[HISTORY: Adopted by the Town Board of the Town of Amenia 12-21-1989 by L.L. No.
4-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention and Building Code administration — See Ch. 63.
This chapter shall be known as the "Local Law Regulating Alarm
Systems in the Town of Amenia."
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the Town of
Amenia by reducing the number of avoidable alarms to emergency agencies.
Avoidable alarms contribute to ineffective utilization of public safety
manpower and equipment. In addition, avoidable alarms require emergency
responses which may contribute to a high accident rate and delayed
responses to genuine emergencies. This chapter seeks to ensure that
police and fire communications and ambulance facilities will be available
to dispatch police, fire and ambulance personnel for actual emergencies
and to alleviate the nuisance of audible alarms in the town. Another
purpose of this chapter is to provide the town and emergency agencies
with the names of responsible people to contact in the case of activation
of an alarm.
As used in this chapter, the following terms shall have the
meanings indicated:
A device or an assembly of equipment which emits an audible
response which is intended to alert persons outside a premises to
the existence of a hazard or emergency or which is intended to alert
emergency agencies by automatically dialing an emergency agency or
which is connected to a private answering point for the purpose of
reporting such alarms to emergency agencies or which is directly connected
to the County Fire Control Center or other emergency agency.
Any person who owns, leases or uses an alarm system within
the Town of Amenia, except for a person whose alarm system is on a
motor vehicle or is a proprietary system. If, however, an alarm system
on a motor vehicle is connected with an alarm system at a premises
(other than a proprietary system) in the Town of Amenia, the person
using such system is an alarm user.
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 his/her employees
or agents or through any other cause which, through direct connection
to an emergency agency or through notification of an emergency agency
by a private answering point or automatic dialing device or through
notification to an emergency agency by any second party or means,
indicates that an emergency situation exists requiring response within
the town when, in fact, an emergency situation does not exist. An
avoidable alarm also includes the knowing or intentional activation
of an alarm to an emergency agency when the activator knows that an
emergency situation does not exist. Avoidable alarm does not include
alarms activated by violent conditions of nature, such as hurricanes,
tornadoes, earthquakes or any other similar cause beyond the control
of the user of the alarm system. Activation of an alarm system under
any circumstances in which the activator reasonably believes that
an emergency situation exists is not an avoidable alarm. Notwithstanding
any language to the contrary, the defective installation of an alarm
system, the failure to repair or cause to be repaired an alarm system
or the use of defective equipment in connection with an alarm system
shall not constitute an extraordinary circumstance beyond the reasonable
control of the alarm user.
Any individual appointed by the Town Board to enforce the
New York State Uniform Fire Prevention and Building Code.
[Amended 2-27-1990 by L.L. No. 2-1990]
Any Police Department, Fire Department or other law enforcement
agency or ambulance company (private or public) or other agency summoned
to respond to an emergency situation and any public safety answering
point serving the Town of Amenia.
A signaling system which, when activated, causes an audible
signaling device to be activated outside the premises in which the
system is installed.
The address which an alarm user designates on the application
for a permit as the address to which notices are to be sent.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
A business which offers the service of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
An alarm, sounding and/or recording within the premises protected
by the alarm which is not intended to alert persons outside of the
premises on which the alarm system is located of a possible hazard
and not intended to alert an emergency agency, the control center
being under the supervision of the proprietor of the protected premises.
If a proprietary system includes a signal line connected directly
or by means of an automatic device to an emergency agency or to a
private answering point or to a local alarm system, it thereby becomes
an alarm system as defined in this chapter.
The Town of Amenia.
A.
The provisions of this chapter shall not apply to proprietary systems.
B.
Permits shall be required for alarm systems located in buildings
of federal, state or local governmental agencies or authorities or
in public or private schools, but said alarm systems shall be exempt
from the permit fee. Said alarms shall, however, be subject to the
fines and penalties herein provided for avoidable alarms.
No person shall own, use, lease, operate or maintain an alarm
system within the Town of Amenia unless such person shall have first
obtained from the town a permit for such alarm, as herein provided.
A.
In order to obtain an alarm user permit, any person who operates
an alarm system shall submit an application for such permit in the
form designated by the town, which application shall contain the following:
(1)
The name, home address and telephone number of the person applying
for the permit.
(2)
The address of the premises upon which the alarm system is or will
be located.
(3)
The address to which notices required under this chapter shall be
sent.
(4)
The type of alarm system for which the permit is sought.
(5)
The name of the alarm business or businesses selling, installing,
monitoring, inspecting, responding to and/or maintaining the alarm
system, if applicable.
(6)
The name, address and telephone number of one or more persons, other
than the owner, who can be reached at any time and who are authorized
by the owner of the premises in which the system is installed to open
the premises.
(7)
Any other information relating to the alarm system or user as the
town may require.
B.
The information required on the permit application shall be treated
as confidential and shall not be made available to members of the
general public. The Town Board finds that the release of such information
would constitute an unwarranted invasion of personal privacy and could
endanger the life or safety of persons at the premises where an alarm
system is located. The information on a permit application shall be
used by the town and emergency agencies only for public safety purposes.
A.
Every application for an alarm user permit shall be accompanied by
a fee of $10, except that no fee shall be required for applications
submitted by any alarm user by March 31, 1990, nor for applications
submitted after said date if the application is submitted prior to
the installation of an alarm system.
B.
Upon receipt of a properly executed permit application, the town
shall issue an alarm user permit to the applicant. Alarm user permits
shall not be transferable, shall be kept on the premises where the
alarm system is located and shall be made available for inspection
by emergency agency officers.
