This chapter shall be referred to as "Local law No. 1-2020,
adding Chapter 79 to the Albion Town Code concerning an Alarm Permit
Law."
This chapter is adopted pursuant to the legislative authority
in Municipal Home Law § 10 and Town Law §§ 261
through 264.
The purpose of this chapter is to protect the health, safety
and general welfare of the residents of the Town of Albion by reducing
the number of avoidable alarms to emergency agencies. Avoidable alarms
contribute to the ineffective utilization of public safety manpower
and equipment. In addition, avoidable alarms require emergency responses
which may contribute to high accident rates and delayed responses
to genuine emergencies. This chapter seeks to ensure that communication
facilities will be available to dispatch personnel for actual emergencies
and to alleviate the nuisance of audible alarms to the surrounding
community. Another purpose of this chapter is to contact responsible
people to notify them as to activation of the alarm. This chapter
requires registration of alarm businesses and subscribers for the
purpose of permitting the Town to communicate with them regarding
the administration of this chapter.
For the purposes of this chapter, certain words and phrases
shall be construed herein as set forth in this section, unless it
is apparent from the context that a different meaning is intended.
ALARM AGENT
Any person who is employed by an alarm business, either directly
or indirectly, and whose duties include any of the following: selling,
maintaining, leasing, servicing, repairing, altering, replacing, moving
or installing, on or in any building, structure or facility, an alarm
system. The provisions of this chapter do not apply to a person who
engages in the manufacture or sale of an alarm system from a fixed
location and who neither visits the location where an alarm system
is to be installed nor designs the scheme for physical location and
installation of an alarm system in a specific location.
ALARM BUSINESS
The business by a person, partnership, corporation, or other
entity of selling, leasing, maintaining, servicing, repairing, altering,
replacing, moving or installing an alarm system or causing to be sold,
leased, maintained, serviced, repaired, altered, replaced, moved or
installed any alarm system in or on any building, structure or facility.
ALARM SYSTEM
Any mechanical or electrical device which is designed or
used for the detection of fire, smoke, heat and/or unauthorized entry
or intrusion and which emits a sound or transmits a signal or message
when activated. Alarm systems include, but are not limited to, internet-connected
devices, direct-dial telephone devices, audible alarms and proprietor
alarms. Devices which are not designed or used to register alarms
that are audible, visible or perceptible outside of the protected
building, structure or facility are not included within this definition,
nor are auxiliary devices installed by a telephone company or a cable
television company to protect its systems which might be damaged or
disrupted by the use of an alarm system.
APPELLANT
A person who perfects an appeal pursuant to this chapter.
APPLICANT
A person, firm or corporation filing an application for a
permit(s) provided in this chapter.
AUDIBLE ALARM
A device designed for the detection of fire, smoke, heat
and/or unauthorized entry or intrusion and generating an audible sound
on the premises when activated. This chapter does not apply to audible
alarms affixed to vehicles.
AVOIDABLE ALARM
The activation of an alarm system caused by mechanical failure,
malfunction, improper installation, negligence of the owner, user,
custodian or lessee of said system or by any other cause which, through
direct connection to an emergency agency by an answering point or
automatic dialing device or through notification to emergency agency
by any other second party or means, falsely and/or inaccurately indicates
that an emergency situation exists. Avoidable alarm does not include
an alarm activated by force of nature. Avoidable alarm does not include
an emergency or disaster drill conducted with prior notice to the
emergency agency. Activation of an alarm system under any circumstances
in which the activator reasonably believes that an emergency situation
exists is not an avoidable alarm.
NOTICE
Written notice by personal service or by United States mail,
postage prepaid, addressed to the person to be notified at his/her
last known address. Service of such notice shall be effective upon
completion of personal service or upon placing of same in the custody
of the United States Postal Service.
PERMITTEE
Any alarm agent or alarm business granted a permit as provided
herein.
PERSON
A natural person, firm, partnership, association or corporation.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains
an alarm system. A person or entity may be both a subscriber and an
alarm business.
TOWN
The Town of Albion, Orleans County, New York, or any area
outside the corporate limits of the Town of Albion in which the Town
of Albion is required by law or contract to provide firefighting,
emergency response or security services.
In addition to other provisions of this chapter, any person
found in violation shall be liable for civil penalties for each violation,
as set forth from time to time by the Board and currently as follows:
A. Failure to have alarm business permit or alarm agent permit: $200.
B. Failure to have an alarm system permit; provided, however, that until
one year from the effective date of this chapter, said penalty shall
be deemed waived if the subscriber obtains an alarm system permit
within 10 days of notification of the violation: $100.
C. Failure to terminate an audible alarm: $100.
D. Failure to terminate an audible alarm for the following:
(1) A third avoidable alarm: $100.
(2) A fourth avoidable alarm: $300.
(3) Each avoidable alarm thereafter: $500.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by any court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
This chapter shall take effect upon the date it is filed in
the office of the New York State Secretary of State in accordance
with Municipal Home Rule Law § 27.