[HISTORY: Adopted by the Town Board of the
Town of Southeast 8-20-1992 by L.L. No. 4-1992. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and fire prevention – See Ch. 54.
The Town of Southeast recognizes the need to
regulate the installation and use of emergency alarm systems designed
to require Police or Volunteer Fire Department response, investigation
and safeguarding of property at the location of an event reported
by such a signal. It is the intent of this chapter to reduce in number
of false alarms and to encourage the use and proper maintenance of
reliable emergency signal systems.
[Added 5-23-2019 by L.L.
No. 3-2019[1]]
An approved fire alarm system shall be installed in all existing
buildings and habitable structures in accordance with the provisions
of the New York State International Fire Code. All buildings and structures
constructed after the effective date of this chapter, shall have installed
a fire alarm system connected with a central alarm station.
[Amended 10-20-1994 by L.L. No. 4-1994; 6-8-2017 by L.L. No. 5-2017]
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Fire, carbon monoxide, smoke, hold up (robbery), intrusion
(burglary), medical emergency response, and panic alarms or other
devices designed to signal and summon response from law enforcement,
fire and/or emergency medical services, such as ambulance and emergency
medical technicians.
[Added 5-23-2019 by L.L.
No. 3-2019]
The written authorization of the license authority granted
to any person, business, firm, corporation or other commercial entity
to install or cause to be installed in his or her place of residence
or business any police or fire alarm device, devices or system of
police or fire alarm devices.
A single or multistation device that has a sensor capable
of detecting the presence of carbon monoxide and an alarm that sounds
when carbon monoxide is detected.
[Added 5-23-2019 by L.L.
No. 3-2019]
Any facility operated by a private firm that owns, leases
or provides answering services for police or fire alarm devices, which
facility is manned by operators who receive, record, validate and
transmit signals to the police, volunteer fire department or other
emergency service providers when appropriate.
[Amended 5-23-2019 by L.L. No. 3-2019]
The Building Inspector, Assistant Building Inspector(s),
Fire Inspector and Code Enforcement Officer(s) of the Town of Southeast
shall be the enforcement officers for the purpose of compelling compliance
with the provisions of this chapter. Such officers shall have the
authority to issue notices of violation and summonses to persons who
fail to comply with the provisions of this chapter. Notwithstanding
the foregoing, any police officer or peace officer is hereby authorized
to enforce the provisions of this chapter.
A silent alarm designed to notify persons at a remote location
of an operational defect or aberration or a breach of security concerning
a particular mechanical system, machinery or mechanism.
Any signal actuated by a police or fire alarm device, devices
or system of police or fire alarm devices which is not the result
of a natural disaster, act of God, a criminal act, fire or other emergency
requiring police or fire response. The term "false alarm" shall include
human error and equipment malfunction causing the alarm to be activated,
except when the owner or lessee of such equipment has telephoned or
otherwise informed the central alarm station of a possible false alarm
to shortly ensue resulting from equipment servicing, opening and/or
closing the establishment or residence or similar activity.
[Amended 5-23-2019 by L.L. No. 3-2019]
A duly authorized representative of the Town charged with
the administration and enforcement of this chapter, including, but
not necessarily limited to, the duly appointed and qualified fire
inspector, emergency coordinator, code enforcement officer, building
inspector and assistant building inspectors.
[Added 5-23-2019 by L.L.
No. 3-2019]
A silent device installed at a commercial location designed
to signal a remote location requiring police assistance.
[Amended 5-23-2019 by L.L. No. 3-2019]
A secure device with a lock operable only by fire department
master key, and containing building entry keys and any other keys
that may be required for emergency access to a particular building
or structure.
[Added 5-23-2019 by L.L.
No. 3-2019]
The Clerk of the Town of Southeast.
A sounding device designed to summon assistance from family
or neighbors which is not connected to a remote location through central
station service or otherwise.
National Fire Protection Association.
[Added 5-23-2019 by L.L.
No. 3-2019]
New York State International Building Code.
[Added 5-23-2019 by L.L.
No. 3-2019]
New York State International Fire Code.
[Added 5-23-2019 by L.L.
No. 3-2019]
An electronic device designed to signal a remote location
or emergency service when the wearer needs assistance.
Any device which, when actuated by a criminal act, fire or
other emergency, transmits a prerecorded message or other signal by
telephone, radio, central alarm station or audible or visible range
to notify the Police or Fire Department, requiring their respective
emergency response.
A signal transmitted by an alarm system to a remote location
indicating a mechanical or technical problem with the system, other
than an alarm condition. Such system trouble signal shall not be transmitted
so as to invoke an emergency.
It shall be a violation of this chapter for
any alarm devices to be connected directly to the Police Department
or Fire Department. Except as may be otherwise required by federal
or state law, all alarm devices shall be connected to a central alarm
station or other answering service for notification to the appropriate
agency or repair service. No tape dialing devices shall be permitted.
