The following words and terms shall have the following meanings:
ALARM CALENDAR YEAR
The period from January 1 until the next succeeding December 31, except for the first year during which an alarm permit is issued which year shall commence on the date of permit issuance and shall end on the next succeeding December 31.
A. 
In the event the activation of any alarm system is deemed to be a nuisance alarm, the owner shall be served with an alarm activation report by a police dfficer or member of the Fire Department or enforcement official indicating that the activation was deemed to be the result of a nuisance alarm.
B. 
By being served an alarm activation report, the owner is then required to return a completed report of service/repair within 15 days of receipt of the alarm activation report to verify, to the reasonable satisfaction of the enforcement official, that:
(1) 
The alarm system has actually been examined by a qualified alarm technician; and
(2) 
A bona fide attempt has been made to identify and correct any defect of design, installation or operation of the alarm system which was identifiable as the cause of the nuisance alarm.
C. 
Failure to return a report of service/repair within said fifteen-day period, which is reasonably satisfactory to the enforcement official, shall result in assessment against the owner a fee of $50 for a residential system and a fee of $250 for a commercial system for each nuisance fire alarm.
A. 
The provisions of this section shall not apply to any newly installed fire or burglar alarm system for a period of 45 days from the date of installation, but shall apply from and after the expiration of the initial forty-five-day period following installation.
B. 
Should any fee assessed pursuant to this chapter remain unpaid in excess of 90 days from the date fee is billed, a late fee in the amount of $100 shall be assessed and shall be payable by the owner of the premises in addition to the original fee.
C. 
False alarms.
(1) 
No fee shall be assessed for the first two false alarms at the same premises responded to by the Fire or Police Department during each calendar year. Thereafter, the owner shall pay the following fees for false alarms responded to by the Fire or Police Department at the same premises during each calendar year, except when the alarm business is responsible for the false alarm per Subsection C(2).
(2) 
The alarm business shall be assessed a fee of $100 if an enforcement official determines that a false alarm was directly caused by an on-site employee or representative of the alarm business. In this event, no false alarm shall be counted against the owner.
(3) 
False alarms activated by any components connected to the alarm system shall be included in computing the total number of false alarms for purposes of this subsection.
(4) 
The activation of an alarm system will not be considered a false alarm if the alarm is activated due to malicious causes beyond the control of the owner.
(5) 
The following fees shall be assessed for false alarms:
Commercial Fire Alarm Systems
Number of False Alarms
Service Fee per False Alarm
First or second
No charge
Third
$50
Fourth
$100
Fifth and above
$250
Commercial Burglar Alarm Systems
Number of False Alarms
Service Fee per False Alarm
First or second
No charge
Third
$50
Fourth
$75
Fifth and above
$100
Residential Fire Alarm Systems
Number of False Alarms
Service Fee per False Alarm
First or second
No charge
Third
$50
Fourth
$75
Fifth and above
$100
Residential Burglar Alarm Systems
Number of False Alarms
Service Fee per False Alarm
First or second
No charge
Third
$50
Fourth
$75
Fifth and above
$100
D. 
Nuisance alarms.
(1) 
The enforcement official may waive one nuisance alarm assessment if the owner submits a report of service/repair within 10 days of the nuisance alarm.
(2) 
In the event the premises are equipped with a fire alarm system with over 100 alarm-initiating devices, the enforcement official may waive one nuisance fire alarm per calendar year.
A. 
Any person who shall fail to comply with any provision of this chapter shall be deemed to be in violation thereof. A violation of this chapter is deemed to be a violation which shall be punishable by a fine not exceeding $250 and/or up to 15 days in jail.
B. 
The enforcement official, however, shall have the right to collect any amounts due and owing under this chapter by civil proceeding, in addition to any other provision and penalties contained herein.
A. 
An owner or fire alarm business may appeal the assessment of fees to the Town of East Fishkill Alarm Review Board. An appeal fee of $5 shall accompany the appeal. Appeal fees will be returned to the owner or fire alarm business if the appeal is upheld. The owner or fire alarm business shall file a written appeal to the Alarm Review Board by setting forth the reasons for the appeal within 20 days after notice is mailed. Pending the appeal, the assessment of the civil penalty is automatically stayed.
B. 
An owner to whom a notice to disconnect or activate a fire alarm system was mailed, pursuant to § 57-10B, shall be entitled to appeal the order to the Town of East Fishkill Alarm Review Board. An appeal must be in writing, stating the reasons why the order to disconnect or deactivate should be withdrawn. The appeals shall be made within 20 days after notice to disconnect is mailed to the owner. The Alarm Review Board shall review the facts and circumstances and shall determine whether the owner has shown good cause why the order should be withdrawn. If the Alarm Review Board affirms the order to disconnect or deactivate a fire alarm system, the owner shall have 15 days after the written decision is mailed to the owner to comply with the order. The appeal of an order to disconnect or deactivate shall suspend the effective date of the order until the appeal has been acted upon by the Alarm Review Board.
C. 
In the event the appeal is not upheld, the owner or fire alarm business shall also be responsible for any fee assessed to reimburse the alarm review for any legal fees or costs incurred by the Building Inspector in enforcement of this chapter.
D. 
The Alarm Review Board shall be appointed by the Town Board and shall conduct a hearing upon 10 days' notice to all parties with respect to any notice of appeal filed herein. At the hearing, the Building Inspector will present such evidence as available to show that the alarm was either a nuisance alarm or a false alarm. The owner shall be afforded the opportunity to present evidence and call witnesses.
E. 
The Town Board, on an annual basis, shall designate an Alarm Review Board, which upon filing its oath with the Town Clerk, shall hold and conduct hearings as required. The Board shall be comprised of a member of the Fire Advisory Board, a member of the Police Department, a member of the Town Board, one representative of the community, and a representative of the alarm industry to be selected by the Mid-Hudson Alarm association.
F. 
The Alarm Review Board shall hold hearings at such time as it deems necessary or when requested by the Building Inspector. Such hearing shall be convened within 15 days of request and shall provide a minimum of least 10 days' prior written notice sent by certified or registered mail, return receipt requested, to the applicant or permit holder.
Any information supplied to the Building Department or Fire Department shall be held in confidence by all employees or representatives of the enforcement official and by any third-party administrator or employees of a third-party administrator with access to such information.
Registration of a fire alarm system is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. When registering a fire alarm system, the owner acknowledges that fire department response may be based on factors such as: availability of fire department units, priority of calls, weather conditions, traffic conditions, emergency conditions, and staffing levels. The Town of East Fishkill, its officers, employees and agents shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned fire alarm system, those duties or responsibilities being solely those of the owner of the premises.