[HISTORY: Adopted by the Town Board of the Town of Lancaster 5-6-2013 (Ch. 5 of the 1966 Codification). Amendments noted where applicable.]
It is the intent of this chapter to protect and promote the health, safety and general welfare of the residents of the Town of Lancaster by reducing the number of avoidable alarms of fire, intrusion, holdup or other emergencies which contribute to ineffective utilization of police, fire and medical emergency agencies; and which 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 terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALARM SYSTEM
A device or an assembly of equipment which is designated to detect smoke, 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 devise that automatically dials and relays a prerecorded message to an emergency agency.
AVOIDABLE ALARM
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), guests(s) or agent(s) 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), guests(s), or agent(s) nor in as 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.
EMERGENCY AGENCY
The Police Department, the Fire District, central fire dispatch and any other emergency dispatch center.
VERIFICATION
An attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone to determine whether an alarm signal is valid before requesting a law enforcement response, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this chapter, telephone verification shall require, as a minimum, that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting law enforcement dispatch.
Exempt from this chapter will be Town buildings, i.e., buildings owned or operated by the Town of Lancaster, schools (both public and private) located within the Town and fire stations within the Town of Lancaster.
The owners and lessees of premises having alarm systems shall comply with all provisions of this chapter on or before the first day of June 2013.
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.
A. 
No alarm system shall have an automatic dialer feature of 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.
All burglary or intrusion alarm systems that have central monitoring shall have central monitoring make a verification telephone call to the alarm site, and then to an alternate contact number if the first phone call is unsuccessful, prior to the alarm monitoring personnel contacting the Lancaster Police Department for alarm dispatch. However, if the alarm has properly operating visual or auditory sensors that enable the monitoring company to verify the alarm signal, verification calling is not required. Failure by the alarm system contractor or alarm monitoring company to make verification calls may result in a fine of $125.
A. 
General provisions.
(1) 
The activation of an alarm system, through mechanical failure, malfunction, improper installation or the negligence of the owner, user, custodian or lessee of an alarm system or of his employees, requiring an emergency response when, in fact, an emergency does not exist constitutes an avoidable alarm. An avoidable alarm also includes intentional activation of an alarm system when the activator knows an emergency situation does not exist.
(2) 
Avoidable alarm does not include alarms activated by violent conditions of nature or similar cases beyond the control of the user, owner or operator of the alarm system. The activation of an alarm system under any circumstance in which the activator reasonably believes that an emergency situation exists shall not be deemed to be an avoidable alarm.
B. 
Charges. 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 within a revolving calendar year (365 days) as follows:
(1) 
Police Department response.
(a) 
First through third avoidable alarm responses: no charge.
(b) 
Fourth and fifth avoidable alarm responses: $50 for each.
(c) 
Sixth and over avoidable alarm responses: $100 for each.
(2) 
Fire district response:
(a) 
First avoidable alarm response: no charge.
(b) 
Second through fifth avoidable alarm responses: $50 for each.
(c) 
Sixth and over avoidable alarm responses: $100 for each.
C. 
Notice of excessive use. The owner or lessee of real property, which received 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/or one fire alarm 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 the Alarm Systems Code.
D. 
Administrative review. The Chief of Police and the Supervising Code Enforcement Officer shall establish a policy 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 Chief of Police and the Fire Inspector shall designate members of their departments, not to exceed five in total, to receive such evidence and make recommendations and finding of fact concerning such classification. The Chief of Police and Fire Inspector 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 and/or the Fire Inspector 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 charges. Avoidable-alarm charges shall be paid to the Town Clerk of the Town of Lancaster at 21 Central Avenue, Lancaster, New York 14086.
F. 
Failure to remit fee. Upon the 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, he shall be served with a summons and shall be deemed in violation of this code.
The Chief of Police shall enforce this chapter for alarm systems which detect medical emergencies and entry or exit from a building, structure of facility. The Fire Inspector shall enforce this chapter for alarm systems which detect smoke, fire or abnormal rise in temperature.
Any person, business, firm, corporation, partnership, association or other entity that does not pay the fee as established in this code or who violates any other provisions of this code 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 chapter shall be applicable within the boundaries of the Town of Lancaster, excluding the Villages of Lancaster 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.
This chapter shall become effective immediately upon filing with the Secretary of State pursuant to the Municipal Home Rule Law.