[HISTORY: Adopted by the Town Board of the Town of Pine Plains 4-19-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
The Town of Pine Plains recognizes the need for externally audible
alarms as a protection against and as a deterrent to the burglary
of structures or fires or other emergencies for structures located
in the Town of Pine Plains. The Town of Pine Plains declares, however,
that the reasonable objectives of externally audible alarms are accomplished
when the sound associated with their operation persists for not more
than 20 minutes. The operation of externally audible alarms for more
than 20 minutes does not serve any legitimate objective or purpose.
The sound associated with the operation of an externally audible alarm
becomes unreasonable after 20 minutes of operation and constitutes
a public nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Includes any burglar, theft, fire, heat, or other emergency
alarm which emits audible noise, whether internally in or externally
to a structure, business or dwelling, including, but not limited to,
alarms with automatic dialers to central station monitoring facilities
or emergency response agencies.
Any warning device designed to produce an audible sound when
triggered by the unauthorized entry into or tampering with the structure
to which it is affixed. An externally audible alarm may be located
wholly within a structure, provided it emits a sound which is audible
outside of the structure.
The continuous or intermittent emission of a sound from an
alarm.
Any natural person, partnership, corporation, association
or other legal entity.
The noise produced by a horn, siren, bell, buzzer, voice
recording or any other device, the principal purpose of which is to
create a noise to attract attention or to give warning.
A.Â
No person shall affix an alarm to or install an alarm on or within
any structure within the Town of Pine Plains or cause the same to
be done without first securing a permit from the Town of Pine Plains.
Applications for permits shall be made by the owner or lessee or person
employed in connection with the proposed work. Every person desiring
to obtain said permit shall file with the Town of Pine Plains Building
Inspector a written application upon a blank form prepared and furnished
by the Town of Pine Plains. An application must be accompanied by
a fee of $10 before a permit is issued.
B.Â
Such application shall contain the following information:
(1)Â
The name, residence address and telephone number of the owner/lessee
of the premises, and the Tax Grid number of the property on which
the alarm is installed, along with the Dutchess County E-911 property
address for the premises for which the alarm is installed.
(2)Â
The name, address and telephone number of any one other person other
than the owner/lessee who is authorized to respond to an emergency
and open the building where the alarm system is installed to reset
the alarm.
(3)Â
In the case of a business location, the owner/lessee shall provide
the names of at least three persons to contact in case of an emergency
and who have access to the building to reset the alarm.
(4)Â
A statement that the external audible alarm is capable of and shall
automatically terminate its operation within 20 minutes of its being
activated.
It shall be unlawful for the owner/lessee having possession
or custody of any structure to which an externally audible burglar
alarm is connected or affixed to permit or suffer or allow the operation
of that externally audible alarm for a period in excess of 20 minutes.
Such operation constitutes a public nuisance. In addition to any other
penalty permitted or allowed under the laws of the State of New York,
any person convicted of a violation of this article shall pay a fine
of $50 for the first offense, $100 for the second offense and $200
for each offense thereafter.
The Town of Pine Plains recognizes the need and legitimate purpose
of burglar alarm systems in buildings and structures which may be
connected directly to the Pine Plains Fire District, including the
Pine Plains Fire Company or Rescue Squad, a central monitoring system,
emergency response (E-911), or the Sheriff or State Police, so as
to trigger a response and investigation by any of the above entities.
The Town of Pine Plains finds, however, that there have been frequent
false alarms to the Pine Plains Fire District, including the Pine
Plains Fire Company or Rescue Squad, because of alarm malfunctions.
This has resulted in the unnecessary response by the Pine Plains Fire
District or the Rescue Squad to alarms and needless waste of fire,
rescue and law enforcement resources which are necessary to protect
the public safety, health and welfare. This article is designed to
remedy the problem of false alarms to the Pine Plains Fire District,
including the Pine Plains Fire Company or Rescue Squad.
