[Adopted 4-24-2017 by L.L. No. 1-2017]
This article shall be known as Local Law No. 1 of the Year 2017,
entitled "Avoidable Alarm and Knox Box Law of the Town of Newstead."
The purpose of this article is to protect and promote the health,
safety and general welfare of the residents of the Town of Newstead
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, and to require the installation of Knox-Boxes in all commercial
buildings in the Town of Newstead outside the Village of Akron.
For the purpose of this article, the following words and phrases
shall have the meanings respectfully ascribed to them by this section:
ALARM SYSTEM
A device or an assembly of equipment which is designed to
detect smoke, an abnormal rise in temperature, fire, medical, emergency
or an entry into or exit from a building, structure or facility and
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.
AUTOMATIC DIALER
A device that automatically dials and relays a prerecorded
message to an emergency agency.
EMERGENCY AGENCY
The Erie County Sheriff, New York State Police, Fire Company,
central fire dispatch or other emergency dispatch center.
KNOX-BOX
A locked box mounted near a building entrance containing
a key to the building to provide for access by emergency responders,
which box is accessible only by way of a master key maintained in
a secure location at the local fire company responsible for responding
to fire calls where the building is located.
The owners and lessees of premises having alarm systems shall
comply with all provisions of this article on or before one year from
the effective date of this article.
An owner or lessee of real property to which an emergency agency
responds as a result of avoidable alarm shall pay a fee for each such
response in each calendar year as follows:
A. Police agency response.
(1) First through third avoidable alarm responses: no charge.
(2) Fourth through sixth avoidable alarm responses: $35 for each.
(3) For each avoidable alarm response after the sixth, the fee shall increase by $10 from the fee of $35 provided at Subsection
A(2). Example: Avoidable alarm response:
B. Fire Department response.
(1) First avoidable alarm response: no charge.
(2) Second avoidable alarm response: $50.
(3) Third and over avoidable alarm responses: $100 for each.
The owner or lessee or real property which receives an emergency
response by reason of an avoidable alarm shall be notified in writing
by means of first-class mail of all avoidable alarms up to three police
alarms and for one fire alarms in a calendar year. 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 article.
A committee consisting of a Newstead Building Inspector, a representative
of a service organization and a professional business person shall
establish policies and procedures 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.
The committee shall receive such evidence and make recommendations
and findings of fact concerning such classification. The Committee
shall make the final determination concerning a classification, which
determination shall be reviewable 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 Committee 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.
Avoidable alarm charges shall be paid to an office of repository
authorized to collect such charges by the Town Board from time to
time. The office of repository designated to receive payments for
avoidable alarm charges will be posted in the office of the Town Clerk.
Failure of a real property owner or lessee of property on which
an alarm system is installed to pay the avoidable alarm charge, within
30 days from notice of the amount due, shall be served with a summons
and shall be deemed a violation of this article.
The Town of Newstead Building Department shall enforce this
article for alarm systems which detect medical emergencies and entry
or exit from a building, structure or facility and for alarm systems
which detect smoke, fire or an abnormal rise in temperature.
Any person, business, firm, corporation, partnership, association
or other entity that does not pay the fee as established in this article
or who violates any other provisions of this article 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.