[HISTORY: Adopted by the Town Board of the
Town of Shandaken 8-14-1991 by L.L. No. 3-1991. Amendments noted where
applicable.]
GENERAL REFERENCES
Fire prevention and Building Code administration — See Ch. 74.
The purpose of this chapter is to establish
controls for the various types of fire, intrusion, holdup and other
emergency signals from fire and police alarm devices which require
Fire Department or Police Department response, investigation or safeguarding
of property at the location of an event reported by a signal transmitted
by telephone or radio or which is otherwise relayed to the Police
or Fire Department by an alarm device, including such devices already
in use within the township.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Any person who is employed by any business, firm, corporation
or other commercial entity that is licensed hereunder to conduct the
business of owning, operating, maintaining, monitoring, installing,
leasing or selling fire or police alarm devices whose duties include
any of the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing, in or on any building,
place or premises, any fire or police alarm device as defined in this
chapter, within the Town of Shandaken.
Any fire or police alarm device or aggregation of fire or
police alarm devices installed on or within a single building or on
or within more than one building or adjacent area on a common site.
Any business, firm, corporation or other commercial entity
which is in the business of owning, operating, maintaining, monitoring,
installing, leasing or selling a fire or police alarm device or devices
or system of fire or police alarm devices, which business, firm, corporation
or other commercial entity is, as owner, operator, provider of maintenance
service, installer, lessor or seller of said device, devices or system
of devices, subject to the license requirements of this chapter.
Any facility operated by a private firm that owns or leases
a system of fire or police alarm devices, which facility is manned
by operators who receive, record or validate alarm signals and relay
information about such validated signals to the Police or Fire Department
when appropriate.
Any fire or police alarm device which is a telephone device
or telephone attachment that automatically or electronically selects
a telephone line connected to a central alarm station or Police Headquarters
and reproduces a prerecorded message to report a criminal act or other
emergency requiring Police or Fire Department response.
Any fire or police alarm device connected directly,
by leased telephone wires, from a specific location to Police Headquarters.
Any fire or police alarm device designed to
be actuated by a fire, criminal act or other emergency at a specific
location or by a victim of a holdup, robbery or other emergency or
criminal act at a specific location.
Any signal actuated by an emergency alarm to which the Police
or Fire Department responds, which is not the result of a fire, holdup,
robbery or other crime or emergency.
Any device which, when actuated by a fire, criminal act or
other emergency requiring Police or Fire Department response, transmits
a prerecorded message or other signal by telephone, radio or other
means to a central alarm station or directly to the Police or Fire
Department or produces an audible or visible signal designed to notify
persons within audible or visible alarm range of the signal.
Any entry into an area or building equipped with one or more
police alarm devices by any person or object whose entry actuates
a police alarm device.
The Town of Shandaken Town Board or its duly appointed designee.
Police Headquarters and other enclosures housing privately
or publicly owned equipment serving the Police or Fire Department.
A.
It shall be unlawful for any persons, business, firm,
corporation or other entity to operate, maintain, monitor or install
a fire or police alarm device or devices or system of fire or police
alarm devices as defined by the terms of this chapter, without first
obtaining a license as hereinafter provided.
B.
The licensing authority is hereby authorized to grant
a revocable permit to any owner of property located within the Town
of Shandaken or the lessee thereof to operate, maintain, install and
modify a fire or police alarm device.
C.
All presently existing fire or police alarm devices
or systems of fire or police alarm devices and present owners and
lessees of premises having such devices or systems must comply with
all provisions of this chapter within 60 days of the effective date
of this chapter.
A.
An application fee for each permit for each installation
may be required.
B.
Applications for licenses and permits shall be made
as follows:
(1)
Any property owner or lessee of property in the Town
of Shandaken having on his or its premises a fire or police alarm
device or system of fire or police alarm devices shall apply to the
licensing authority on a form to be supplied by the licensing authority,
for a permit to own or otherwise have such a device on his or its
premises. The application shall contain provisions relating to the
device or system of devices installed or to be installed on the premises.
(2)
Application for permits for fire or police alarm devices
existing in premises on the effective date of this chapter must be
made to the licensing authority within 60 days of the enactment of
this chapter.[1] No such device may be installed on the premises of the
owner or lessee after the effective date of this chapter prior to
the licensing authority's having issued a permit to such owner or
lessee, and no presently existing fire or police alarm device shall
be modified after the effective date of this chapter prior to the
licensing authority's having issued a permit to such owner or lessee.
Such permit need not be obtained on an annual basis but shall be obtained
each time a device or system is to be installed or modified.
A license issued under this chapter may be suspended
or revoked by the licensing authority after notice and hearing by
the licensing authority for the violation of any of the provisions
of this chapter or of any regulation or regulations promulgated by
the licensing authority pursuant to this chapter, and any license
or identification card issued hereunder shall be surrendered immediately
to the licensing authority upon such suspension or revocation. No
part of the license fee shall be refunded when a license is suspended
or revoked. Any applicant whose application for a license or permit
has been denied may appeal such denial, suspension or revocation,
in writing, to the Town Board within 30 days after the denial or of
the notice of suspension or revocation and may appear before such
Town Board at a time and place to be determined by the Town Board
in support of his or its contention that the license should not have
been denied, suspended or revoked. The decision of the Town Board
shall be final.
