The purpose and intent of this chapter of the Town of Lake George
Code is to provide for fines for false alarms relayed to the Lake
George Fire Department. The Lake George Fire Department has experienced
an increase in false alarms related to structures where no local person
is available to contact relative to such false alarm. Such increase
in frequency puts firefighters and EMS personnel at risk and unnecessarily
burdens such personnel and the budgets of such organizations.
As used in this chapter, the following terms shall have the
meanings indicated:
ALARM SYSTEM
Any apparatus or equipment whereby upon the triggering of
such apparatus or equipment an emergency message or signal is sent,
directly or indirectly, to the Lake George Fire Department, or other
EMS, police or security forces.
FALSE ALARM
Any emergency message or signal which is transmitted, directly
or indirectly, to the Lake George Fire Department, or other EMS, police
or security forces, which is not the result of an actual fire or health
emergency or crime in progress. An activated alarm signal which is
promptly followed by a good faith call to dispatch personnel that
the message or signal may be disregarded shall not constitute false
alarm.
No person or entity shall use an alarm system in the Town of
Lake George except in accordance with this chapter and other applicable
laws or regulations. Each person or entity using an alarm system shall:
A. Include a disabling mechanism for such alarm system to be automatically
disabled immediately after 15 minutes of continuous system operation;
B. For non-owner-occupied structures where the owner thereof does not
reside in the Town of Lake George, the owner shall designate a local
agent who can be contacted by local authorities for the disabling
and reporting on all alarms from such system.
Each person or entity using an alarm system in the Town of Lake
George shall complete and maintain an alarm system form in such form
and substance as shall be required by the Town Board. Such form shall
include, but not be limited to, emergency contact information for
the owner and tenants. Effective within 90 days from the date of the
adoption of this chapter, all owners or tenants of real property in
the Town of Lake George where an alarm system is used shall file with
the Town such alarm system form.
Any person or entity using of occupying property in the Town
of Lake George having an alarm system subject to the provisions of
this chapter shall pay to the Town of Lake George for each and every
false alarm as follows:
A. First false alarm in each prior twelve-month period: no charge;
B. Second false alarm in each prior twelve-month period: no charge;
C. Third false alarm in each prior twelve-month period: $100;
D. Fourth false alarm in each prior twelve-month period: $200;
E. Fifth false alarm in each prior twelve-month period and for every
false alarm thereafter: $350, plus $100 for each false alarm beyond
five within each prior twelve-month period.
A violation of this chapter, including but not limited to failure
to pay the fee set forth above for false alarms, is hereby declared
to be an offense punishable by a fine not less than $250 for each
and every week the violation exists, or imprisonment for a period
not to exceed six months, or both, for the conviction of a first offense.
Conviction of a second offense, both of which were committed within
a period of five years, is punishable by a fine of not less than $500
for each and every day the violation exists, or imprisonment for a
period not to exceed six months, or both. Conviction for a third or
subsequent offense, all of which were committed within a period of
five years, is punishable by a fine of not less than $750 for each
and every day the violation exists, or imprisonment for a period not
to exceed six months, or both.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This chapter shall take effect upon filing in the office of
the New York State Secretary of State or as otherwise provided by
law.