[Amended 10-20-1994 by L.L. No. 4-1994]
It shall be a violation of this chapter for
any owner or lessee of any police or fire alarm device to cause the
placing in operation of any police or fire alarm system in his or
her residence or place of business without a permit as required pursuant
to this chapter. Those found in violation of this provision shall
have 30 days after having been served with a notification by mail
of such violation to pay the fine imposed and secure the necessary
permit. Failure to do so will subject the violator to additional fines
and penalties for each day that such violation shall continue to exist.
[Amended 2-20-1997 by L.L. No. 2-1997; 5-23-2019 by L.L. No. 3-2019]
All applications for alarm permits shall be submitted to the
licensing authority on a form prescribed by the Town Board. Such application
shall be obtained from the licensing authority. The application shall
include a description of the alarm devices installed or to be installed.
All applications and renewals shall require a certification that a
maintenance inspection has been conducted by a New York State licensed
or certified alarm agent within the preceding 12 months.
[Amended 5-23-2019 by L.L. No. 3-2019]
The annual permit fee for an alarm shall be established by resolution
of the Town Board and incorporated in the Town's fee schedule.
Permits issued shall become valid on the first day of January of any
given year and shall expire on December 31 of that year. Permits shall
be renewed each year, and any application for renewal shall be submitted
on or before the expiration date of the current permit. Any application
for renewal which is made after March 1 is subject to an administrative
late fee in addition to the annual permit fee set forth in the fee
schedule.
Under no circumstances shall the cost of any
police or fire alarm device, devices or system of police or fire alarm
devices be charged to the Town or Fire Department or Police Department.
The owner or lessee shall be responsible for the service of his or
her equipment and for correcting any malfunction of same that may
occur.
[Amended 2-20-1997 by L.L. No. 2-1997; 6-8-2017 by L.L. No. 5-2017; 5-23-2019 by L.L. No. 3-2019]
A.
The Brewster-Southeast Joint Fire District shall ensure that the
Chief of the Brewster Fire Department or his or her designee prepares
and submits a written monthly report to the licensing authority, who
shall keep an up-to-date and accurate log of all false alarms occurring
in the Town.
B.
Any owner or lessee of property having an alarm as defined by this
chapter on his or her premises shall be subject to a fine and/or administrative
penalty for each and every false alarm occurring on the premises according
to the fee schedule as adopted by the Town Board.
C.
Property owners and/or lessees of property failing to have a valid
alarm permit as required by this chapter shall be subject to a fine
and/or administrative penalty for each false alarm occurring at the
premises together with additional fines and/or administrative fees
for failure to register the alarm(s) as required.
D.
All permit and administrative fees and charges shall be collected
by the licensing authority. Failure to pay a charge shall subject
such alarm owner, lessee or user to further penalties as defined herein
or as determined by the courts.
E.
Unpaid false alarm fees and/or fines, permit fees or other charges shall become a lien upon the property from which the alarm originated and will be collected in the same manner as real estate taxes after the provisions of § 39-11 are exhausted.
F.
An otherwise valid alarm permit may be suspended or revoked if the
licensed property is the location of chronic false alarms.
It shall be a violation of this chapter to intentionally
cause a false alarm, and any person who does intentionally cause a
false alarm shall be subject to the penalty provisions of this chapter
in addition to any penalties provided by state law.
[Amended 6-8-2017 by L.L.
No. 5-2017]
A.
The licensing authority may for cause deny a permit or refuse to
renew a permit, and the Building Inspector, Fire Inspector, Code Enforcement
Officer or police officer may for cause recommend the suspension or
revocation of a permit issued under this chapter. In the event that
the licensing authority refuses to issue a permit or a renewal thereof,
a person aggrieved by such denial may appeal to the Town Board in
accordance with the provisions of this chapter. In the case of an
emergency, the licensing authority may summarily suspend any permit
until the Town Board hearing is completed.
B.
Any applicant whose application for a permit has been denied or whose
permit has been summarily suspended by the licensing authority may
file a request for review with the licensing authority who shall refer
same to the Town Board for its review and decision. Such request for
review shall be filed within 10 days after notification of denial
or suspension.
C.
In the event that the Building Inspector, Fire Inspector, Code Enforcement
Officer or a police officer files a written recommendation with the
licensing authority requesting the suspension or revocation of a specific
permit, such recommendation shall be referred to the Town Board who
shall convene a hearing thereon in accordance with the provisions
of this chapter.
D.
The Town Board shall hold hearings at such time as it deems necessary.
Such hearing shall be convened on at least 10 days' prior written
notice, sent by certified mail, return receipt requested, to the applicant
or permit holder at the address set forth by such applicant or permit
holder in its application filed with the licensing authority or at
such other address as such person or entity may designate in writing.
