[HISTORY: Adopted by the Town Board of the Town of Orchard
Park 1-4-2012 by L.L. No. 1-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 87.
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 such response in each calendar year as follows:
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 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 a copy of this Alarms chapter.
D.
Administrative review. The Chief of Police shall establish a policy
and procedure 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 such alarm should
not be classified as an avoidable alarm. The Chief of Police shall
designate the members of the Police Department, not to exceed five
in total, to receive such evidence and make recommendations and findings
of fact concerning such classification. The Chief of Police 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 within 20 days
after the 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 Orchard Park at 4295 South Buffalo Street,
Orchard Park, NY, 14127.
F.
Failure to remit fee. A real property owner or lessee of property
on which an alarm system is installed who fails to pay the avoidable
alarm charge within 30 days from notice of the amount due shall be
deemed in violation of this chapter, and such real property owner
or lessee shall be served with a summons.
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; and for alarm systems which detect smoke, fire
or abnormal rise in temperature.