An alarm user permit shall expire on March 31 next following
its date of issuance.
A.
Subject to the provisions of this chapter and upon payment of the appropriate renewal fees as stipulated in Subsection B hereof, an alarm user permit may be renewed by the alarm user.
B.
The annual permit renewal fee shall be based upon the number of avoidable
alarms recorded for each alarm user as follows:
(1)
For an alarm user with zero avoidable alarms during the preceding
year, no renewal fee shall be charged.
(2)
For an alarm user with one to three avoidable alarms during the preceding
year, a base permit renewal fee of $10 shall be charged.
(3)
For an alarm user with more than three avoidable alarms during the
preceding year, a base permit renewal fee of $10 plus an additional
excessive-use fee for each avoidable alarm in excess of three shall
be charged as follows: for the fourth, fifth and sixth avoidable alarms:
$50 each; for the seventh, eighth and ninth avoidable alarms: $75
each; for every avoidable alarm after the ninth: $100 each. At the
time of renewal, an alarm user shall receive credit for any amounts
paid during the permit year to reinstate a revoked permit.
C.
No renewal of a permit shall be granted unless the appropriate renewal
fee is submitted with the application.
The town shall notify an alarm user, in writing, by means of
first-class mail sent to the notice address listed on the permit application,
when an alarm user has had three avoidable alarms during the permit
year. The notice shall inform the alarm user that additional avoidable
alarms will subject the alarm user to the excessive-use fee as specified
in this chapter for each additional avoidable alarm. At the end of
the permit year, the town shall notify each alarm user having more
than three avoidable alarms of the number of avoidable alarms incurred
during the preceding year and the amount to be charged for the renewal
of the alarm user permit The notice shall be in writing and shall
be sent by first-class mail to the notice address listed on the application.
An alarm user permit shall be revoked whenever 10 or more avoidable alarms are recorded for a system in any one permit year. Notice of such revocation shall be sent by the town, via first-class mail, to the notice address listed on the permit application at least 15 days before the revocation takes effect. The alarm user may reinstate a revoked permit by the payment of the excessive-use fee for each avoidable alarm in excess of three [the excessive use fee shall be as specified in § 35-9B(3) of this chapter] and by submission of proof that modifications have been made to the alarm system or other steps have been effected so as to reduce the number of avoidable alarms. An alarm user permit shall not be revoked under this section if said alarm system is required by federal, state or local law. However, all other provisions of this chapter shall apply to such system, and the user thereof shall remain responsible for the payment of all authorized fees.
[Amended 2-27-1990 by L.L. No. 2-1990]
Any emergency agency as herein defined desiring the Code Enforcement
Official to initiate enforcement of this chapter against an alarm
user who has generated avoidable alarms shall comply with the following
requirements:
A.
The emergency agency shall send to the Code Enforcement Official of the Town of Amenia an alarm incident report containing the information required in § 35-13 within seven days of the alarm call.
B.
A copy of the avoidable alarm incident report shall be mailed by
the emergency agency, via first class mail, to the alarm user to the
notice address listed on the permit application.
C.
An alarm user receiving a notice of an avoidable alarm may challenge
such classification by notifying the emergency agency in writing,
specifying in detail the reasons why the alleged avoidable alarm should
not be so classified. The challenging notice must be received by the
emergency agency within 20 days after notification to the alarm user.
A hearing may be requested by the alarm user with the notice. The
failure to give timely notice shall be deemed a waiver of the right
to challenge the classification.
D.
Within a reasonable time, but not more than 45 days after receipt
of a notice from an alarm user challenging the classification of an
alarm as an avoidable alarm, the emergency agency shall make a final
determination, which shall be reviewable only pursuant to Article
78 of the Civil Practice Law and Rules.
E.
Within 10 days after a final determination has been made by the emergency
agency, a copy thereof shall be filed with the Town Clerk and a copy
mailed or otherwise given to the alarm user.
Whenever an emergency agency files an avoidable alarm report,
such report shall contain the following information:
[Amended 2-27-1990 by L.L. No. 2-1990]
Alarm systems which are interconnected with or otherwise transmit
signals directly to the County Fire Control Center shall be subject
to the laws, rules, regulations and penalties adopted by the County
of Dutchess relating to such systems.
A.
All local alarm systems shall become deactivated and silenced automatically
after a period of time not to exceed 15 minutes.
B.
Police and/or fire officials may disable an audible alarm signal
that has not been silenced prior to the expiration of the fifteen-minute
period and shall not be liable for any damage that may result.
In addition to any other fees or penalties provided for in this chapter, a violation of § 35-5 of this chapter shall be deemed an offense and shall be punishable by a mandatory fine of not less than $100 nor more than $250 or a term of imprisonment not exceeding 15 days, or both; provided, however, that no person shall be charged with such offense until 15 days after notice to said person that he/she is required to obtain an alarm user permit, and further provided that no charge shall be filed against a person so notified if he/she obtains a permit during said fifteen-day period. A person found guilty of violating § 35-5 shall not be excused from obtaining the required permit.
[Amended 2-27-1990 by L.L. No. 2-1990]
If, within a seventy-two-hour period, three avoidable alarms
are received from an alarm user, the alarm user will be required to
show written proof to the Code Enforcement Official that repairs have
been made to the alarm system by a recognized alarm installation company.
Failure to produce this proof within 24 hours of the third avoidable
alarm will result in a fine of $150. Any additional avoidable alarms
will result in an additional fine of $25 per alarm.
The provisions and requirements of this chapter shall apply
to all persons who are alarm users on the effective date of this chapter
and to all persons who subsequently become alarm users.
