[HISTORY: Adopted by the Town Board of the
Town of Marilla 10-9-2008 by L.L. No. 4-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 209.
This chapter shall be known as "Local Law No.
4 of the Year 2008, entitled Alarm Device Law of the Town of Manilla."
The purpose of this chapter is to protect and
promote the health, safety and general welfare of the residents of
the Town of Marilla by reducing the number of avoidable alarms of
fire, intrusion, holdup or other emergencies which contribute to ineffective
utilization of police and fire emergency 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 purpose of this chapter, the following
words and phrases shall have the meanings respectfully ascribed to
them by this section:
A device or an assembly of equipment which is designed to
detect smoke, an 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.
A device that automatically dials and relays a prerecorded
message to an emergency agency.
The Erie County Sheriff, New York State Police, fire company,
central fire dispatch or other emergency dispatch center.
The owners and lessees of premises having alarm
systems shall comply with all provisions of this chapter on or before
one year from the effective date of this chapter.
A.
No person shall install or maintain an external audible
alarm device which does not contain an operational automatic cutoff
system which turns off the external audible alarm after a period not
to exceed 10 minutes.
B.
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.
A.
No alarm system shall have an automatic dialer feature
or other type of alarm alert which connects automatically to enhanced
911 or 911 emergency telephone systems.
B.
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.
A.
The activation of an alarm system through mechanical
failure, malfunction, improper installation or the negligence of the
owner, user, custodian or lessee of an alarm system or of his employees
requiring an emergency response when in fact an emergency does not
exist constitutes an avoidable alarm. An avoidable alarm also includes
intentional activation of an alarm system when the activator knows
an emergency situation does not exist.
B.
An avoidable alarm does not include alarms activated
by violent conditions of nature or similar causes beyond the control
of the user, owner or operator of the alarm system. The activation
of an alarm system under any circumstances in which the activator
reasonably believes that the emergency situation exists shall not
be deemed to be an avoidable alarm.
An owner or lessee of real property to which
an emergency agency responds as a result of an avoidable alarm shall
pay a fee for each such response in each calendar year as follows:
The owner or lessee of real property which receives
an emergency response by reason of an avoidable alarm shall be notified
in writing by means of first class mail of all avoidable alarms up
to three police alarms and/or one fire alarm in a calendar year. The
letter shall inform the owner or lessee of the times and types of
emergency responses provided to the address location and shall contain
with it a copy of this chapter.
A committee consisting of a Marilla Code Enforcement
Officer, a representative of the Marilla Fire Department and a representative
from the Town Board shall establish policies and procedures whereby
an owner of real property or lessee thereof on which an alarm system
has been installed and who has been notified of an avoidable alarm
may present evidence as to why any such alarm should not be classified
as an avoidable alarm. The committee shall receive such evidence and
make recommendations and findings of fact concerning such classification.
The Committee shall make the final determination concerning a classification,
which determination shall be reviewable only pursuant to procedures
under Article 78 of the Civil Practice Law and Rules. To challenge
the classification of an alarm as an avoidable alarm, the real property
owner or lessee thereof shall, in writing, notify the Committee within
20 days after receipt of notice of the avoidable alarm. The failure
to give timely notice shall be deemed a waiver of the right to review
the determination.
Avoidable alarm charges shall be paid to the
Town Clerk's Office, which is hereby authorized to collect such charges
by the Town Board from time to time.
Failure of a real property owner or lessee of
property on which an alarm system is installed to pay the avoidable
alarm charge, within 30 days from notice of the amount due, shall
be served with a summons and shall be deemed a violation of this chapter.
The Town of Marilla Building Department shall
enforce this chapter for alarm systems which detect medical emergencies
and entry or exit from a building, structure or facility and for alarm
systems which detect smoke, fire or an abnormal rise in temperature.
Any person, business, firm, corporation, partnership,
association or other entity that does not pay the fee as established
in this chapter or who violates any other provisions of this chapter
shall be subject to a civil penalty not to exceed $1,000 for each
offense. A separate offense shall be deemed committed upon each day
during which a violation occurs, continues or is permitted.
