[HISTORY: Adopted by the Town Board of the
Town of Fallsburg 4-11-2000 by Ord. No. 1-2000 (Ch. 75 of the 1971
Code). Amendments noted where applicable.]
Because faulty alarm systems cause a serious
public and official nuisance that may detract from normal police and
fire activity, the following chapter is enacted to increase the reliability
of police and fire protection.
The intent of this chapter shall be to provide
the regulation and setting of standards for police, fire or other
emergency alarm systems in the Town of Fallsburg, County of Sullivan,
State of New York, together with fees and procedures for connections
of such devices. This chapter shall pertain to various types of burglar,
fire and other emergency alarm devices whether by direct line, radio,
telephone or other means of activation of said device.
As used in this chapter, the following terms
shall have the meanings indicated:
Any alarm system activating equipment that provides a warning
of an intrusion, fire, smoke, flood or other peril.
That type of device using telephone lines transmitting an
alarm directly to the Town of Fallsburg Police Department and/or Fire
Department.
Any alarm activated by inadvertence, negligence or intentionally
by someone other than an intruder and shall include alarms caused
by malfunction of the alarm device or other relevant equipment.
Any alarm or device which, when activated, produces an audible
or visual signal which is not connected to the telephone lines of
the Town of Fallsburg Police Department or which can be heard or seen
by the general public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
It shall be unlawful for any person, firm, association
or corporation to connect or cause to be connected any dial alarm
into the Town of Fallsburg Police Department and/or Fire Department
or any device that automatically connects the alarm device to and
causes a message to be received by any Town police or Fire Department
personnel or other Town telephone.
It shall be unlawful for any person, firm, association
or corporation to connect or install or to continue to be connected
or installed any local alarm within the Town of Fallsburg, unless
such person, firm, association or corporation has registered said
alarm with the Town of Fallsburg Police Department.[1]
[1]
Editor's Note: The registration form is on
file in the Town offices.
Any registration may be denied if the Chief
of Police disapproves the equipment intended to be used by the registrant
or the manner of use thereof or if the registrant has violated any
other provisions of this chapter.
Unless required by law, no alarm device which
produces an exterior audible signal shall be installed unless its
operation is automatically restricted to a maximum of 15 minutes,
except that Underwriters Laboratories, Inc. certified commercial systems
which require a minimum of 30 minutes shall be restricted to 30 minutes,
provided that if at any time the minimum shall be reduced, the maximum
permitted under this exception shall be reduced in conformity therewith.
All registrations as may be granted hereunder
shall be accepted upon the express conditions that:
A.Â
The registrant shall defend, indemnify and save harmless
the Town of Fallsburg and its authorized officials, agents and employees
from and against any and all damages, costs, expenses and liability
arising out of any defects, deficiencies or inadequacies in any alarm
device or devices for which registration has been granted, or in any
installation, monitoring or maintenance thereof or by reason of any
malfunction or defect in the operation or maintenance of the alarm.
B.Â
The registrant shall comply with all provisions of
this chapter.
All equipment to be used by the registrant shall
be described in the registration and shall be of a type approved by
the Federal Communications Commission and the Town of Fallsburg Police
Chief.
It shall be the responsibility of the owner
of such alarm equipment to maintain the same in proper operating condition
at all times. In the event of failure of any owner to properly maintain
such equipment in such a manner as to limit false alarms, the service
provided by the Town may be discontinued upon 10 days' written notice
to the owner at the address of the improperly maintained equipment.
Except as to violations of § 80-5 of this chapter, any person who shall violate any of the terms or provisions of this chapter shall be guilty of an offense against this chapter and shall be punished by a fine of $25 for each offense. Any violations of § 80-5 shall be punishable by a fine of $75.
A.Â
In the case of false alarms, any person having knowledge
thereof shall immediately notify the Town of Fallsburg Police Department.
The Chief of Police of the Town shall cause an investigation to be
made and shall make a report of all incidents and keep records of
same.
B.Â
For such false alarms, the following penalties apply:
[Amended 5-11-2010 by L.L. No. 7-2010; 10-24-2022 by L.L. No. 6-2022
(1)Â
For the first false alarm, whether fire, burglar or other alarm,
in any calendar year, a warning will be issued.
(2)Â
For all subsequent false alarms in the same calendar year, a notice
of violation, appearance ticket or summons may be issued by the Town
Police Department and/or Code Enforcement Officer. Each violation
shall be subject to a fine or civil penalty in an amount not to exceed
$500.
(3)Â
In addition, the Code Enforcement Officer may issue a written order
to the owner or operator of the alarm equipment requiring the owner
or operator to disconnect the alarm from service. If four or more
false alarms occur at the same property in a calendar year, the Code
Enforcement Officer may revoke the certificate of occupancy of the
building, and the certificate of occupancy will not be reinstated
until the alarm system is recertified by the alarm company.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
A.Â
Any unauthorized equipment may be ordered disconnected
by the Chief of Police (or his designee) for noncompliance with this
chapter.
B.Â
Any person installing or maintaining unauthorized
equipment shall be prosecuted for a violation of this chapter. Each
and every day said equipment is in operation shall be considered a
separate violation.
