Town of Somers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Somers: Art. I, 12-27-1984; Art. II, 6-11-1992 as L.L. No. 8-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention Bureau — See Ch. 26.
Fire prevention — See Ch. 98.
[Adopted 12-27-1984]
This Article shall apply to all fire alarm systems, except local fire alarms within dwelling units.
As used in this Article, the following terms shall have the meanings indicated:
AUTOMATIC DIALER
A device that automatically dials the Fire Department when activated and delivers a prerecorded message.
CENTRAL STATION
An office to which remote alarm and supervisory signaling devices are connected and where personnel are in attendance at all times to supervise the circuits and investigate signals.
FIRE AND SMOKE DETECTING SYSTEM
An approved installation of equipment which automatically actuates a fire alarm when the detecting element is exposed to fire, smoke or an abnormal rise in temperature. ("Fire alarm system" shall be the same as "fire and smoke detecting system.")
LEASE LINE
An open phone line to a fire department or to a central station that transmits a fire alarm.
LOCAL ALARM
A system which produces a signal only at the premises protected.
A permit shall be obtained for the following:
A. 
Installation of any fire alarm system. Prior to installation, a complete set of plans must be submitted for approval by the fire official. These plans must be accompanied by the necessary applications, as prescribed by the Fire Bureau, and the exact wording of any message that will be transmitted to the Fire Department.
B. 
A user permit is required for all new and existing fire alarm systems. All existing fire alarm systems shall submit applications for permits within 90 days of the effective date of this Article. These messages must also be approved. User permits must be visibly posted in the immediate vicinity of the main control panel.
A. 
All fire alarm systems must be properly maintained at all times. Buildings that are required by law to have fire alarm systems may not be occupied by the public if the system is not operational.
B. 
All fire alarm systems must be tested and serviced annually by a qualified installer and have certification on the equipment stating when the system was serviced.
C. 
If in the opinion of the fire official or one of the Somers Fire Chiefs the alarm system is malfunctioning and causing a dangerous situation for the men and equipment of the Somers Fire Department, the system will be ordered by written notice to the owner or occupant to be disconnected from an automatic dialer, lease line or central station, and the owner or occupant shall comply with such order. The system shall not be reconnected until the system is in proper operating condition.
D. 
The local alarm will remain in service unless it is necessary to shut down for repairs.
A. 
A violation of this Article or any portion thereof is hereby declared to be an offense punishable by a fine not exceeding $50.
B. 
In the event that false alarms are transmitted to the Fire Department, the owner or occupant of the premises will be subject to the following fines:
False Alarms Per Twelve-Month Period
Fine
First
None
Second
$50.00
Third
$100.00
Fourth
$200.00
For each additional false alarm, add
$100.00
C. 
No fine shall be payable if the system has been serviced within the past year unless a false alarm has been transmitted within the past year, in which event no fine shall be payable if serviced since the most recent transmitted false alarm.
[Adopted 6-11-1992 as L.L. No. 8-1992]
The Police Department of the Town of Somers has advised the Town Board that there are large numbers of false alarms emanating from burglar alarm systems installed on private property and which automatically are communicated to the Police Department of the Town of Somers. These false alarms unnecessarily require that the police respond in an emergency fashion to signals that should not have been activated, depriving other residents of the service of the police. It is not the intent to discourage the use of automated equipment, but rather to encourage the use of properly maintained and well-functioning equipment.
For the purpose of this Article, the following terms shall have the following meanings:
BURGLAR ALARM DEVICE
A mechanical, electrical or electronic device installed in a building which, when activated, will transmit a signal which is intended to create a response from the Police Department, whether or not the signal generated is audible, visible or electronic and whether such signal is automatic or otherwise. Excluded from this definition and from the provisions of this Article are devices designed to alert the occupants of a building of an emergency condition and which do not produce an audible or visual signal which is perceptible outside the building.
BURGLAR ALARM USER
Any person, firm, corporation or business entity upon whose premises a burglar alarm device is installed or operated, whether as property owner or lessee.
FALSE ALARM
A signal transmitted by a burglar alarm device indicating that a criminal act or emergency is occurring when, in fact, neither a criminal act nor an emergency is occurring. It shall be presumed, subject to rebuttal, that neither a criminal act nor an emergency occurred if an officer of the Somers Police Department finds no evidence thereof after investigation.
In the event that the Somers Police Department is of the opinion that a burglar alarm device is malfunctioning or is creating a dangerous situation it may order the burglar alarm device disconnected, and the burglar alarm user shall comply with the order. The burglar alarm device shall not be reconnected without the prior approval of the Police Department.
It shall be unlawful for any burglar alarm user to permit, allow or suffer, whether intentionally or unintentionally or whether due to malfunction or otherwise, a burglar alarm device to signal a false alarm.
The town, its officials, agents and employees shall be under no obligation whatsoever concerning the adequacy, the operation or maintenance of any burglar alarm device installed or of the operation thereof, and the Town of Somers and its officials, employees and agents assume no liability whatsoever for any failure of such burglar alarm device or for failure to respond to any such alarms or for any act or omission or commission as a result of any alarm, device or system, and the town assumes no special duty to any person, firm or corporation.
A. 
A violation of this Article or any portion thereof, other than for a false alarm, is hereby declared to be an offense punishable by a fine not exceeding $250 for each offense.
B. 
A violation of § 62-9 of this Article regarding the transmission of a false alarm shall constitute an offense and shall be punishable by the following fines:
False Alarms Per Twelve-Month Period
Fine
First
None
Second
$50.00
Third
$100.00
Fourth
$200.00
For each additional false alarm, add
$100.00