Town of Webb, NY
Herkimer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Webb 6-19-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
This chapter shall be known as the "Emergency Alarm Device Law of the Town of Webb," which shall be applicable with respect to any policing authority which has jurisdiction within the Town and the fire protection districts located within the Town.
The purpose of this chapter is to establish standards and controls for the various types of fire, smoke, security, intrusion, holdup and other emergency signals to fire and police alarm devices which require fire district or police 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 district by an alarm device, including such devices already in use within the Town. Such standards and controls are intended to protect and promote the health, safety and general welfare of the residents of the Town of Webb by seeking to reduce the number of avoidable or false alarms to emergency, police and fire agencies.
When used in this chapter, and unless the specific content indicates otherwise, the following definitions shall apply:
ALARM INSTALLATION
Any emergency alarm device or aggregation of emergency alarm devices installed on or within a single building or on or within more than one building or adjacent area on a common site.
EMERGENCY ALARM DEVICE
Any mechanical or electrical device which is designed or used to detect smoke and/or fire, to detect an unauthorized entry into or exit from a building, structure or facility, or to alert others to the commission of an unlawful act within a building, structure or facility, or both, and which device emits an audible exterior signal at the scene of the installation or, when otherwise activated, transmits a signal or message which terminates in any manner at the respective police departments or fire districts responsible to the Town of Webb, and whether or not designed or used to register alarms that are audible, visible or perceptible with or without the protected building, structure or facility.
FALSE EMERGENCY ALARM
An alarm signal from an emergency alarm device or notification by an answering service which calls for a response by the respective police departments or fire districts responsible to the Town of Webb, where an emergency situation does not exist.
INTRUSION
Any entry into an area or building equipped with one or more emergency alarm devices by any person or object whose entry actuates an emergency alarm device.
PERMITTEE
Any individual, partnership, corporation or other entity required to obtain a permit pursuant to § 155-6 hereof.
PERMITTING AUTHORITY
The Town of Webb.
PUBLIC NUISANCE
An emergency alarm device or system of devices may constitute a public nuisance if it actuates more than:
A. 
One false alarm in any thirty-day period.
B. 
Two false alarms in any ninety-day period.
C. 
Three false alarms in any one-hundred-eighty-day period.
D. 
Four or more false alarms in any three-hundred-sixty-five-day period.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains an emergency alarm device or system of devices for use on his premises.
The permitting authority is hereby authorized to grant a revocable permit to any owner of property located within the Town of Webb, or the lessee thereof, to operate, maintain, install and modify an emergency alarm device or system of devices.
All presently existing emergency alarm devices or systems of emergency alarm devices and present owners and lessees of premises having such devices or systems must comply with all provisions of this chapter on and after October 1, 2000.
Any property owner or lessee of property in the Town of Webb having on his or its premises an emergency alarm device or system of emergency alarm devices shall apply to the permitting authority, on a form to be supplied by the permitting authority, for a permit to own or otherwise have such a device or system of devices 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. Application for permits for emergency alarm devices existing in or on premises on the effective date of this chapter must be made to the permitting authority by October 1, 2000. No such emergency alarm device may be installed on the premises of the owner or lessee after the effective date of this chapter prior to the permitting authority having issued an emergency alarm device permit to such owner or lessee, and no presently existing emergency alarm device shall be modified after the effective date of this chapter prior to the permitting authority 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. The application fee for such permit shall be $25.
The installation and maintenance of emergency 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 emergency alarm device equipment and shall be responsible for all malfunctions of his or its equipment. Subscribers and/or permittees shall notify the respective fire districts or police departments responsible to the Town of Webb prior to any service, test, repair, maintenance, adjustment, alteration or installation which might actuate a false alarm. Any failure to so notify may result in suspension or revocation of a permit issued pursuant to § 155-6 hereof.
No emergency alarm device shall be connected to or use any telephone line connected to police or fire headquarters, except those lines authorized by the permitting authority. The owner and permittee of any such emergency alarm device which is connected, either directly or indirectly, to police or fire headquarters by a telephone line which has not been authorized for use for such purpose as aforesaid on and after October 1, 2000, shall be in violation of this chapter and be subject to the penalty provisions hereof.
