[HISTORY: Adopted by the Town Board of the Town of Delaware
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-2022 by L.L. No. 2-2022]
The purpose of this article is to promote the health, safety,
and general welfare of the residents of the Town of Delaware by reducing
the number of avoidable false alarms. False alarms result in unnecessary
use of manpower and ineffective utilization of police, ambulance,
fire and rescue equipment. This article seeks to ensure that police,
ambulance, fire, and rescue emergency personnel are available for
dispatch to actual emergencies and to alleviate the nuisance of audible
false alarms to the surrounding community.
As used in this article, the following terms shall have the
meanings indicated:
Includes a device or an assembly of equipment which emits
an audible, visual, or other similar response which is intended to
alert persons outside a premises to the existence of a hazard or emergency;
or which is connected to a central station or answering service for
the purpose of reporting such alarms to emergency agencies.
Includes any person who owns, leases, or uses an alarm system
within the Town of Delaware.
Includes the activation of any alarm system that is not occasioned
by a local or regional power outage, weather conditions, natural disaster,
criminal act, fire or other emergency.
A system under which an alarm user permits access to emergency
services personnel to any premises with an alarm system through the
installation of a Knox-Box or similar product that stores keys or
access cards.
Alarm users shall be required to annually register on a calendar
year basis each alarm system they own, lease, or use with the Town
of Delaware Building Department. There shall be a one-time registration
fee of $25 for the initial registration of each alarm system. The
amount of the initial registration fee may be amended from time to
time by resolution of the Town Board. An alarm registration shall
not be transferable to another person or alarm site. Alarm users shall
be required to notify the Town of Delaware of any change in their
registration information within 30 days of such change.
All alarm users who have installed an operating alarm system
shall also install a Knox-Box or provide another key-holder system
approved by the Town of Delaware Building Department.
Alarm users shall be liable for false alarms, including, without
limitation, false alarms arising from improper use or operation of
an alarm system, defective installation of an alarm system, the failure
to repair an alarm system, or the use of defective equipment in connection
with an alarm system, but shall not be liable for the activation of
an alarm system under circumstances where the activator reasonably
believes that an emergency situation exists.
A.
All alarm
systems which employ an audible signal or flashing light beacon designed
to signal persons outside the premises must be deactivated and silenced
automatically within 15 minutes.
B.
Emergency
officials are hereby authorized to disable an audible alarm signal
that has not been silenced within 15 minutes and neither the Town,
its officers and employees, nor constables and fire officials, shall
be liable for any damage which may result from disabling an audible
alarm signal as herein provided.
A.
Persons
who violate this article shall be guilty of a violation and subject
to punishment by a fine for the occurrence of one or more false alarms
in any twelve-month period, as determined by the date of the occurrence,
as follows:
(1)
Fine
schedule:
|
False Alarm
|
Fine
|
|---|---|
|
First false alarm
|
$0
|
|
Second and third false alarms
|
$250
|
|
Fourth false alarm
|
$500
|
|
Fifth or more false alarms
|
$1,000
|
(2)
The
amount of the fines set forth above may be amended from time to time
by resolution of the Town Board. Each separate violation shall constitute
a separate additional offense.
B.
Any person who falls to register his or her alarm system or fails to update changes in his or her registration information as required in § 89-3, entitled "Registration of alarm systems," hereof, or whose alarm system violates the standards set forth in § 89-6, entitled "Deactivation of alarms," Subsection A, hereof, shall be subject to punishment by a fine not to exceed $50.
C.
All violations
of this article shall be returnable before, and all false alarm fines
shall be collected by, the Town Justice Court.
The Town of Delaware 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 Delaware 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. In the event that the Town of Delaware finds
it necessary to disconnect a defective alarm or device, the Town shall
incur no liability therefrom. In addition, if emergency personnel
acting on behalf of the Town, or any of its fire or ambulance districts,
must gain access to any premises at which an alarm system is installed
as a result of having been summoned by said alarm system, the Town,
its employees or any of its fire or ambulance district emergency personnel
shall not be liable for any damage caused by a forced entry to said
premises.
A.
None of
the provisions of this article shall apply to any device for which
the primary function is as a smoke detector, heat detector, or CO
detector, unless such device is connected to a central station or
answering service for the purpose of reporting such alarms to emergency
agencies.
B.
None of
the provisions of this article shall apply to any alarm system installed
in any building, structure, trailer, or motor vehicle owned or leased
by the Town of Delaware.
If any section, subsection, sentence, clause, phrase, or work
of this article is for any reason held to be invalid by any court
of competent jurisdiction, such decision shall not affect the validity
of the remaining provisions hereof.