The applicant or permit holder may appear at such hearing in person
and/or by a duly authorized representative and shall be given an opportunity
to present testimony, witnesses or other evidence in support of its
application or permit. Upon conclusion of the hearing, the Town Board
shall issue its determination, in writing, within 30 days after the
close of the hearing. Failure to make a recommendation within such
time period, unless waived by all parties concerned, shall be deemed
an approval of the proposed action.
E.
The decision of the Town Board shall be mailed to the applicant or
permit holder by certified mail, return receipt requested, and shall
be a final decision subject to review by a proceeding commenced pursuant
to Article 78 of the Civil Practice Law and Rules of the State of
New York; provided, however, that any proceeding commenced pursuant
to such article to review such determination shall be commenced within
30 days after the decision appealed from was rendered.
The licensing authority is hereby authorized
to grant revocable alarm permits, pursuant to rules and regulations
promulgated by the Town of Southeast or its duly authorized representative.
Such permits may be revoked for good cause shown. The licensing authority
shall administer and enforce the provisions of this chapter and any
rules and regulations promulgated by the Town Board in accordance
with the provisions of this chapter.
The Town Board may promulgate reasonable rules,
regulations and standards that may be necessary for the purpose of
assuring the proper implementation of the provisions of this chapter.
Copies of this chapter and any regulations adopted pursuant hereto
shall be available for applicants.
A.
It shall be the duty of the Town Clerk to act as the
licensing authority and to receive fees and charges and to keep a
record thereof.
B.
It shall be the duty of the Town Clerk to maintain
a record of alarm licenses and alarm permits issued and number of
false alarms reported and to make a monthly report of same to the
Town Board.
[Added 5-23-2019 by L.L.
No. 3-2019[1]]
All owners or lessees of commercial property having a structure
or building located within the Town of Southeast shall install or
cause to be installed and maintained key box(es) in approved locations
as determined by the Fire Code Official. Where access to or within
a particular commercial/public building or structure or to a particular
area within a commercial/public building or structure is restricted
because of secured openings or where immediate access is deemed necessary
by the Fire Code Official for life-saving or firefighting purposes,
the Fire Code Official is authorized to require a key box to be installed
on such premises at an approved location. The key box shall be an
approved type listed in accordance with UL 1037, and shall contain
keys to gain necessary access to the subject premises as required
by the Fire Code Official.
A.
Locks. An approved lock shall be installed on gates or similar barriers
where required by the Fire Code Official.
B.
Elevator keys. Key boxes provided for nonstandardized fire service
elevator keys shall comply with Section 506.1.2 of the NYSIFC.
C.
Keys. All key-box cylinders shall be keyed to conform with the key
registered to the Brewster Fire Department. The key shall not be freely
duplicated.
D.
Maintenance. It shall be the responsibility of the property owner
or the owner's representative to maintain key box(es) in good,
operable condition and to ensure the keys contained therein are compatible
with existing door locks on the premises.
[Amended 5-23-2019 by L.L. No. 3-2019]
All the requirements, rules and regulations pertaining to this
chapter in effect as of October 1, 1992, shall remain in full force
and effect until subsequently amended by the Town Board.
The Town shall not be liable for any defects
in the operation of emergency alarm systems, for any failure by any
law enforcement or fire protection agency to respond appropriately
on any emergency alarm signal or for the transmission of alarm signals
or messages or the relaying of such signals or messages. In the event
that the Town finds it necessary to cause the revocation of a permit
or to order the disconnection or removal of a defective automatic
or signaling device, the Town shall incur no liability therefrom.
Any person, business, firm, corporation or other
commercial entity who does not pay any fee or charge established in
this chapter or who violates any provisions of this chapter shall
be subject to a fine of not less than $100 nor more than $750 or imprisonment
for 15 days, or both, for each offense. A separate offense shall be
deemed committed upon each day during which a violation occurs or
is committed.
[Amended 5-23-2019 by L.L. No. 3-2019]
To the extent that this chapter, enacted pursuant to the authority
of the Municipal Home Rule Law of the State of New York, conflicts
with any state law of general or special application, including but
not limited to the provisions of the Civil Practice Law and Rules
relating to time limitations for commencing proceedings pursuant to
Article 78 thereof, this chapter shall supersede such state law and
take precedence over such law.
[Added 2-20-1997 by L.L. No. 2-1997 ]
A.
All lock boxes, e.g., Knox-type installations, which
afford the providers of emergency services access to premises through
a centrally located, on-site key, shall be approved by the Fire Inspector's
office prior to installation on any premises within the Town.
B.
All lock-box cylinders shall be keyed to accept a
Fire Department registered key which can not be freely duplicated.