The permitting authority is hereby authorized to prescribe the location and the manner of installation of all cabinets, accessories, connections and equipment of any approved direct alarm system within police or fire headquarters for the purpose of providing a direct alarm system where the visible and audible signals therefrom may be readily seen and heard by police and fire personnel.
In addition to any other remedy provided by law, the permitting authority, whenever it shall have knowledge of the use of any emergency alarm device, system of devices, cabinet, 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 permitting authority, may order the removal of the same, and it shall be unlawful to disobey such order.
If the location of police or fire headquarters should be changed at any time, the Town shall not be responsible for any expense incurred by the owner or lessee for moving alarm systems or reconnecting such systems to the relocated police or fire headquarters.
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 denial, suspension and revocation provisions hereof and subject to punishment as provided under the New York State Penal Law.
A. 
The grounds for denial, suspension or revocation of a permit are as follows:
(1) 
Violation of any of the provisions of this chapter;
(2) 
Failure to comply with regulations promulgated by the permitting authority;
(3) 
Where an emergency alarm device or system of devices constitutes a public nuisance as defined hereinbefore; and/or
(4) 
Failure to notify the permitting authority of installation and/or modification of an emergency alarm device or system of devices.
B. 
Any applicant whose application for a permit has been denied may appeal such denial, in writing, to the Town Board within 30 days after the denial 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 permit application should not have been denied. The decision of the Town Board shall be final.
C. 
Notice of suspension or revocation, which states the grounds upon which the suspension or revocation is based, shall be given by the permitting authority to the permittee by regular first-class mail. The permitting authority shall set forth the date and time for hearing in said notice, and such date and time shall be no more than 15 business days from the date of mailing. Respondent permittee shall be entitled to appear in person, have the right to be represented by counsel, may produce witnesses and evidence on his/her behalf, and may cross-examine witnesses against him/her.
D. 
Determination of such suspension or revocation may be made by the permitting authority after notice and hearing. No part of the permit fee shall be refunded when a permit is suspended or revoked.
E. 
Where, after hearing, the suspension or revocation is upheld as warranted, the permittee shall be deemed guilty of a violation of this chapter and subject to the penalty provisions hereof.
F. 
Upon satisfaction of said penalties, permittees must reapply for and reinstate the suspended or revoked permit within 30 days of such satisfaction.
Any person found guilty of violation of this chapter, after hearing, shall be subject to a fine of up to $250 or imprisonment not to exceed 15 days, or both, for each such violation.
Any owner or lessee of property having an emergency alarm device or system of emergency alarm devices on his or its premises on the effective date of this chapter, and any user of services or equipment furnished by a permittee under this chapter, shall pay to the Town a charge for each and every false emergency alarm to which the police and/or fire district responds, in any twelve-month period, as follows:
A. 
First false emergency alarm within any twelve-month period: no charge.
B. 
For each subsequent false emergency alarm within any twelve-month period, the following schedule of fees shall apply:
(1) 
Second and third false emergency alarms: $50.
(2) 
Fourth false emergency alarm: $75.
(3) 
Fifth false emergency alarm: $100.
(4) 
Sixth and each subsequent false emergency alarm: $150.
C. 
The responding police unit shall submit to the permitting authority and the subscriber a copy of the police report for each false emergency alarm for which a police response was necessary.
D. 
The responding Fire District shall submit to the permitting authority and the subscriber a copy of the fire report for each false emergency alarm for which a fire district response was necessary.
E. 
The fee for a false police emergency alarm shall be paid to the Town of Webb. The fee for a false fire alarm shall be paid to the appropriate fire district.
F. 
Each fee for a false emergency alarm, as described above, if not paid, shall automatically be included on the next issued tax bill of the owner of the property on which the false emergency alarm occurred.
G. 
Any owner or lessee who has a false alarm occur on his or its property may appeal such determination to the Town Board within 15 days of service of notice of the incident by filing a written request with the Town Clerk setting forth the basis for such appeal. A hearing shall be held by the Town Board within a reasonable time after the Town's receipt of the written appeal. The decision of the Town Board shall be final.
The permitting authority shall promulgate reasonable rules, regulations and standards that may be reasonable and necessary for the purpose of assuring the quality, efficiency and effectiveness of emergency alarm devices and alarm installations owned, operated, maintained, installed, leased or sold by a permittee under this chapter and to facilitate the administration of this chapter. The permitting 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.