[HISTORY: Adopted by the Town Board of the Town of Evans 7-19-1995
by L.L. No. 10-1995, (adopted as Ch. 145, Alarm Systems,
but renumbered to Ch. 55 to fit the alphabetical sequence of the Code). 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 Evans 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 response which are susceptible to high accident rates, interfere
with genuine emergencies (responses) and produce unnecessary alarm noise to
surrounding community.
For the purpose of this chapter, the following words and
phrases 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.
A.Â
The owners and lessees of premises having alarm systems
shall comply with all provisions of this chapter on or before the first day
of September 1995.
B.Â
Schools, both public and private schools located in the
Town of Evans, shall be exempt from compliance with this chapter.
C.Â
Also exempt from this chapter will be Town buildings,
i.e., buildings owned or operated by the Town of Evans, and fire stations
within the Town of Evans.
A.Â
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 10
minutes. It is noted and stressed that this section applies to any alarm devices
installed after the effective date of this chapter. That is to say, any alarm
systems installed before the date of this chapter, need not comply with the
time period, i.e., 10 minutes.
B.Â
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 times. Notwithstanding the foregoing,
however, the total transmission time of all messages shall not exceed three
minutes.
A.Â
No alarm system shall have an automatic dialer feature
or other type of alarm alter which connects automatically to enhanced 911
emergency telephone system.
B.Â
There shall be no automatic alarm system with direct
communications of any type to an emergency agency without prior written authorization
from the emergency agency where the alarms terminate.
A.Â
General provisions.
(1)Â
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)Â
An 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.Â
Charges. An owner or lessee of real property to which
an emergency agency responds as a result of an avoidable alarm shall pay a
fee for each response in each calendar year as follows:
C.Â
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 the Chief of Police by means of first-class
mail of all avoidable alarms, up to three police alarms and/or one 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 this alarm code.
D.Â
Administrative review. The Chief of Police and the Fire
Marshal 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 Marshal shall designate members of their departments, not to
exceed three in total, to receive such evidence and make recommendations and
finding of fact concerning such classification. The Chief of Police and Fire
Marshal 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 Marshal within
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.Â
Payment of charges. Avoidable alarm charges shall be
paid to the Town Clerk of the Town of Evans at 8787 Erie Road, Angola, New
York 14006.
F.Â
Failure to remit fee. Failure of a real property owner
or lessee of property charged within 30 days from notice of the amount due,
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 civil penalty,
not to exceed $1,000 for each offense. A separate offense shall be deemed
committed upon each day during which a violation occurs, continues or is permitted.
Moneys received for fines for response to alarms by the Town of Evans
Police shall go to the Part Town Fund. Moneys received for fines due to fire
district and/or fire companies response shall be applied to the fire district
and/or fire company. Moneys received for fines for response to alarms by the
Town of Evans Police and/or fire district and/or fire company shall be divided
equally between the Town of Evans Police and the fire district and/or fire
company, in the event they both respond simultaneously.
If any section, clause or provision of this chapter or the application
thereof to any person is adjudged invalid, the adjudication shall not affect
other sections, clauses or provisions or the application thereof which can
be sustained or given effect without the valid section, clause or provision
or application, and to this end the various sections, clauses or provisions
of this chapter are declared to be severable.
This chapter shall become effective immediately after proper filing,
including with the Secretary of State.
