Town of Evans, NY
Erie County
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Table of Contents
Table of Contents
[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]
GENERAL REFERENCES
Fees — See Ch. 106.
Fire prevention — See Ch. 110.
Noise — See Ch. 137.

§ 55-1 Purpose.

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.

§ 55-2 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectfully ascribed to them by this section:
ALARM SYSTEM
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.
AUTOMATIC DIALER
A device that automatically dials and relays a prerecorded message to an emergency agency.
EMERGENCY AGENCY
The Police Department or fire district central fire dispatch or other emergency dispatch center.

§ 55-3 Compliance required; exemptions.

A. 
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. 
Schools, both public and private schools located in the Town of Evans, shall be exempt from compliance with this chapter.
C. 
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.

§ 55-4 Automatic cutoff system required.

A. 
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. 
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.

§ 55-5 Connection to 911 and emergency agencies restricted.

A. 
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. 
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.

§ 55-6 Avoidable alarms.

A. 
General provisions.
(1) 
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) 
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. 
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:
(1) 
Police Department response:
(a) 
First through third avoidable alarm response: no charge.
(b) 
Fourth and fifth avoidable alarm responses: $50 for each.
(c) 
Sixth and over avoidable alarm responses: $100 for each.
(2) 
Fire District response:
(a) 
First avoidable alarm response: no charge.
(b) 
Second through fifth avoidable alarm responses: $50.
(c) 
Sixth and over avoidable alarm responses: $100 for each.
C. 
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. 
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. 
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. 
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.

§ 55-7 Enforcement.

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.

§ 55-8 Penalties for offenses.

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.

§ 55-9 Disbursement of fines.

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.

§ 55-10 Severability.

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.

§ 55-11 Effective date.

This chapter shall become effective immediately after proper filing, including with the Secretary of State.