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.