This chapter shall be known as the "Town of Niagara False Alarm Law."
The purpose of this chapter is to protect and promote the health, safety
and general welfare of the residents of the Town of Niagara by reducing the
number of false alarms of fire, intrusion, holdup or other emergencies which
contribute to the ineffective use of emergency response agencies, require
emergency responses which are susceptible to high accident rates, interfere
with genuine emergencies (responses) and produce unnecessary alarm noises
to the surrounding community.
For the purpose of this chapter, the following words, terms and phrases
shall have the meanings respectfully ascribed to them by this section:
ALARM BUSINESS
Any person or persons engaged in the sale, leasing, installation,
maintenance or service of alarm systems or who, in any manner, cause the sale,
leasing, installation, maintenance or service of alarm systems in or on any
building, structure or facility within the Town of Niagara. An alarm business
shall be licensed through New York State.
ALARM INFORMATION NOTICE
A notice or decal posted in a prominent location on a building at
which an alarm is operational which shall contain an assigned identification
number.
ALARM SYSTEM
Any assembly of equipment or devices arranged to signal the presence
of a hazard requiring urgent attention which is directly or indirectly connected
to police, fire or emergency medical services and to which police, fire or
emergency medical services agencies are expected to respond. An alarm system
shall include automatic dialing devices.
[Amended 1-10-1995 by L.L. No. 1-1995]
ALARM USER
Any person using an alarm, including the owner or lessee of real
property where an alarm is located.
AUTOMATIC DIALER
Any device that automatically dials and relays a prerecorded message
to an emergency agency.
FALSE ALARM
Activation of an alarm system through mechanical failure, malfunction,
improper installation, or the negligence of the owner, user, custodian or
lessee of any alarm systems or of his or her employees, requiring an emergency
response when, in fact, an emergency does not exist, or the intentional activation
of an alarm system when the activator knows an emergency situation does not
exist. A false alarm does not include alarms activated by violent conditions
of nature or similar causes 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 a false alarm.
The Code Enforcement Officer, in cooperation with other town officials,
shall establish a policy and procedure whereby an owner of real property or
lessee thereof on which an alarm system has been installed and who has been
notified of a false alarm may present evidence as to why any such alarm should
not be classified as a false alarm. The Code Enforcement Officer, Police Chief
and/or Fire Chief shall designate members of their departments, not to exceed
five in total, to receive such evidence and make recommendations and findings
of fact concerning such classification. The Code Enforcement Officer shall
make the final determination concerning a classification, which determination
shall be reviewable only pursuant to procedures under Article 78 of the Civil
Practice Law and Rules. To challenge the classification of an alarm as a false
alarm, the real property owner or lessee thereof, or the alarm business responsible
for the maintenance of the alarm, shall, in writing, notify the Code Enforcement
Officer within 20 days after receipt of notice of the false alarm. The failure
to give timely notice shall be deemed a waiver of the right to review the
determination.
The Code Enforcement Officer or his or her designees shall enforce this
chapter. For that purpose, the Code Enforcement Officer and his or her designees
are authorized to issue and serve appearance tickets. The building inspector
for the Town of Niagara shall be the Code Enforcement Officer for purposes
of this section.
Nothing in this chapter shall be construed or interpreted to place the
Town of Niagara or any of its officers or agents under any obligation or duty
to an alarm user or to any other person hereunder by reason of this chapter.
The town specifically disclaims any and all liability for any and all damages
which may be in any way related to the failure or inability to respond to
any alarm.
The owners and lessees of premises having alarm systems shall comply with §§
97-8 and
97-9 of this chapter on or before the first day of July 1994.
Any person, business, firm, corporation, partnership, association or
other entity that does not pay the fees as established in this chapter shall
be subject to a civil penalty in an amount not less than twice the amount
of such unpaid fees, but not to exceed $1,000 for each offense. Any person,
business, firm, corporation, partnership, association or other entity that
violates any other provisions of this chapter shall be subject to a civil
penalty in an amount not less than twice the amount of such unpaid fees, but
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.