[HISTORY: Adopted by the Town Board of the Town of Grand Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-1996 by L.L. No. 1-1996 (Ch. 3A, Art. I, of the 1963 Code)]
The purpose of this article is to protect and promote the health, safety and general welfare of the residents of the Town of Grand Island by reducing the number of avoidable alarms of fire, intrusion, robbery/holdup or other emergencies which contribute to ineffective utilization of emergency response agencies, require 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 purposes of this article, 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.
- DESIGNATED ENFORCEMENT OFFICER
- The Town employee designated by resolution of the Town Board to enforce the provisions of this article.
- EMERGENCY AGENCIES
- The Sheriff’s Department, New York State Police, the Grand Island Town Police, the Grand Island Fire Company, and any other fire company, or any emergency dispatch center.
- Any person, partnership, firm, corporation or unincorporated association.
An avoidable alarm is the activation of an alarm system through mechanical failure, malfunction, improper installation or 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 systems activations in which an investigation by the designated 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.
Owners, users, custodians, operators or lessees of an alarm system and owners, lessees and occupants of the premises of which an alarm system is installed shall be deemed to have consented to inspection of the alarm system and premises in which that alarm system is installed at reasonable hours by the designated enforcement officer of the Town of their designated representatives.
No person shall install or maintain an external audible alarm system which does not contain an operational cutoff system which turns off the external audible alarm after a period not to exceed 10 minutes.
An automatic dialer connected directly to an emergency agency shall automatically disconnect and/or terminate its message after the message has been transmitted a maximum of two times. Notwithstanding the foregoing, however, the total transmission time of all messages shall not exceed five minutes.
No alarm system shall have an automatic dialer feature or other type of alarm alert which connects automatically to enhance 911 or the 911 emergency telephone system.
There shall be no automatic alarm system with direct communication of any type to an emergency agency without prior written authorization from the emergency agency where the alarms terminate or connect.
It shall be a violation of this article to cause or permit an avoidable alarm. The owner, user, custodian, operator or lessee of the alarm system from which an avoidable alarm emits shall be held accountable for all avoidable alarms emitting from that alarm system and shall be fully liable for all fines arising therefrom.
The designated enforcement officer of the Town shall keep a record of all avoidable alarms relayed by all alarm systems installed within the Town.
An owner, user, custodian, operator, or lessee of an alarm system that emits an avoidable alarm shall be penalized for each avoidable alarm in each calendar year as follows:
First through third avoidable alarm: a written notice of warning shall issue for each avoidable alarm; no fine shall be assessed.
Fourth or more avoidable alarm: such avoidable alarms shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.