[HISTORY: Adopted by the Town Board of the Town of Amherst 8-3-1992 by L.L. No.
12-1992; amended in its entirety 10-28-2019 by L.L. No. 20-2019. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Town of Amherst Alarm Code."
The purpose of this chapter is to protect and promote the health,
safety and general welfare of the residents of the Town of Amherst
by reducing the number of avoidable alarms of fire, intrusion, holdup
or other emergencies which contribute to ineffective utilization of
police and fire emergency agencies, require emergency responses which
are susceptible to high accident rates, interfere with genuine emergencies
(responses) and produce unnecessary alarm noise to the surrounding
community.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A device or an assembly of equipment which is designed to
detect smoke, abnormal rise in temperature, fire, medical emergency
or an entry into or exit from a building, structure or facility and
by reason thereof emits an audible response intended to alert persons
outside of the premises and/or transmit a signal or message to an
emergency agency either directly or through a private answering point.
A device that automatically dials and relays a prerecorded
message to an emergency agency.
The Police Department or Fire Company, central fire dispatch
or other emergency dispatch center.
The owners and lessees of premises having alarm systems shall
comply with all provisions of this chapter on or before the January
1, 1993.
A.
No person shall install or maintain an external audible alarm device
which does not contain an operational automatic cutoff system which
turns off the external audible alarm after a period not to exceed
10 minutes.
B.
An automatic dialer connected directly to an emergency agency shall
automatically disconnect and/or terminate its message after the message
has been transmitted a maximum of two times. Notwithstanding the foregoing,
however, the total transmission time of all messages shall not exceed
five minutes.
A.
No alarm system shall have an automatic dialer feature or other type
of alarm alert which connects automatically to enhanced 911 or the
911 emergency telephone system.
B.
There shall be no automatic alarm system with direct communication
of any type to an emergency agency without prior written authorization
from the emergency agency where the alarms terminate.
A.
General provisions.
(1)
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence of the owner of the premises,
user, custodian or the negligence or carelessness of the lessee of
the premises where the alarm system is located or the negligence or
carelessness of any employees at the premises 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 causes 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.
(3)
Where the reason for the alarm is due to a finding by the responding
fire company that burnt food or cooking activities triggered the alarm
that conduct is 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 avoidable alarm shall pay a fee for
each such response in each calendar year as follows:
(1)
Police Department response:
|
Avoidable Alarm Responses
|
Fee - Residential
|
Fee-Commercial
|
|---|---|---|
|
1 through 4
|
No charge
|
No charge
|
|
5
|
$50 each
|
$100 each
|
|
6 to 9
|
$100 each
|
$100 each
|
|
10 or more
|
$200/each
|
$500 each
|
(2)
Fire Department response (except for medical emergencies):
|
Avoidable Alarm Responses
|
Fee
|
|---|---|
|
First
|
No charge
|
|
Second
|
$100
|
|
Third
|
$250
|
|
Fourth
|
$500
|
|
Fifth and subsequent
|
$1,000/each
|
(3)
Fire Department response for medical emergencies:
|
Number of Avoidable Alarm Responses
|
Fee
|
|---|---|
|
1 through 5
|
No charge
|
|
6 or 7
|
$25/each
|
|
8 or more
|
$50/each
|
C.
Notice of excessive use. The owner and/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 five four police alarms and/or one fire alarm
in a calendar year. The notice shall be sent in writing, by means
of first class mail, to the owner at the address maintained by the
Town of Amherst Assessor or a duly authorized representative who has
been designed by the owner to receive such notice, said designation
required to be filed with the Building Commissioner. If notice to
the lessee is sent, it shall be sent to the property c/o lessee of
premises unless a different name and address are provided by the lessee.
D.
Contents of Notice of Violation. The notice to the owner and/or lessee
of the real property which received an emergency response by reason
of an avoidable alarm shall be provided with the following information:
(1)
Time and date of avoidable alarm;
(2)
Address of the real property. If the real property has more than
one unit, the unit/apartment/suite number;
(3)
For fire alarms, the name of the volunteer fire department which
responded together with the name of the officer in charge. For other
alarms, the name and rank of the police officer(s) who responded;
(4)
An incident reference number assigned by fire dispatch/police department;
(5)
A copy of the incident detail report police incident report for the
alarm at issue;
(6)
The fine being imposed as per Town Code § 65-7(B); and
(7)
A copy of a letter which states as follows:
|
Please remit the penalty fee of $ (insert fee amount) to the
Town Clerk, Town of Amherst, 5583 Main Street, Williamsville NY 14221,
no later than thirty (30) days from the date of this notice in order
to avoid further enforcement action and possible additional penalties.
|
|
Your attention is directed to Section 65-7(D) of the Code of
the Town of Amherst (a copy is enclosed) under which you may appeal
the classification of the alarm as "avoidable." If you wish to appeal
this classification as an avoidable alarm as to fire alarms, please
notify the Town of Amherst Commissioner of Building or Chief of Police
as to other alarms no later than twenty (20) days after the receipt
of this notice. You will then be notified of the date, time and place
where your appeal will be heard.
|
|
Failure of a real property owner or lessee of property on which an alarm system is installed to pay the avoidable alarm charge within thirty (30) days following notice of the amount due is a violation of Chapter 65 of the Code of the Town of Amherst.
|
|
Attachment: Chapter 65 of the Code of the Town of Amherst
|
E.
