[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.
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.
A devise 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), 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.
The Police Department, the Fire District, central fire dispatch
and any other emergency dispatch center.
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:
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.
