The purpose of this chapter is to protect and promote the health, safety
and general welfare of the residents of the Town of Tonawanda by reducing
the number of avoidable alarms of fire, intrusion, robbery/holdup or other
emergencies which contribute to ineffective utilization of police, fire and
medical emergency agencies requiring 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 terms used herein are defined as
follows:
ALARM SYSTEM
A device or an assembly of equipment which is designed to identify
a robbery/holdup or intrusion or detect smoke, 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.
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence or carelessness of the owner, user,
custodian, operator or lessee of an alarm system or that person's employee(s),
guest(s) or agent(s) requiring an emergency response from an emergency agency
when in fact an emergency requiring such a response does not exist. An avoidable
alarm is also the intentional activation of an alarm system when the person
activating it knows an emergency does not exist as well as all alarm system
activations in which an investigation by the Police Chief and/or Code Enforcement
Officer of the Town reveals no evidence of the existence of an emergency.
An avoidable alarm is not deemed to include the activation of an alarm system
by violent conditions of nature, acts of God or similar causes beyond the
control of the owner, user, custodian, operator or lessee of an alarm system
or that person's employee(s), guest(s) or agent(s), nor is an avoidable
alarm deemed to be the activation of an alarm system under any circumstances
in which the person activating the alarm system reasonably believes that an
emergency situation exists.
[Amended 3-26-2007 by L.L. No. 2-2007]
EMERGENCY AGENCY
The Town Police Department, the Town Emergency Medical Unit, any
fire company or any emergency dispatch center.
PERSON
Any person, partnership, firm, corporation or any unincorporated
association.
TOWN
The Town of Tonawanda, New York.
TOWN BOARD
The Town Board of the Town of Tonawanda, New York.
[Amended 3-26-2007 by L.L. No. 2-2007]
Owners, users, custodians, operators or lessees of an alarm system and
owners, lessees and occupants of the premises in which an alarm system is
installed, shall be deemed to have consented to inspection of the alarm system
and premises in which said alarm system is installed at reasonable hours by
the Police Chief and/or Code Enforcement Officer of the Town, or their designated
representatives.
[Amended 3-26-2007 by L.L. No. 2-2007]
A. In the event that the owner, user, custodian, occupant
or lessee of an alarm system receiving written notice of an avoidable alarm
desires to challenge the determination made by the Police Chief and/or the
Code Enforcement Officer of the Town that an avoidable alarm occurred, the
owner, user, custodian, occupant or lessee of the alarm system shall, in writing,
notify the Police Chief and/or the Code Enforcement Officer of the Town, as
appropriate, within 30 days after receipt of any notice of avoidable alarm.
The failure to give timely notice shall be deemed a waiver of the right to
review the determination.
B. The Police Chief and the Code Enforcement Officer of
the Town shall establish a procedure whereby the owner, user, custodian, occupant
or lessee of an alarm system who duly notifies the Police Chief and/or the
Code Enforcement Officer of the Town of his desire to challenge a determination
of avoidable alarm may present evidence as to why any such alarm should not
be deemed an avoidable alarm. The Police Chief and the Code Enforcement Officer
of the Town shall designate a member or members of their Departments, not
to exceed five in number, to receive and review such evidence and make recommendations
and findings of fact to the Police Chief and the Code Enforcement Officer
of the Town regarding such determination. The Police Chief and the Code Enforcement
Officer of the Town shall then make the final determination as to whether
the alarm in issue was in fact an avoidable alarm. Such final determination
shall be reviewable only pursuant to procedure under Article 78 of the New
York Civil Practice Law and Rules.
[Amended 3-26-2007 by L.L. No. 2-2007]
A. The Police Chief and/or the Code Enforcement Officer
of the Town shall enforce this chapter for avoidable alarms emanating from
alarm systems.
B. The Police Chief and the Code Enforcement Officer may,
from time to time, promulgate rules and regulations in order to provide for
the efficient recordkeeping and the management of this chapter.