[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 12-15-1997 by L.L. No. 6-1997. Amendments noted where
applicable.]
The Town Board of the Town of Tuxedo hereby
finds that standards and controls regarding intrusion, fire, holdup
and other emergency signal devices or protective services are necessary
to safeguard the public health, safety and welfare and that such standards
and controls will afford greater emergency protection to the public,
will expedite emergency communication and response, will facilitate
coordination of emergency procedures and identification of persons
and devices engaged in providing such procedures, will minimize false
alarms and other misleading or confusing signals and will encourage
the use of reliable systems and personnel to facilitate emergency
services available to the public. This chapter is intended to serve
the foregoing purposes by prohibiting the sale, leasing, use, installation,
repair or maintenance of any police, fire or medical emergency alarm
device or protective service in the Town of Tuxedo except in conformity
with the provision of this chapter and rules and regulations promulgated
hereunder.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any device which, when activated, transmits a prerecorded
message or other signal by telephone, radio, central alarm station
or audible or visible signal designed to cause any person within audible
or visual range to notify the Police Department, Fire Department or
ambulance requiring their respective emergency response.[1]
The written acknowledgment of the Town Clerk to the registration
of any police, fire or medical emergency alarm devices.
[Amended 7-12-1999 by L.L. No. 7-1999]
Any police, fire or emergency medical alarm device which
is a telephone device or telephone attachment that automatically or
electronically transmits a signal to preselected telephone lines connected
to signal to a central alarm station or police headquarters and communicates
a report of a criminal act or other emergency requiring police, fire
or medical emergency response.
Any facility operated by a private firm that owns or leases
a system of police, fire or medical emergency alarm devices, which
facility is manned by operators who receive, record or validate alarm
signals to the Police Department, Fire Department or ambulance service
when appropriate.
Any alarm device which transmits a signal or impulse over
a telephone line to the alarm indicator panel at police headquarters.
Any signal actuated by an alarm device or system of police,
fire or medical emergency alarm devices which is not the result of
a natural disaster, act of God, criminal act, fire or other emergency,
resulting in police, fire or other emergency services response. The
term "false alarm" shall include human error and equipment malfunction
causing the alarm to be activated and which results in police or fire
response.[2]
Anything which annoys, injures or endangers the comfort,
repose, health or safety of any person(s) of any community or neighborhood.
Any device which, when activated by fire or smoke or other
emergency, is designed to alert only the occupants of the building
to said emergency.
[1]
Editor's Note: The former definitions of "alarm
license" and "alarm licensee," which immediately followed this definition,
were repealed 7-12-1999 by L.L. No. 7-1999.
[2]
Editor's Note: The former definition of "licensing
authority," which immediately followed this definition, was repealed
7-12-1999 by L.L. No. 7-1999.
It shall be a violation of this chapter for
any automatic dial alarm to be directly connected to the emergency
telephone line of the Police Department and/or Fire Department and/or
ambulance service. Any such automatic dial alarm may be connected
to a central alarm station or other answering service for notification
of the appropriate service. Existing systems in violation of this
section shall have 90 days from the effective date of this chapter
to convert or make the necessary change in compliance therewith.
It shall be a violation of this chapter for
any police, fire or medical emergency alarm device to be directly
connected to the Police Department and/or Fire Department and/or ambulance
service. Any such police, fire or medical emergency device may be
connected to a central alarm station or other answering service for
notification to the appropriate service.
All alarm systems shall be equipped with a device
which will give an indication, prior to alarm system activation, which
warns the alarm user of an open circuit.
No person shall install, cause to be installed,
maintain or cause to be maintained in a structure, building or establishment
in the Town of Tuxedo an external audible police, fire or medical
emergency alarm device which does not also contain an automatic cutoff
system or feature automatically cutting off the source of power to
the alarm sounding device after it has sounded for a period of not
longer than 15 minutes.
A.
Upon receiving complaint(s) regarding a continuous
uninterrupted or continuously recurring signal, the Police Department
shall endeavor to contact the alarm user or those persons designated
by the alarm user as contacts, in an effort to abate the nuisance.
In the event that the Police Department is unable to contact the alarm
user or those designated as contacts, or if the aforesaid persons
cannot or will not curtail the audible signal being emitted by the
alarm system, and if the Police Department is otherwise unable to
abate the nuisance, the Police Department may direct a police officer,
fire fighter or a qualified alarm technician to enter upon the property
outside the home or building in which the alarm system is located
and take any reasonable action necessary to abate the nuisance.
B.
After an entry upon the property has been made in
accordance with this section, the Police Department shall have the
property secured, if necessary. The reasonable costs and expenses
of abating a nuisance in accordance with this section may be assessed
to the alarm user.
[Amended 7-12-1999 by L.L. No. 7-1999]
It shall be the obligation of any alarm registration
holder to provide the Police Department and/or Town Clerk with a minimum
of two persons to be contacted with the authority to enter the registrant's
premises for the purpose of securing and restoring said alarm system,
when necessary.
[Amended 7-12-1999 by L.L. No. 7-1999]
A.
Any property owner or lessee of property in the Town
of Tuxedo, having on its premises an alarm device or system of alarm
devices, shall register with the Town Clerk, on a form to be supplied
by the Town Clerk, the existence of such a device on its premises.