As used in this article, the following terms shall have the
meanings indicated:
Any mechanical or electrical device or system which is designed
or used for the detection of any unauthorized entry into a building,
structure or facility or used for mechanically or electronically alerting
others to the commission of an unlawful act, whether installed within
or without the building. This system produces a signal, message or
warning directly to emergency response (E-911), the Pine Plains Fire
District, including the Pine Plains Fire Company or Rescue Squad,
to some other location, which is then reported, referred, telephoned,
transmitted or in some other manner communicated to emergency response
(E-911), the Pine Plains Fire District, including the Pine Plains
Fire Company or Rescue Squad, by any method whatsoever, including
but not limited to the owner of a business or his/her employee or
representative, an alarm company or its representative, an answering
service or any other person reacting to or responding to said signal,
message, warning or any audible alarm which requires immediate investigation
and response by the Department. Said alarm system shall include but
not be limited to telephonic or wireless alarm systems which are defined
to mean any mechanism, equipment or device which is designed to operate
automatically through the use of public telephone, radio, satellite,
or wireless communication facilities to transmit a signal, message
or warning to another location.
The activation of the alarm system because of but not limited
to mechanical failure, malfunction, improper installation or negligence
by a person or when activation results in a response by the Pine Plains
Fire District, including the Pine Plains Fire Company or Rescue Squad,
where an emergency does not exist. False alarms do not include alarms
caused by hurricanes, tornadoes or other violent weather conditions.
A natural person, firm, partnership, association or corporation
or representative or agent of said entities who is the owner or lessee
of an alarm system.
A.Â
No person shall install an alarm system on or within any structure
within the Town of Pine Plains or cause the same to be done without
first securing a permit from the Town of Pine Plains. Applications
for permits shall be made by the owner or lessee or person employed
in connection with the installation of the alarm system. Every person
desiring to obtain said permit shall file with the Town of Pine Plains
Building Inspector a written application upon a blank form prepared
and furnished by the Town of Pine Plains Building Inspector a written
application upon a blank form prepared and furnished by the Town of
Pine Plains. An application must be accompanied by a fee of $10 before
a permit is issued.
B.Â
Such application shall contain the following information:
(1)Â
The name, residence address and telephone number of the owner/lessee
of the premises, and the Tax Grid number of the property on which
the alarm is installed, along with the Dutchess County E-911 property
address for the premises for which the alarm is installed.
(2)Â
The name, address and telephone number of any one other person other
than the owner/lessee who is authorized to respond to an emergency
and open the building where the alarm system is installed to disconnect
or reset the alarm.
(3)Â
In the case of a business location, the owner/lessee shall provide
the names of at least three persons to contact in case of an emergency
and who have access to the building to reset the alarm.
(4)Â
The name, address and telephone number of the installer of the system
and company who will monitor the alarm system and report alarms to
the Fire Department.
C.Â
The owner/lessee shall update said form as necessary so that the Town of Pine Plains has current information as required by Subsection B of this section.
D.Â
All persons operating or maintaining an existing alarm system must
obtain a permit within 90 days after the effective date of this article.
A.Â
The failure of any person to comply with the provisions of this article
requiring the filing for and obtaining of a permit shall result in
a fine in the amount of $50.
B.Â
Penalties for false alarms.
(1)Â
Upon the fourth false alarm in any one calendar year, a person shall
be subject to a fine of $50 for that false alarm, $100 for the fifth
false alarm and $200 for each false alarm thereafter.
(2)Â
Written notice by certified mail through the United States Postal
Service shall be sent from the Chief of the Pine Plains Fire District,
including the Pine Plains Fire Company and Rescue Squad, or the Building
Inspector to the person who is listed as the owner or lessee of the
alarm system stating that after the third false alarm in any one calendar
year, fines in the amounts of $50 to $200 will be payable for subsequent
false alarms. The failure of such written notice to be sent or received
shall not act as a bar to the enforcement of this regulation.
C.Â
Violators shall be prosecuted and penalties shall be collected in the manner prescribed by law or ordinance effective in the Town of Pine Plains, including the right of a fire official or Building Inspector of the Town of Pine Plains to issue an appearance ticket for the Town of Pine Plains Justice Court for a violation of this article. A violation of this article is punishable by a fine as set forth in Subsections A and B of this section.
