[HISTORY: Adopted by the Town Board of the Town of West Seneca 7-12-1993.
Amendments noted where applicable.]
The purpose of this chapter is to protect and promote the health, safety
and general welfare of the residents of the Town of West Seneca by reducing
the number of avoidable alarms of fire, intrusion, holdup or other emergencies
which contribute to ineffective utilization of police and fire emergency agencies,
require emergency responses which are susceptible to high accident rates,
interfere with genuine emergencies (responses) and produce unnecessary alarm
noise to the surrounding community.
For the purpose of this chapter, the following words and phases shall
have the meanings respectfully ascribed to them by this section:
A device or an assembly of equipment which is designated to detect
smoke, abnormal rise in temperature, fire, medical emergency or an entry into
or exit from a building, structure or facility and, by reason thereof, emits
an audible response intended to alert persons outside of the premises and/or
transmit a signal or message to an emergency agency either directly or through
a private answering point.
A device that automatically dials and relays a prerecorded message
to an emergency agency.
The Police Department or Fire District, central fire dispatch or
other emergency dispatch center.
The owners and lessees of premises having alarm systems shall comply
with all provisions of this chapter on or before the first day of August 1993.
A.
No person shall install or maintain an external audible
alarm device which does not contain an operational automatic cutoff system
which turns off the external audible alarm after a period not to exceed ten
(10) minutes.
B.
An automatic dialer connected directly to an emergency
agency shall automatically disconnect and/or terminate its message after the
message has been transmitted a maximum of two (2) times. Notwithstanding the
foregoing, however, the total transmission time of all messages shall not
exceed five (5) minutes.
A.
No alarm system shall have an automatic dialer feature
or other type of alarm alter which connects automatically to the enhanced
911 emergency telephone system.
B.
There shall be no automatic alarm system with direct
communication of any type to an emergency agency without prior written authorization
from the emergency agency where the alarms terminate.
A.
General provisions.
(1)
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, requiring
an emergency response when, in fact, an emergency does not exist constitutes
an avoidable alarm. An avoidable alarm also includes intentional activation
of an alarm system when the activator knows an emergency situation does not
exist.
(2)
Avoidable alarm does not include alarms activated by
violent conditions of nature or similar cases beyond the control of the user,
owner or operator of the alarm system. The activation of an alarm system under
any circumstances in which the activator reasonably believes that an emergency
situation exists shall not be deemed to be an avoidable alarm.
B.
Charges. An owner or lessee of real property to which
an emergency agency responds as a result of avoidable alarm shall pay a fee
for each such response in each calender year as follows:
C.
Notice of excessive use. The owner or lessee of real
property, which received an emergency response by reason of an avoidable alarm,
shall be notified in writing by means of first class mail of all avoidable
alarms up to three (3) police alarms and/or one (1) fire alarm in a calendar
year. The letter shall inform the owner or lessee of the times and types of
emergency responses provided to the address location and shall contain with
it a copy of the Alarm Code.
D.
Administrative review. The Chief of Police and the Fire
Inspector shall establish a policy and procedures whereby an owner of real
property or lessee thereof on which an alarm system has been installed and
who has been notified of an avoidable alarm may present evidence as to why
any such alarm should not be classified as an avoidable alarm. The Chief of
Police and the Fire Inspector shall designate members of their departments,
not to exceed five (5) in total, to receive such evidence and make recommendations
and finding of fact concerning such classification. The Chief of Police and
Fire Inspector shall make the final determination concerning a classification,
which determination shall be reviewed only pursuant to procedures under Article
78 of the Civil Practice Law and Rules. To challenge the classification of
an alarm as an avoidable alarm, the real property owner or lessee thereof
shall, in writing, notify the Chief of Police and/or the Fire Inspector within
twenty (20) days after receipt of notice of the avoidable alarm. The failure
to give timely notice shall be deemed a waiver of the right to review the
determination.
E.
Payment of charges. Avoidable alarm charges shall be
paid to the Town Clerk of the Town of West Seneca at 1250 Union Road, West
Seneca, New York 14224.
F.
Failure to remit fee. Upon the failure of a real property
owner or lessee of property on which an alarm system is installed to pay the
avoidable alarm charge within thirty (30) days from notice of the amount due,
he shall be served with a summons and shall be deemed in violation of this
code.
The Chief of Police shall enforce this chapter for alarm systems which
detect medical emergencies and entry or exit from a building, structure or
facility. The Fire Inspector shall enforce this chapter for alarm systems
which detect smoke, fire or abnormal rise in temperature.
Any person, business, firm, corporation, partnership, association or
other entity that does not pay the fee as established in this code or who
violates any other provisions of this code shall be subject to a civil penalty,
not to exceed one thousand dollars ($1,000.) for each offense. A separate
offense shall be deemed committed upon each day during which a violation occurs,
continues or is permitted.
