[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 9-7-2010 by L.L. No.
2-2010. Amendments noted where applicable.]
The purpose of this chapter is to protect and promote the health,
safety and general welfare of the residents of the Town of Cheektowaga
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 designed to detect smoke,
abnormal rise in temperature, fire, medical emergency or an entry
into or exit from a building, structure or facility and which 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 activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence or carelessness
of the owner, user, custodian, operator or lessee of an alarm system
or that person's employee(s), guest(s) or agents requiring an
emergency response from an emergency agency when in fact an emergency
requiring such response does not exist. An avoidable alarm is also
the intentional activation of an alarm system when the person activating
it knows an emergency does not exist, as well as all alarm system
activations in which an investigation by a police officer and/or fire
district officer of the town reveals no evidence of the existence
of an emergency. An avoidable alarm is not deemed to include the activation
of an alarm system by violent conditions of nature, acts of God or
similar causes beyond the control of the owner, user, custodian, operator
or lessee of an alarm system or that person's employee(s), guest(s),
or agent(s), nor is an avoidable alarm deemed to be the activation
of an alarm system under any circumstances in which the person activating
the alarm system reasonably believes that an emergency situation exists.
The Police Department or Fire District, or the Town of Cheektowaga
Emergency Dispatch Center.
Exempt from this chapter will be Town buildings, i.e., buildings
owned or operated by the Town of Cheektowaga, and fire stations within
the Town of Cheektowaga.
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 the enhanced 911 emergency
telephone system.
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.
General provisions:
(1)
It shall be a violation of this chapter to cause or permit an avoidable
alarm. The owner, user, custodian, operator or lessee of an alarm
system shall be held accountable for all avoidable alarms emanating
from that alarm system and shall be fully liable for all fines arising
therefrom.
(2)
The Police Department of the town shall keep a record of all avoidable
alarms relayed by all alarm systems installed within the town.
B.
Charges. An owner or lessee of real property to which an emergency
agency responds as a result of an avoidable alarm shall pay a fine
for each such response in each calendar year as follows:
C.
Notice of avoidable alarm. The owner or lessee of real property which
receives an emergency response by reason of an avoidable alarm shall
be notified in writing by the Police Department, by means of first
class mail, of all avoidable alarms. 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 Alarm
Systems Law.
D.
Administrative review. The Chief of Police shall establish a policy
and procedure 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. An Avoidable Alarm
Review Board consisting of designated representatives from the Police
Department, affected Fire Department and the Cheektowaga Chamber of
Commerce, not to exceed five in total, shall conduct a hearing to
receive such evidence and make recommendations and findings of fact
concerning such avoidable alarm classification. The Avoidable Alarm
Review Committee shall make the final determination concerning a classification,
which determination shall be reviewed 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 Chief of Police
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.
E.
Payment of fines. Avoidable alarm fines shall be paid to the Police
Department of the Town of Cheektowaga at 3223 Union Road, Cheektowaga,
New York 14227.
F.
Failure to remit fine. In the event of failure by a real property
owner or lessee of property on which an alarm system is installed
to either request administrative review of a proposed fine or pay
the avoidable alarm fine within 30 days from the date of notice of
the amount due, the Town of Cheektowaga shall add the amount of the
fine onto the property owner's next County/Town tax bill.
The Chief of Police of the Town shall enforce this chapter for
avoidable alarms emanating from alarm systems. For that purpose, all
sworn police officers are authorized to issue and serve appearance
tickets or summonses.
Any person, business, firm, corporation, partnership, association
or other entity that violates any provisions of this code (other than
fines for avoidable alarms) 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.
The provisions of this law shall be applicable within the boundaries
of the Town of Cheektowaga, excluding the villages of Sloan and Depew.
If any section, clause or provision of this chapter or the application
thereof to any person is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof which can be sustained or given effect without the invalid
section, clause or provision or application, and to this end the various
sections, clauses or provisions of this chapter are declared to be
severable.
The chapter shall become effective January 1, 2011.
