[HISTORY: Adopted by the Mayor and Board of Trustees of the
Village of Colonie 5-20-2019 by L.L. No. 1-2019. Amendments noted where
applicable.]
The purpose of this chapter is to promote the health, safety
and general welfare of the residents of the Village of Colonie by
reducing the number of avoidable nuisance alarms. Nuisance alarms
result in unnecessary and ineffective use of police, ambulance, fire
and rescue emergency personnel and equipment. This chapter will pertain
to commercial entities only.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a device or an assembly of equipment which, when
activated, is intended to transmit a signal directly or indirectly
to request fire, police, ambulance, or rescue services to respond
on an emergency basis. An "alarm system" shall also include a device
or an assembly of equipment that emits an audible or visual signal
at or near the exterior of the protected premises which is intended
to alert persons outside a premises to the existence of a hazard or
emergency; or that transmits a request for police, ambulance, fire
or rescue services to a central station or answering service for the
purpose of reporting such alarms to an emergency agency or transmitting
a request for emergency services to an emergency agency. This definition
does not include any alarm device installed in any motor vehicle or
pool, nor any single station detector of smoke, heat, fire or carbon
monoxide.
An alarm system, which, when activated, is specifically intended
to result in a response from an emergency medical services agency.
The activation of an alarm system which results in a response
by fire, police, or ambulance personnel to any place within the Village
of Colonie, where no fire, police, ambulance, or rescue services are
required, as determined by such personnel, including but not limited
to activation of an alarm system arising from improper use or operation
of the alarm system, defective installation of an alarm system, the
failure to repair or maintain an alarm system, the use of defective
equipment in connection with an alarm system or activation of alarm
by test without notification to the Colonie Police Communications.
A "nuisance alarm" shall not include:
The activation of an alarm system which results from hurricane,
gale, tornado or other violent weather condition, earthquake or any
major disruption of electric, telephone, fiber-optic or other public
utility transmission;
The activation of an alarm system under circumstances where
the activator reasonably believes that an emergency situation exists;
or
An activation of a medical alert system.
A.
A person or entity who owns or leases the premises upon which an
alarm system is installed or operated shall obtain a permit for each
alarm system by submitting an application for an alarm permit to the
Town of Colonie. A fully completed copy of the permit shall be filed
with the Village of Colonie Building Department.
B.
Applicants or permit holders shall notify the Village of Colonie
of any changes to the information provided in their most recent application
for an alarm permit within 30 days of such change by submitting an
updated application.
C.
An alarm permit shall not be transferable to another person or alarm
site. All permits shall be deemed terminated upon the sale or transfer
of possession of the affected premises to a new owner or occupant.
D.
The application for an alarm permit shall be made on the form prescribed
by the Town of Colonie, from time to time, and shall provide at least
the following information:
(1)
The name, address and telephone number of the person(s) who owns,
leases or manages the premises upon which an alarm system is installed
or operated.
(2)
The address of the premises upon which the alarm system is located.
(3)
The address to which notices required under this chapter will be
sent, if different from the above.
(4)
The name and telephone number of two local persons who will be contacted
at any time of the day or night and who are authorized by the person
who owns or leases the premises upon which an alarm system is installed
or operated to enter the premises, ascertain the status thereof, and
if the person determines such premises are safe and secure, deactivate
or silence the alarm. These individuals must respond within 30 minutes
of knowledge of the alarm system activation, and must have current
operating knowledge of the alarm system.
(5)
Such other information as may be reasonably required by the Village
of Colonie Building Department.
A.
An owner or lessee of, or the permit holder for, the premises to
which an emergency agency responds as a result of a nuisance alarm
arising from such premises shall pay a fee for each response.
B.
Multiple-dwelling-unit premises. Where the premises contain multiple
dwelling units, the number of emergency agency responses to nuisance
alarms shall be calculated for each dwelling unit giving rise to the
nuisance alarm, as if that unit were its own premises, rather than
aggregated across all dwelling units within the premises. The owner
or lessee of, or the permit holder for, the multiple-dwelling-unit
premises is responsible for compliance with this section.
(1)
For the purposes of this section, a "dwelling unit" consists of one
or more rooms with a private bath and kitchen facilities used exclusively
for residential occupancy.
(2)
Common areas. Any part of a multiple dwelling unit premises that
is not a dwelling unit shall be treated as a "common area." Emergency
agency responses to nuisance alarms arising from any common area in
such premises shall be aggregated.
(3)
If a nuisance alarm cannot be readily identified as originating from
a particular dwelling unit, the nuisance alarm shall be deemed to
arise from a common area.
C.
Payment of fee. Nuisance alarm fees shall be submitted to the Village
of Colonie.
D.
In the event of the failure of any person to pay the fees assessed
pursuant to the provisions of this chapter within 90 days of the invoice
date, the Village of Colonie may institute an action in any court
of competent jurisdiction to collect any fee(s), together with interest,
which may be due and payable and all administrative costs of collection
in the same manner as any other debt owing to the Village of Colonie
may be collected.
The owner or lessee of the premises which received an emergency
response by reason of a nuisance alarm shall be notified, in writing,
of each nuisance alarm by means of first-class mail, personal delivery,
or a notice affixed to the building or structure containing the alarm
system at issue. The notification shall inform the owner or lessee
of the dates and types of emergency responses provided to the address
location within the calendar year. Any unpaid fee at the end of the
fiscal year will be added to the Village tax bill associated with
the premises.
All alarm systems which employ an exterior audible signal, exterior
flashing light beacon or similar exterior audible or visual response,
indicating a hazard or emergency, must be silenced automatically within
15 minutes. Every person who owns or leases the premises upon which
an alarm system is installed or operated shall, at the time such alarm
system is installed, or in the case of existing alarm systems, by
the effective date of this chapter, install or cause to be installed
an automatic timing device which shall deactivate and silence such
alarm within 15 minutes.
The Village of Colonie, Fire Department, and/or volunteer fire
company(ies) serving the call shall not be liable for any defects
in the operation of an alarm system, for any failure to respond appropriately,
or for any erroneous response upon receipt of any alarm signal or
messages, or the relaying of such signals or messages.
The Village of Colonie Building Department shall enforce this
chapter. For that purpose, the Building Department Manager, building
inspectors or other designees of the Building Department Manager are
authorized to issue and serve appearance tickets.
In any section, subsection, sentence, clause, phrase, or word
of this chapter is for any reason held to be invalid by any court
of competent jurisdiction, such decision shall not affect the validity
of the remaining sections, clauses or provisions of this chapter or
the application thereof.
