[HISTORY: Adopted by the Town Board of the Town of Elmira 4-17-1989 by L.L. No.
1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
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.
- PERMITTING AUTHORITY
- The Town of Elmira, New York.[1]
A.
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.
B.
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.
C.
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.
A.
Permits. There shall be a fee for permits in an amount to be determined
by the Town Board.
B.
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.
A.
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:[1]
B.
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.
A.
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.
B.
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.
