[HISTORY: Adopted by the Town Board of the
Town of Rochester at time of adoption of Code 4-2-1998 by L.L. No. 2-1998 (see Ch. 1, General Provisions, Art. I). Amendments noted where
applicable.]
This chapter shall be known as the "Fire Alarm
System Local Law of the Town of Rochester."
As used in this chapter, the following terms
shall have the meanings indicated:
Any mechanical or electrical device or system which is designed
or used for mechanically or electronically alerting others to the
commission of an unlawful act or the existence of an emergency situation,
whether installed within or without the building. This system produces
a signal, message or warning, directly or indirectly, to the Ulster
County Emergency Communications Center (UCECC) which requires immediate
investigation and response by the Fire District(s) or Fire Company(s).
Said alarm system shall include telephonic alarm systems, which are
further defined to mean any mechanism, equipment or device which is
designated to operate automatically through the use of public telephone
facilities to transmit a signal, message or warning to another location.
The activation of the alarm system necessitating response
by the Accord Fire Company or District or the Kerhonkson Fire District
or any fire company where an emergency does not exist due to, but
not limited to, failure, malfunction, improper installation of the
alarm system or other negligence. False alarms do not include alarms
caused by hurricanes, tornadoes or other violent weather conditions
or by interruptions in electrical service beyond the control of the
person owning the system.
A natural person, firm, partnership, association, corporation
or government entity or representative or agent of said entities who
is the owner or lessee occupant of a building or structure equipped
with an alarm system.
[Added 12-30-1998 by L.L. No. 4-1998]
Both the installer of the system and the person
on whose premises the system will be installed, in the event of a
false alarm, as that term is previously defined, will indemnify the
Fire District(s) or Fire Company(ies) responding to said such false
alarm and hold them harmless against any claim(s) for damages to person
or property arising from the answer ring of said false alarm.
The Chief of the Fire District(s) or Fire Company(s)
or his designated deputies shall have the right to inspect the alarm
system at the premises on which it is located upon consent of the
owner, occupants or lessee of the property or, if such consent is
not given, upon obtaining an administrative search warrant from a
court of competent jurisdiction. Nothing set forth in this chapter
shall be deemed or intended to restrict the ability of the Chief of
the Fire District(s) or Fire Company(s) to inspect the alarm system
on the subject premises without consent or without a warrant in case
of an emergency.
A.
Whenever the alarm system activates more than one false alarm in any twelve-month period, such shall be a violation of this chapter, and the person then operating, maintaining or allowing said system to be operated or maintained shall be subject to the penalties provided for in § 51-6 of this chapter.
B.
Any fire officer responding to any false alarm shall
file a report indicating said incident and any actions taken by him
or her with regard to said false alarm. The original copy of said
report shall be filed with the Board of Commissioners of the Fire
District(s) and a copy with the Code Enforcement Office, and a copy
thereof shall be delivered to the property owner and/or occupant,
in person or by certified mail, return receipt requested, at the address
listed in said notice. The Code Enforcement Officer shall maintain
a record of the same and initiate a complaint against the owner and/or
occupant after the occurrence of the second false alarm.
[Amended 12-30-1998 by L.L. No. 4-1998]
[Amended 12-30-1998 by L.L. No. 4-1998]
The failure of any person to comply with any
provision of this chapter shall constitute a violation and shall subject
the violator to a fine of $100 for the first violation, a fine of
$200 for the second violation and for any subsequent violations thereafter
a fine of $500 and/or 10 days' imprisonment, or both. Each day that
such violation continues shall constitute a separate offense.