[Amended 12-7-2009 by L.L. No. 2-2009]
A.
Limitations.
(1)
Need separate phone line for alarms only (separate from current dispatch
line).
(2)
No fire or police alarm device shall be connected to or use any telephone
line connected to Police Headquarters except those lines authorized
by the licensing authority. The owner and licensee of any such fire
or police alarm device which is connected, either directly or indirectly,
to Police Headquarters by a telephone line which has not been authorized
for use for such purpose as aforesaid, on and after 60 days after
the enactment of this chapter, shall be in violation of this chapter
and be subject to the penalty provisions hereof.
B.
Intentional false alarm. It shall be a violation of this chapter
to intentionally cause a false holdup alarm, and any person who does
intentionally cause a false holdup alarm shall be subject to the penalty
provisions hereof.
C.
False emergency alarms; charges.
(1)
Any owner or lessee of property having a fire or police alarm device
or system of fire and police alarm devices on his or its premises
on the effective date of this chapter and any user of services or
equipment furnished by a licensee under this chapter shall pay to
the Town a charge for each and every false emergency alarm to which
the Police or Fire Department responds, in each calendar year, as
follows:
(a)
First emergency false alarm each year: no charge.
(b)
Second subsequent false alarm: $50.
(c)
Third subsequent false alarm: $200.
(d)
Each subsequent false emergency alarm each year: $200; provided,
however, that in any case in which the false emergency alarm is transmitted
or relayed to the Police or Fire Department by or through a central
alarm station operated by a private firm, such fee shall be paid by
the owner or operator of said central alarm station.
(2)
The above charges shall be paid to the Town of Shandaken and upon receipt of same, shall thereafter be remitted to the fire district which responded to the false alarm. Failure to pay such charges shall subject such owner, lessee or user to § 54-8, Penalties for offenses, of this chapter. The Town is also authorized to collect any such charges by civil action or by adding them to the tax bill.
D.
Installation and maintenance. The installation and maintenance of
fire and police alarm devices permitted by this chapter, including
the connection to Police Headquarters, shall be made at no cost to
the Town. The owner or lessee shall be responsible for the maintenance
and service of his or its fire or police alarm device equipment and
shall be responsible for all malfunctions of his or its equipment.
E.
Change of location. If the location of Police Headquarters should
be changed at any time, the Town shall not be responsible for any
expense incurred by the owner or lessee or business licensee or alarm
agent for moving alarm systems or reconnecting such systems to the
relocated Police Headquarters.
F.
Removal of unlawful equipment. In addition to any other remedy provided
by law, the licensing authority, whenever it shall have knowledge
of the use of any fire or police alarm device, cabinet or attachment
or telephone terminal which is not operated or maintained in accordance
with the provisions of this chapter or which is contrary to regulations
promulgated pursuant to this chapter, after notice and hearing by
the licensing authority, may order the removal of the same from Police
Headquarters, and it shall be unlawful to disobey such order.
G.
Rules, regulations and enforcement. The licensing authority shall
promulgate reasonable rules, regulations and standards that may reasonably
be necessary for the purpose of assuring the quality, efficiency and
effectiveness of fire or police alarm devices and alarm installations
owned, operated, maintained, installed, leased or sold by a licensee
under this chapter and to facilitate the administration of this chapter.
The licensing authority shall administer and enforce the provisions
of this chapter. The aforesaid rules, regulations and standards shall
be set forth in writing, and copies shall be available for applicants.
A.
Central alarm station systems. The licensing authority
is hereby authorized to prescribe the locations and the manner of
installation of private or regular business telephone lines into Police
Headquarters from a central alarm station for the express purpose
of providing direct telephone communication between a central alarm
system station and Police Headquarters for use in reporting holdup
alarms.
B.
Device alarm systems. The licensing authority is hereby
authorized to prescribe the location and the manner of installation
of all cabinets, accessories, connections and equipment of an approved
direct alarm system within police/fire/dispatch headquarters for the
purpose of providing a direct alarm system where the visible and audible
signals therefrom may be readily seen and heard by dispatch personnel.
C.
Exceptions. None of the provisions of this chapter
shall apply to a fire or police alarm device or devices installed
in a motor vehicle or trailer or for medical alert purposes.
D.
Severability. If any part or parts of this chapter
are for any reason held to be invalid, such decision shall not affect
the validity of the remaining portions of this chapter. The Town Board
hereby declares that it would have passed the local law enacting this
chapter, and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases might be declared invalid.
Any person, firm or corporation who violates
any provision of this chapter shall be subject to a fine not in excess
of $250 for each offense. A separate offense shall be deemed committed
upon each day during which a violation occurs or is committed.
This chapter shall take effect upon filing in
the office of the Secretary of State pursuant to § 27 of
the Municipal Home Rule Law.
