pursuant to § 35-8 of this chapter shall be deemed a violation of this chapter and may result in said real property owner or lessee, as the case may be, being served with a summons.
The Chief of Police shall enforce this chapter for alarm systems which detect intrusions or holdup alarms at a building, structure or facility. The Building Superintendent shall enforce this chapter for alarm systems which detect smoke, fire, water flow or abnormal rate of rise in temperature or emergency medical systems. If both Police Department and Fire Department alarms are activated, the Building Superintendent will enforce this chapter.
[Amended 3-28-2016 by L.L. No. 1-2016]
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
This chapter shall become effective on the latter of the first day of March 1994 or its proper filing with the Secretary of the State of the State of New York in a manner consistent with § 27 of the New York Municipal Home Rule Law.