[HISTORY: Adopted by the Town Board of the
Town of Colonie 7-21-2022 by L.L. No. 2-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 46,
Alarm Systems, adopted 5-14-1981 by L.L. No. 21-1981.
The purpose of this chapter is to promote the health, safety,
and general welfare of the residents of the Town 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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, or both, at or
near the exterior of the protected premises which is intended to alert
persons outside of 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,
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 Town
of Colonie (outside of the Village of Colonie and the Village of Menands)
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, or the use of defective equipment
in connection with an alarm system. Nuisance alarms shall also include
alarms in dwelling units and on premises that are triggered as a result
of cooking smoke, steam, dust or vapor. A nuisance alarm shall not
include:
The activation of an alarm system which results from hurricane,
gale, tornado or other violent weather condition, or any major disruption
of public utility transmission;
The activation of an alarm system where the activator reasonably
believes that an emergency situation exists; or
An activation of a medical alert system.
A.
A person or entity that occupies 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 Clerk
within 45 days of the initial installation of the alarm system or,
for an existing alarm system, within 45 days of the effective date
of this chapter. The permit shall be valid for a period of two years
from the date of its issuance, and a renewal application shall be
required on a biannual basis thereafter. It shall be the responsibility
of the permit holder to submit a renewal application prior to the
expiration date of the existing permit.
B.
Commercial establishments with fire alarm systems shall be required
to submit an inspection report to the compliance engine utilized by
the Town. The inspection report must be completed by a third-party
firm alarm company approved by the Town of Colonie. A list of approved
alarm companies may be obtained from the Department of Fire Services.
C.
Alarm permit fees shall be established by the Town Board. All fees
are nonrefundable. No fee shall be required for a permit application
for which a medical alert system is the only alarm installed in the
dwelling unit or premises.
D.
Upon written request addressed to the Town Clerk, the permit fee
shall be waived for any person over the age of 62 who occupies premises
upon which an alarm system is installed or operated, provided that
the intended alarm system shall be residential and not used in connection
with any commercial or business purpose.
E.
An alarm permit shall not be transferable to another person or location.
All permits shall be deemed terminated upon the sale or transfer of
possession of the affected premises to a new owner or occupant.
F.
The permit holder shall notify the Town Clerk of any change to the
information provided in their application for an alarm permit within
30 days of such change.
G.
The application for an alarm permit shall be made on the form prescribed
by the Town Clerk and shall provide at least the following information:
(1)
The name, address and home and cell phone number of the intended
permit holder;
(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 alarm location;
(4)
The name and home and cell phone number of three local persons who
may be contacted, at any time of the day or night, 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; and
(5)
Such other information as may be required by the Town of Colonie.
The permit holder of the premises which received an emergency
response by reason of a nuisance alarm shall be notified, in writing,
by certified mail of all alarms which Fire Services or Police deemed
to be a nuisance. The notification shall inform the owner or lessee
of the times and types of emergency responses provided to the address
location.
A.
Request for administrative review. To challenge the classification
of an alarm as a nuisance alarm, the permit holder shall, within 30
days of service of the notice of the nuisance alarm, submit a written
request for a hearing, setting forth the basis for the appeal, to
the Town of Colonie Fire Services. As used in this section, "service"
shall mean the mailing by first-class mail or personal delivery of
any notice referenced herein. The failure to submit a timely request
for a hearing shall be deemed a waiver of the right to have the determination
reviewed.
B.
Administrative review. The Alarm Review Board shall be comprised
of the Deputy Police Chief, the Senior Fire Protection Specialist
and a Town Attorney. The Board shall meet on a quarterly basis to
hear matters as requested by permit holders. A permit holder notified
of a nuisance alarm on their premises shall have the opportunity to
present evidence to the contrary to the Board. The Alarm Review Board
shall hold a hearing and make a written determination concerning the
classification of the alarm. A copy of the determination shall be
mailed to the permit holder. If the Board determines that an alarm
was not a nuisance, the permit holder shall not be required to pay
a fee. If the alarm is deemed to have been a nuisance, the permit
holder shall have 30 days to pay the fee from the date of the determination.
The Alarm Review Board's determination shall be reviewable only
pursuant to Article 78 of the Civil Practice Law and Rules.
A.
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 emergency agency response in each calendar year, as
follows:
B.
Multiple dwelling unit premises. An emergency response to a nuisance
alarm for a multiple dwelling unit building or complex shall be calculated
for each 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 permit holder for the multiple dwelling unit
premises is responsible for the fee as provided above.
(1)
For purposes of this section, a "dwelling unit" consists of one or
more rooms with 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.
C.
Failure to remit fee. Failure of the permit holder to pay the nuisance alarm fee within 30 days following service of the notice of the amount due, or if challenged, within 30 days following the date of the Alarm Review Board's determination, is a violation of this chapter and is punishable as set forth in § 46-7 below.
D.
Payment of fee. Nuisance alarm fees shall be submitted to the Town
of Colonie Town Clerk at 534 New Loudon Road, Latham, NY 12110, and
shall be made payable to the "Town of Colonie."
A.
A person or entity who owns or leases the premises upon which an alarm system is installed or operated without a valid permit issued by the Town Clerk or who fails to provide notice of a change to the information provided in an application as required by § 46-3 above or who violates § 46-6 above shall be guilty of a violation punishable upon conviction in Colonie Justice Court by a fine in accordance with the Police and Fire Services fee schedules,[1] or imprisonment not exceeding 15 days, or both. Each day
such offense continues shall be a separate violation and subject to
a separate fine, imprisonment or combination thereof.
[1]
Editor's Note: Said fee schedules are on file in the
Town offices.
All alarm systems which employ an audible signal, flashing light
beacon or similar audible or visual response, indicating a hazard
or emergency and intended to summon law enforcement, must be silenced
within 15 minutes. Every permit holder 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 Town of Colonie shall not be liable for any defects in operation
of emergency alarm systems, for any failure to respond appropriately,
or for any erroneous response upon receipt of any emergency alarm
signal, nor shall the Town of Colonie be liable for the failure or
defect of any installation, operation, or maintenance of equipment,
the transmission of alarm signals or messages, or the relaying of
such signals or messages.
The Police Department and Fire Services shall enforce this chapter
and are authorized to issue and serve citations and appearance tickets
for nuisance alarms.
The Chief of Police may promulgate such rules, regulations and
standards applicable to alarm systems and owners or lessees of premises
on which an alarm system is installed or operated which are necessary
for the purpose of effective administration of this chapter. Such
rules, regulations and standards shall be set forth, in writing, and
filed with the Town Clerk and copies shall be made available without
charge to all applicants for an alarm permit.
If any section, subsection, sentence or clause of this chapter,
or the application thereof, is for any reason held to be invalid by
any court of competent jurisdiction, the invalidity thereof shall
not affect the validity of the remaining sections, clauses or provisions
of this chapter or the application thereof.
This chapter shall become effective upon its filing in the Office
of the Secretary of State.
