[HISTORY: Adopted by the Town Board of the Town of Elmira 4-17-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
noise — See Ch. 145.
The purpose of this chapter is to establish standards and controls for the installation, operation and maintenance of any automatic alarm device, including any such device already in use within Town of Elmira Fire and Traffic District #1, County of Chemung, State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- ALARM INSTALLATION
- Any AAD installed on or within a single building or within several buildings or areas adjacent.
- AUTOMATIC ALARM DEVICE or AAD
- Any device which automatically causes a signal, voice recording or other communication to be transmitted direct to any emergency service or central alarm office or any device designated to activate an external alarm located on the same premises as the device. Specifically excluded from this definition are devices commonly known as "single-station smoke detectors" not connected to any other audible device.
- CENTRAL ALARM OFFICE
- Any facility operated by other than emergency services which is staffed by persons who receive, record or validate AAD signals and relays information pertinent to such signals to any emergency service.
- CENTRAL DISPATCH FOR EMERGENCY SERVICE or CENTRAL DISPATCH
- Any emergency service facility which activates responses to alarms.
- EMERGENCY SERVICE
- Any fire, police, medical, ambulance or other agency which provides emergency services.
- FALSE ALARM
- Any signal activated by an AAD, to which an emergency service is caused to respond, which is not the result of a fire, intrusion, robbery, medical or other emergency.
- INSPECTING AGENCY
- Any appropriate emergency service designated by the Town of Elmira to approve or disapprove applications for permits to install or permits to operate an AAD.
Unlawful use. It shall be unlawful to install an AAD without first obtaining a permit to install from the permitting authority, and it shall be unlawful to operate or maintain an AAD without obtaining from the permitting authority a permit to operate.
Permit to install, operate or maintain. Any property owner or lessee of property who wishes to install, operate or maintain an AAD on his or its premises shall make application to the permitting authority for a permit to install. Such application shall be on a form supplied by the permitting authority and shall contain plans and specifications and other information required by the permitting authority. The permitting authority shall not issue a permit to install until the inspecting agency or an inspector acceptable to the Town Board has first reviewed and approved the application. The permitting authority shall not issue a permit to operate until the inspecting agency or an inspector acceptable to the Town Board has inspected and approved the installation and proposed method of operation.
Existing devices. Applications for permits to operate devices installed prior to the effective date of this chapter shall be made to the permitting authority within 180 days of the effective date of this chapter.
Permits. There shall be a fee for permits in an amount to be determined by the Town Board.
Central dispatch fees. Fees for alarm services which terminate at any central dispatch shall be determined by the emergency service providing such service and approved by the Town Board of the Town of Elmira.
In the event of any denial, suspension, or revocation of either a permit to install or a permit to operate, any owner or lessee of the premises shall initially direct notice to the permitting authority; and in the event that such denial, suspension or revocation cannot be resolved to the satisfaction of the owner or lessees, such person shall then have the right to bring the matter of the denial, suspension, or revocation before the Town Board by filing with the Town Clerk a written statement of the nature of such denial, suspension or revocation, after which the Town Board shall call a meeting within 30 days of receipt of such written statement to inquire into such denial, suspension or revocation, with the right of such person to present witnesses and such other evidence as he may have so as to establish the propriety of his claim.
If an AAD alarm activates, the inspecting agency or an inspector acceptable to the Town Board shall inspect the AAD within five days after the date of the alarm.
Any owner or lessee of property having an AAD on his or its premises shall pay to the permitting authority a charge for each and every false alarm to which emergency services respond, in each calendar year, as follows:
First false alarm: No charge.
Second false alarm: $50.
Third to fifth false alarms: $75 each.
Over five false alarms: $100 each.
The above charges shall be paid to the Town Clerk, and any failure to pay such charges shall subject such owner, lessee or user to the penalty provisions of this chapter.
The installation, operation and maintenance of AADs permitted by this chapter, including the connection to central dispatch, must be made at no cost to the permitting authority or any emergency service.
If the location of any central dispatch should be changed, neither the permitting authority nor any emergency service shall be liable for any expense incurred by the owner, lessee or user for moving alarm systems or reconnecting such systems.
The inspecting agency shall recommend reasonable rules, regulations and standards for the administration of this chapter, which shall become effective upon approval by the Town Board. The permitting authority shall provide for the administration and enforcement of the provisions of this chapter. The aforesaid rules, regulations or standards shall be set forth in writing and copies shall be made available to applicants.
Central dispatch is authorized to prescribe the location and manner of installation of any telephone line, cable or device into central dispatch.
Any AAD installed in any commercial or public building or multiple dwelling shall be inspected annually by the inspecting agency or an inspector acceptable to the Town Board and a report shall be filed with the permitting authority.
Any person, firm, corporation or other violating any provision of this chapter shall be deemed guilty of an offense and, upon conviction thereof, shall be subject to a fine not exceeding $250, or to imprisonment for a period not to exceed six months, or to both, for each and every violator and for each and every week that such violation continues.
In addition to other penalties, the Town of Elmira may institute any appropriate action or proceeding to prevent the unlawful installation or operation of an automatic alarm device in violation of the requirements of this chapter.
The Town of Elmira shall not be liable for any defect in the operation of alarm systems, for the failure to respond appropriately, or any errant response upon receipt of signal, nor for the failure or defect of any permit referenced in this chapter with respect to the installation, operation or maintenance of equipment, the transmission of signals or messages, or the relaying of such signals or messages.