[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:
A device that automatically dials the Fire Department when activated
and delivers a prerecorded message.
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.
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.")
An open phone line to a fire department or to a central station that
transmits a fire 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:
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.
Any person, firm, corporation or business entity upon whose premises
a burglar alarm device is installed or operated, whether as property owner
or lessee.
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
|
