This chapter shall be known as the "Town of Clarence 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 Clarence by reducing the
number of avoidable alarms of fire, intrusion, holdup or other emergencies
which contribute to ineffective utilization of police and fire emergency agencies,
require emergency responses which 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 respectfully ascribed to them by this section:
ALARM SYSTEM
A device or an assembly of equipment which is designed to detect
smoke, an abnormal rise in temperature, fire, medical emergency or an entry
into or exit from a building, structure or facility 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 answering point.
AUTOMATIC DIALER
A device that automatically dials and relays a prerecorded message
to an emergency agency.
EMERGENCY AGENCY
The Erie County Sheriff, New York State Police, fire company, central
fire dispatch or other emergency dispatch center.
The owners and lessees of premises having alarm systems shall comply
with all provisions of this chapter on or before one year from the effective
date of this chapter.
[Amended 3-10-2004 by L.L. No. 2-2004]
An owner or lessee of real property to which an emergency agency responds
as a result of avoidable alarm shall pay a fee for each such response in each
calendar year as follows:
A. Police agency response.
(1) First through third avoidable alarm responses: no charge.
(2) Fourth through sixth avoidable alarm responses: $35 for
each.
(3) For each avoidable alarm response after the sixth, the fee shall increase by $10 from the fee of $35 provided at Subsection
A(2). Example: Avoidable alarm response:
B. Fire Department response.
(1) First avoidable alarm response: no charge.
(2) Second avoidable alarm response: $50.
(3) Third and over avoidable alarm responses: $100 for each.
The owner or lessee of real property which receives an emergency response
by reason of an avoidable alarm shall be notified in writing by means of first
class mail of all avoidable alarms up to three police alarms and/or one fire
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 shall contain with it a copy of this chapter.
A committee consisting of a Clarence Building Inspector, a representative
of a service organization and a professional business person shall establish
policies and procedures whereby an owner of real property or lessee thereof
on which an alarm system has been installed and who has been notified of an
avoidable alarm may present evidence as to why any such alarm should not be
classified as an avoidable alarm. The committee shall receive such evidence
and make recommendations and findings of fact concerning such classification.
The Committee shall make the final determination concerning a classification,
which determination shall be reviewable only pursuant to procedures under
Article 78 of the Civil Practice Law and Rules. To challenge the classification of an alarm as an avoidable alarm,
the real property owner or lessee thereof shall, in writing, notify the Committee
within 20 days after receipt of notice of the avoidable alarm. The failure
to give timely notice shall be deemed a waiver of the right to review the
determination.
[Amended 9-22-1999 by L.L.
No. 6-1999]
Avoidable alarm charges shall be paid to an office of repository authorized
to collect such charges by the Town Board from time to time. The office of
repository designated to receive payments for avoidable alarm charges will
be posted in the office of the Town Clerk.
Failure of a real property owner or lessee of property on which an alarm
system is installed to pay the avoidable alarm charge, within 30 days from
notice of the amount due shall be served with a summons and shall be deemed
a violation of this chapter.
The Town of Clarence Building Department shall enforce this chapter
for alarm systems which detect medical emergencies and entry or exit from
a building, structure or facility and for alarm systems which detect smoke,
fire or an abnormal rise in temperature.
Any person, business, firm, corporation, partnership, association or
other entity that does not pay the fee as established in this chapter or who
violates any other provisions of this chapter shall be subject to a civil
penalty not to exceed $1,000 for each offense. A separate offense shall be
deemed committed upon each day during which a violation occurs, continues
or is permitted.