[HISTORY: Adopted by the Town Board of the Town of Esopus 7-16-1998
by L.L. No. 4-1998. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Alarm System Local
Law of the Town of Esopus."
The Town Board of the Town Esopus is concerned that a large number of
audible burglar and fire alarm signals transmitted from locations in the Town
of Esopus are activated automatically as the result of defective or malfunctioning
equipment or are caused by the negligence of the owner or occupant of the
premises to which the Police or Fire Departments is required to respond as
the result of the signal and where an emergency condition is found not to
exist, resulting in an unnecessary use of the personnel and resources of the
departments. The Town Board believes that the imposition of a scale of penalties
for repeated false alarms will encourage property owners and occupants to
use care in the use of their alarm equipment and to maintain the equipment
in proper condition and that a registration record will facilitate notification
to alarm owners of possible violations of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
The activation of an audible alarm system or of a signal transmitted
to a police or fire department, giving notice of fire, unlawful entry or other
damage to or intrusion upon property within the Town of Esopus where, upon
response by the Fire or Police Department, the condition of fire, unlawful
entry, damage or intrusion upon property is found not to exist. It shall not
be deemed a false alarm where the system or signal is activated by a natural
disaster, such as a hurricane, lightning, thunderstorm, earthquake, or an
interruption in the electrical or telephone services to the premises without
the knowledge or control of the owner or occupant thereof.
A.
Effective January 1, 1998, the owner or occupant of any
premises in the Town of Esopus upon which a burglar or fire alarm system is
operated shall provide the following information, in writing, to the Town
of Esopus Building Inspector:
B.
The Building Inspector's Office shall be notified
by the owner or occupant within 15 days of any change in the information previously
provided.
A.
A member of the Police or Fire Department who proceeds
to a premises in response to the communication of a signal which is determined
to be a false alarm may thereafter file a written report with the Building
Inspector setting forth the date, time, premises, location, whether an owner
or occupant was present, whether there appeared to be any fire, unlawful entry,
intrusion or other damage to the premises and whether it appeared that the
alarm signal was activated by a natural disaster as above described.
B.
The Building Inspector shall maintain a record of the
reports of false alarms reported to him pursuant to the preceding subsection.
C.
Upon the receipt of the first report of a false alarm, the Building Inspector shall forward a copy of each report, either personally or by first class mail, to the person or persons identified pursuant to § 48-4A of this chapter. For each successive report received within a twelve-month period, such reports shall be delivered either personally or by certified mail, return receipt requested, and accompanied by a copy of this chapter.
The Building Inspector and, in the case of fire alarms, the Fire Chief
or their designated deputies shall have the right to inspect the alarm system,
at the premises on which it is located, upon consent of the owner, occupants
or lessee of the property or, if such consent is not given, upon obtaining
an administrative search warrant from a court of competent jurisdiction. Nothing
set forth in this chapter shall be deemed or intended to restrict the ability
of the Building Inspector or Fire Chief to inspect the alarm system on the
subject premises without consent or without a warrant in case of an emergency.
A.
The owner or occupant of the premises from which more
than two false alarms shall have previously been given within any twelve-month
period and who shall have, at the time of the first alarm, maintained current
registration information with the Building Inspector as required by the provisions
of this chapter shall be guilty of a violation and shall be punished by a
fine of not more than $100 for the first violation and by a fine of not more
than $250 for each subsequent violation occurring within a twelve-month period.
For the purposes of this subsection, a subsequent violation shall be deemed
to have occurred each time a false alarm is reported within 12 months of the
first violation.
B.
The owner or occupant of premises from which more than
one false alarm shall have been given within any twelve-month period and who
shall not have, at the time of the first alarm, maintained current registration
information with the Building Inspector as required by the provisions of this
chapter shall be guilty of a violation and shall be punished by a fine of
not more than $100 for the first violation and by a fine of not more than
$250 for each subsequent violation occurring within a twelve-month period.
For the purposes of this subsection, a subsequent violation shall be deemed
to have occurred each time a false alarm is reported within 12 months of the
first violation.
This chapter shall take effect upon filing with the Secretary of State.
