[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-18-1994 by L.L. No.
2-1994. Amendments noted where applicable.]
This chapter shall be known as the "Local Law Regulating Alarm
Systems in the Town of Fishkill."
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the Town of
Fishkill 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 audible alarms in the Town. Another
purpose of this chapter is to provide the Town and emergency agencies
with the names of responsible people to contact in the case of activation
of an alarm.
As used in this chapter, the following terms shall have the
meanings indicated:
Must be a state-licensed installer (Department of State,
General Business Law § 69-n, Subdivision 5; 6-30-1992).
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 or signaling 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.
Any person who owns, leases or uses an alarm system within
the Town of Fishkill except for a person whose alarm system is on
a motor vehicle or is a proprietary system. If, however, an alarm
system is at a premises (other than a proprietary system) in the Town
of Fishkill, the person using such system is an alarm user.
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 where 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.
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 of Fishkill.
A signaling system which, when activated, causes an audible
signaling device to be activated outside the premises on which the
system is installed.
The address which an alarm user designates on the application
for a permit as the address to which notices are to be sent.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
A business which offers the service of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
An alarm, sounding and/or recording within the premises protected
by the alarm, which is not intended to alert persons outside of 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.
A.
All properties which shall own, use, lease, operate or maintain an
alarm system within the Town of Fishkill shall obtain a fire prevention
permit.
B.
Application for permit. In order to obtain an alarm user permit,
any person who operates an alarm system shall submit an application
for such permit in the form designated by the Town, which application
shall contain the following:
(1)
The name, home address and telephone number of the person applying
for the permit.
(2)
The address of the premises upon which the alarm system is or will
be located.
(3)
The type of alarm system for which the permit is sought.
(4)
The name of the alarm business or businesses, State License No. 1,
selling, installing, monitoring, inspecting, responding to and/or
maintaining the alarm system, if applicable.
(5)
Fees: Town fire permit fees as set by the Town Board.
C.
Duration of permit. An alarm user permit shall expire when ownership
changes.
A.
This chapter shall be enforced by the Town of Fishkill Fire Inspector.
B.
Any emergency agency, as herein defined, desiring the Town Fire Inspector
to initiate enforcement of this chapter against an alarm user who
has generated avoidable alarms shall comply with the following requirements:
(1)
The emergency agency shall give to the owner and send to the Fire
Inspector of the Town of Fishkill an avoidable alarm incident report
containing the information required within seven days of the alarm
call (Form No. TAS-1).[1]
[1]
Editor's Note: Said form is included as an attachment to this chapter.
(2)
Three or more occurrences within a six-month period constitutes a
violation of this chapter, and the Fire Inspector will issue an appearance
ticket. Fines for the fourth occurrence shall be $75; fifth, $100;
sixth, $150; seventh and every future alarm, $200.
(3)
An alarm user receiving a notice of an avoidable alarm may challenge
such classification by notifying the Fire Inspector, in writing, specifying
in detail the reasons why the alleged avoidable alarm should not be
so classified. The challenging notice must be received by the Fire
Inspector within 20 days after notification to the alarm user. A hearing
may be requested by the alarm user with the Local Board of Review.
The failure to give timely notice shall be deemed a waiver of the
right to challenge the classification.
(4)
Within a reasonable time, but not more than 45 days after receipt
of a notice from an alarm user challenging the classification of an
alarm as an avoidable alarm, the Local Board of Review shall hold
a hearing, if so requested by the alarm user, and, in any event, make
a final determination, which shall be reviewable only pursuant to
Article 78 of the Civil Practice Law and Rules.
(5)
The Town's Local Board of Review will hear all challenges.
(6)
Within 10 days after a final determination has been made by the Local
Board of Review, a copy thereof shall be filed with the Town Clerk
and a copy mailed or otherwise given to the alarm user.
C.
Avoidable alarm incident report, Form No. TAS-1.[2] Whenever an emergency agency files an avoidable alarm
report, such report shall contain the following information:
(1)
The alarm user's name and address.
(2)
The date and location of the avoidable alarm.
(3)
The reasons why the alarm was determined to be an avoidable alarm.
(4)
Any other pertinent information.
[2]
Editor's Note: Said form is included as an attachment to this chapter.
Alarm systems which are interconnected or otherwise transmit
signals directly to the County Fire Control Center shall be subject
to the laws, rules, regulations and penalties adopted by the County
of Dutchess relating to such systems.
A.
All local alarm systems shall become deactivated and silenced automatically
after a period of time not to exceed 15 minutes.
B.
Police and/or fire officials may disable an audible alarm signal
that has not been silenced prior to the expiration of the fifteen-minute
period and shall not be liable for any damage that may result.
The provisions and requirements of this chapter shall apply
to all persons who are alarm users on the effective date of this chapter
and to all persons who subsequently become alarm users.
If any section, subsection, sentence, clause, phrase or word
of this chapter is for any reason held to be invalid by any court
of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this chapter.
This chapter shall be effective immediately upon adoption.
