[HISTORY: Adopted by the Town Board of the Town of Webster 7-19-2001 by L.L. No. 4-2001 (Ch. 78 of the 1991 Code). Amendments noted where applicable.]
This chapter shall be known as the "Local Law
Regulating Alarm Systems in the Town of Webster."
It is the purpose of this chapter to protect
and promote the health, safety and general welfare of the residents
of the Town of Webster by reducing the number of avoidable alarms
to emergency agencies. Avoidable alarms contribute to ineffective
utilization of public safety, manpower and equipment. In addition,
avoidable alarms require emergency responses, which may contribute
to a high accident rate and delay responses to genuine emergencies.
This chapter seeks to ensure that police will be available for dispatch
for actual emergencies and to alleviate the nuisance of audible alarms
in the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
A device or an assembly of equipment which emits an audible
response, which is intended to alert persons outside a premises to
the existence of a hazard or emergency or which is intended to alert
emergency agencies by automatically dialing an emergency agency or
which is connected to a private answering point for the purpose of
reporting such alarms to emergency agencies or which is directly connected
to an emergency agency.
Any person who owns, leases or uses an alarm system within
the Town of Webster except for a person whose alarm system is on a
motor vehicle or is a proprietary system. If, however, an alarm system
on a motor vehicle is connected with an alarm system at a premises
(other than a proprietary system) in the Town of Webster, the person
using such system is an alarm user.
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 or
agents through direct connection to an emergency agency or through
notification of an emergency agency by a private answering point or
automatic dialing device or through notification to an emergency agency
by any second party or means, indicating that an emergency situation
exists requiring responses within the Town when, in fact, an emergency
situation does not exist. An avoidable alarm also includes the knowing
or intentional activation of an alarm to an emergency agency when
the activator knows that an emergency situation does not exist. Avoidable
alarm does not include alarms activated by violent conditions of nature
such as hurricanes, tornadoes, earthquakes or any other similar cause
beyond the control of the user of the alarm system. Activation of
an alarm system under any circumstances in which the activator reasonably
believes that an emergency situation exists is not an avoidable alarm.
Notwithstanding any language to the contrary, the defective installation
of an alarm system, the failure to repair or cause to be repaired
an alarm system or the use of defective equipment in connection with
an alarm system shall not constitute an extraordinary circumstance
beyond the reasonable control of the alarm user.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any police department, fire department or other law enforcement
agency or ambulance company (public or private) or other agency summoned
to respond to an emergency situation and any public safety answering
point serving the Town of Webster.
A signaling system which, when activated, causes an audible
signaling device to be activated outside the premises within which
the system is installed.
The designated owner of the property where the alarm is installed
per current Town of Webster Tax Assessment records.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
A business which offers the service of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
An alarm, sounding and/or recording within the premises protected
by the alarm, which is not intended to alert persons outside of the
premises on which the alarm system is located of a possible hazard
and is not intended to alert an emergency agency, the control center
being under the supervision of the proprietor of the protected premises.
If a proprietary system includes a signal line connected directly
or by means of an automatic device to an emergency agency or to a
private answering point or to a local alarm system, it thereby becomes
an "alarm system" as defined in this chapter.
The Police Chief of the Town of Webster or his acting designee.
Any person who owns, leases, contracts for or otherwise obtains
a fire alarm system or burglar alarm system. A person or entity may
be both a subscriber and an alarm business.
The Town of Webster.
The provisions of this chapter shall not apply
to proprietary systems.
The provisions and requirements of this chapter
shall apply to all persons who are alarm users on the effective date
of this chapter and to all persons who subsequently become alarm users.
Whenever an emergency agency files an avoidable
alarm report with the Police Department, such report shall contain
the following information:
A.
All local alarm
systems shall become deactivated and silenced automatically after
a period of time not to exceed 15 minutes.
B.
Police and/or
fire officials may disable any audible alarm signal that has not been
silenced prior to the expiration of the fifteen-minute period and
shall not be liable for any damage that may result.
A.
Every subscriber
maintaining an audible alarm shall post a notice containing the names
and telephone numbers of the persons to be notified to render repairs
or service and secure the premises during any hour of the day or night
that the alarm is actuated. Such notice shall be posted near the alarm
in such a position as to be legible from the ground level adjacent
to the building where the alarm system is located. In lieu thereof,
such person may maintain such information with the Fire Marshal and
Fire District in the case of fire alarm systems or the Police Department
in the case of burglar alarm systems.
B.