The registration application shall contain provisions relating to
the device or system of devices installed or to be installed on the
premises. Registration applications for alarm devices existing on
the premises on the effective date of this chapter must be made to
the Town Clerk by such date as shall be fixed by resolution of the
Town Board. No such devices may be installed on the premises of the
owner or lessee, after the effective date of this chapter, without
prior registration with the Town Clerk. Registrations shall be updated
each time a device or system is to be installed or modified.
[Amended 7-12-1999 by L.L. No. 7-1999]
All registrations of alarms shall be submitted
to the Town Clerk. Said registration application shall include a description
of the police, fire or medical emergency alarm device, devices or
system of police, fire or medical emergency alarm devices installed,
maintained or to be installed and such other information as shall
be required by the Town Clerk.
All permit holders of holdup, panic, medic alert,
smoke and fire alert devices shall be required to provide written
authorization to the Police Department, Fire Department and ambulance
service to forcibly enter the premises for the purpose of verifying
the validity of the emergency condition.
The fee for an alarm permit shall be established
by resolution of the Town Board.
Under no circumstances shall the cost of any
police, fire or medical emergency alarm device, devices or system
of police, fire or medical emergency alarm devices and the maintenance
of the same be charged to the Town of Tuxedo, its Police or Fire Department
and/or ambulance service. The owner or lessee of such police, fire
or medical emergency alarm devices shall be solely responsible for
the service of his or her police, fire or medical emergency alarm
devices and/or correcting any malfunction of the same that may occur.
A.
The designation of a false intrusion alarm will be
determined by the Police Department. The designation of a false fire
alarm will be determined by the Fire Department, and the designation
of a false medical alarm will be determined by the Captain of the
Ambulance Corps.
B.
The Chief of Police of the Town of Tuxedo shall cause
to be kept an up-to-date and accurate log of all false intrusion alarms,
and the Chief of the Tuxedo Joint Fire District shall cause to be
kept an up-to-date and accurate log of all false fire alarms, and
the Captains of the ambulance corps shall cause to be kept an up-to-date
and accurate log of all false medical alert alarms. These logs shall
be transmitted to the Town Clerk on a monthly basis.
C.
Any owner or lessee of property having a police, fire
or medical emergency alarm device on his premises shall pay to the
Town Clerk, upon demand, a charge for each and every false alarm occurring
on his premises in any alarm permit year as follows:
|
Number of False Alarms
|
Commercial or Residential Fee
|
|---|---|
|
1
|
$0
|
|
2
|
$10
|
|
3
|
$25
|
|
4
|
$50
|
|
5
|
$100
|
|
Each after 5
|
$150
|
|
Each after 10
|
$200
|
D.
Any failure by such owner or lessee to pay the aforementioned charges within 30 days of the demand therefore shall be deemed a violation of this chapter in accordance with the provisions of § 27A-19 of this chapter.
E.
In addition to the above charges, should more than
six false alarms occur at any one premises during any one alarm permit
year, the Town Board of the Town of Tuxedo, following a hearing at
which such owner or lessee may be present and present evidence, may
revoke the alarm permit of the owner or lessee of such premises and
order said owner or lessee to disconnect or dismantle or otherwise
remove from the Police Department or Fire Department and/or ambulance
service and/or central alarm station any police, fire or medical emergency
alarm devices or system of devices causing such false alarms, at no
expense to the Town, and any failure by such owner or lessee to comply
with said order within 10 days of its issuance shall be deemed to
be a violation of this chapter.
[1]
Editor's Note: Former § 27A-15,
Power of licensing authority, was repealed 7-12-1999 by L.L. No. 7-1999.
All police, fire and medical emergency alarm
permit fees and false alarm charges shall be collected by the Town
Clerk. False fire alarm charges shall be remitted 75% to the Tuxedo
Joint Fire District and 25% to the Town.
In order to implement the orderly institution
of all the requirements of this chapter, the owners or lessees of
any police, fire or medical emergency alarm device, devices or systems
currently in use and required under the provisions of this chapter
to obtain an alarm permit shall obtain an alarm permit no later than
60 days from the effective date of this chapter. Any police, fire
or medical emergency alarm devices currently in use which would be
prohibited under the provisions of this chapter must be removed no
later than 120 days from the effective date of this chapter.
A.
None of the provisions of this chapter shall apply
to police, fire or medical emergency alarm devices installed in Town-owned
buildings, motor vehicles or trailers or to smoke and/or heat detectors.
B.
The Town of Tuxedo shall take every reasonable precaution
that alarm signals received by the Town are given appropriate and
immediate attention. Nevertheless, the Town shall not be liable for
any defects in operation of any police, fire or medical emergency
alarm devices for failure to respond appropriately on any alarm signal
or for the transmission of alarm signals or messages. In the event
that the Town orders the disconnection or removal of a police, fire
or medical emergency alarm device or system of police, fire or medial
emergency alarm devices pursuant to the provisions of § 68-14E
of this chapter, the Town shall incur no liability therefrom.
Except as otherwise provided for herein, any
person, business, firm, corporation or other 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 not in excess
of $250 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.
