[HISTORY: Adopted by the Town Board of the Town of Johnstown 12-21-1992 by L.L. No.
5-1992. Amendments noted where applicable.]
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the Town of
Johnstown by reducing the number of avoidable alarms to emergency
agencies. Avoidable alarms contribute to inefficient utilization of
public safety manpower and equipment. In addition, avoidable alarms
require emergency responses which may contribute to a high accident
rate and delayed responses to genuine emergencies. This chapter seeks
to ensure that alarm systems will be properly maintained in order
to reduce the frequency of avoidable alarms.
As used in this chapter, the following terms shall have the
meanings indicated:
Any type of alarm actuating equipment which provides warning
of intrusion, fire, smoke, burglary, flood or like perils, including
dial alarms, direct alarms and any audible alarms or other type of
alarm.
Any person who owns, leases or uses an alarm device within
the Town of Johnstown, except for a person whose alarm device is on
a motor vehicle. "Person" includes an individual, partnership or corporation.
Any alarm device which is a telephone device or telephone
attachment that automatically or electronically transmits a signal
to preselected telephone lines connected to a central alarm station
and reproduces a prerecorded message to report a criminal act or other
emergency requiring police, fire or medical emergency response.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner,
user, custodian or lessee of any alarm system or his employees or
agents or through any other cause which indicates that an emergency
situation exists requiring an emergency response within the Town of
Johnstown, when in fact an emergency situation does not exist. An
"avoidable alarm" also includes knowing or intentional activation
of an alarm when the activator knows that an emergency does not exist.
An "avoidable alarm" does not include alarms activated by violent
conditions of nature, such as earthquakes, hurricanes or any other
similar cause beyond the control of the user of an alarm system. Activation
of an alarm system under any circumstances in which the activator
reasonably believes that an emergency situation exists is not an "avoidable
alarm."
An office to which remote alarms and supervisor resignaling
devices are connected and where personnel are in attendance at all
times to supervise the circuits and investigate signals.
Every owner or lessee of an alarm system or device must furnish
the central station and the Town Clerk with a current list of information
which states the following:
A.Â
The
name, residence address and telephone number of owner or lessee.
B.Â
The
name, address and telephone number of any person at a different location
who is authorized to respond to an emergency and open the place where
the alarm system is installed.
C.Â
For
any commercial or industrial location, the name and telephone number
of at least three persons to contact in case of an emergency who have
access to the building where the alarm system is installed to reset
the alarm.
No owner or lessee of a building shall have in operation an
audible alarm thereon unless such alarm shall be capable of and shall
automatically terminate its operations within 30 minutes of its being
activated and reset.
A.Â
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.Â
All
fire alarm systems must be tested and serviced at least annually by
a qualified installer and have certification on the equipment stating
when the system was serviced.
C.Â
If
the Code Enforcement Officer or the Fire Chief of the fire district
in which the premises is located shall determine that the alarm system
is malfunctioning and causing a dangerous situation for the men and
equipment of any Fire Department, the system shall be ordered disconnected
from the 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 deemed to be in proper operating condition by a qualified
installer submitting a certificate so stating to the Code Enforcement
Officer.
[Amended 1-19-2009 by L.L. No. 1-2009]
A.Â
In
the event that more than six avoidable alarms are reported within
a calendar year period for any premises, the owner or lessee of the
premises covered by the alarm device shall be charged a fee by the
Town of Johnstown Clerk of $100 for each subsequent avoidable alarm,
which fee must be paid within 10 days. Failure to pay the fee shall
be a violation of this chapter punishable by a fine. Upon receipt
of the fee, the Town Clerk shall transmit 75% thereof to the fire
department which responded to the avoidable alarm as partial reimbursement
to it for the cost of equipment and services employed in responding
to such alarm.
B.Â
Fees
collected by the Town Clerk and remitted to the Supervisor during
calendar year 2008 shall be disbursed by the Supervisor to the appropriate
fire department in accordance with this section.
A.Â
A
violation of this chapter or any portion thereof is hereby declared
to be an offense punishable by a fine of up to $250 for each and every
violation. Each day that such violation continues shall constitute
a separate offense.