Fire Department
or Police Department officers or any peace officer may disable any
activated alarm, and neither the Fire Department nor such official
shall be liable for any damage that may result.
Avoidable alarms are strictly prohibited and
are the responsibility of the owner of record of the property where
the alarm is installed or titled owner of the motor vehicle in the
case of an automobile alarm. Town of Webster assessment records shall
determine property owner of record.
A.
The Police Chief
or his designee, in the case of burglar alarm systems, shall investigate
written reports of each alleged avoidable alarm or alleged violations
of other provisions of this chapter. Notice of said written report
alleging violation shall be given to the alarm owner of record.
B.
The person alleged
in violation of this chapter shall be given notice of the investigation
and an opportunity to be heard during the investigative process. The
Police Chief may hold a hearing if, in his sole discretion, it is
deemed appropriate.
C.
Upon completion
of his investigation, the Police Chief shall make a determination,
which shall be final. The Police Chief shall give notice of said decision
to the person alleged to be in violation.
D.
A final determination
of the Police Chief may be appealed to the Town's Alarm Users Review
Board.
A.
Any alarm user
who shall be determined by police personnel to have issued more than
three false alarms in any one twelve-month period shall be liable
for a civil penalty of $50 Any additional false alarm in such twelve-month
period shall subject the user to a civil penalty of $100 for each
such subsequent false alarm.
B.
The Chief of
Police or his designee shall maintain records of all false alarms
reported pursuant to this chapter. A warning letter may be sent at
the discretion of the Chief of Police to any alarm user who shall
have permitted up to three false alarms in any twelve-month period.
When a fourth or subsequent false alarm is transmitted during a twelve-month
period, the Chief of Police shall assess the civil penalty as provided
herein and give notice of the same to the alarm user by certified
mail, return receipt requested, to the address 1000 Ridge Road, Webster,
NY 14580. Such notice shall contain information as to the right of
review of such determination. The civil penalty must be paid within
15 days from the date assessed or, in the alternative; the alarm user
must file a written request with the Police Chief for review of the
civil penalty before the Town Board. Payment of the amount assessed
shall be stayed pending such hearing. If no hearing is requested,
such civil penalty shall be final and shall become a lien against
the owner of record of the property if not paid within 45 days from
the date when assessed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All remedies shall be cumulative, and the use
of one or more remedies by the Town shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this chapter.
The amount of any fine shall be deemed a debt to the Town of Webster.
An action may be commenced in the name of the Town of Webster in any
court of competent jurisdiction for the amount of any delinquent civil
penalty.
A.
The Webster Town
Board shall be the designated Alarm Users Review Board who shall hear
and determine all requests for review of any civil penalty assessed
pursuant to this chapter by the Chief of Police. The Alarm Users Review
Board shall be comprised of a quorum of members of the Town Board.
The Board shall have the authority, for good cause, to set aside or
reduce any civil penalty assessed against an alarm user. The determination
of the Board shall be subject to review in the Supreme Court by a
proceeding under Article 78 of the Civil Practice Law and Rules. Such
proceeding shall be instituted within 30 days after the determination
shall have been filed with the Town Clerk and a copy of the same mailed
to the last known address of the alarm user.
B.
Abatement of
civil penalties. The Alarm Users Review Board may excuse or reduce
any civil penalty assessed by the Chief of Police whenever it determines
that a person other than the alarm user was responsible for the false
alarm or that there is reasonable cause to believe such alarm was
the result of an unauthorized entry or attempted entry. Such Board
may not excuse any penalty on account of equipment failure, defective
installation or servicing of any alarm device.
A.
Records of avoidable
alarms shall be deemed to be confidential.
B.
All information
on applications pertaining to avoidable alarms shall not be deemed
confidential insofar as it is necessary to conduct any litigation
under this chapter or to be provided to appropriate officials for
fire protection or police protection purposes.
C.
The Police Chief,
or his designee, in the case of burglar alarm systems, shall retain
all records regarding avoidable alarm reports, investigations and
all other data necessary for compliance with this chapter. These records
shall be retained pursuant to New York State guidelines on record
retention.
In the event that the provisions of this chapter
are inconsistent with the provisions of any ordinance, law or regulation
of the Town of Webster heretofore adopted, the provisions of this
chapter shall be applicable and shall supersede such inconsistent
prior provision. However, in such event, only the prior provisions
inconsistent with any provisions of this chapter shall be deemed superseded
and all other provisions in any such heretofore adopted ordinance,
law or regulation not inconsistent with the provisions of this chapter
shall continue in full force and effect.