Administrative review.
(1)
The Chief of Police and the Commissioner of Building shall each establish
procedures 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 any such alarm
should not be classified as an avoidable alarm.
(2)
The Chief of Police shall designate up to three (3) members of the
Police Department to receive evidence of alarm responses and make
recommendations and findings of fact concerning said classification.
(3)
The Commissioner of Building shall designate members of his/her department,
not to exceed five (5) in total, to receive such evidence of avoidable
alarms make recommendations and findings of fact concerning such classification.
(4)
The Chief of Police and the Commissioner of Building shall make the
final determination concerning a classification, which determination
shall be reviewable only pursuant to procedures under Article 78 of
the Civil Practice Law and Rules and said proceeding to be commenced
within thirty-five (35) days after the mailing of the determination
by the Building Commissioner or Police Chief to the owner/lessee.
(5)
To challenge a classification of an alarm as an avoidable alarm,
the real property owner or lessee shall notify the Building Commissioner
for fire alarms or the Chief of Police for all other alarms, in writing
(an e mail is acceptable), within twenty (20) days after receipt of
notice of the avoidable alarm that he/she wishes to appeal such determination.
The failure to give such notice shall be deemed a waiver of right
to review that determination.
(6)
Upon ten (10) days of receipt
of the appeal, the Chief of Police for other alarms or the Building
Commissioner for fire alarms shall:
a.)
Designate one (1) representative of the relevant department
(Building Department representative shall be a fire inspector), to
receive evidence from the property owner or lessee thereof. The representative
shall be selected from a list established by the relevant department
of the same on a random basis;
b.)
Notify the property owner/lessee thereof of the designation
of the specified fire inspector as Hearing Officer for fire alarms
or the police department representative for all other alarms;
c.)
Provide property owner/lessee with time, place and date of hearing
at which time the designated hearing officer shall hear said evidence;
and
d.)
Advise the property owner/lessee of his/her right to be represented
by counsel at such hearing.
(7)
The duly designated representative of the relevant department shall
afford the owner/lessee to present evidence in support of the claim
that the alarm was not avoidable.
(8)
Evidence.
a.
At said hearing, the burden of proof shall be upon the Town to establish
that the alarm was avoidable by substantial evidence. This burden
shall be met by the submission to the Hearing Officer of the Notice
of Avoidable Alarm and the Fire Dispatch Report for fire alarms or
the police incident report for other alarms if the same indicates,
in the judgment of the Hearing Officer, that:
1.
For Fire Alarms, the reason for the activation of the alarm was a
finding by the responding fire company that burnt food or cooking
activities triggered the alarm in the absence of a fire, or
2.
For all alarms that the alarm was triggered through the mechanical
failure, malfunction, improper installation or the negligence of the
owner of the premises, user, custodian or the negligence or carelessness
of the lessee of the premises where the alarm system is located or
the negligence or carelessness of any employees at the premises requiring
an emergency response when in fact an emergency does not exist. An
avoidable alarm also includes intentional activation of an alarm system
when the activator knows an emergency situation does not exist.
b.
At the hearing conducted pursuant to these provisions, the technical
rules of evidence shall not apply except the rules of evidence regarding
hearsay with respect to the submission of the Fire Dispatch Report
or the Police Incident Report, shall apply.
(9)
Within ten (10) days of the hearing, the designated fire inspector
shall prepare a report of the hearing and transmit the same to the
Commissioner of Building for fire alarms or the designated representative
of the Police Department shall prepare a report of the hearing and
transmit the same to the Chief of Police for all other alarms. The
report shall include findings of fact and recommendations.
(10)
Within ten (10) days of receipt of the report and recommendation,
the Commissioner of Building for fire alarms or the Chief of Police
for all other alarms shall issue a final determination concerning
a classification of the alarm as avoidable or non-avoidable.
F.
Payment of charges. Avoidable alarm charges shall be paid to the
Town Clerk of the Town of Amherst at 5583 Main Street, Williamsville,
New York 14221.
G.
Failure to remit fee. Failure of a real property owner or lessee
of property on which an alarm system is installed to pay the avoidable
alarm charge within thirty (30) days following notice of the amount
due is a violation of this code and is punishable by an additional
fine of One Hundred Dollars ($100.00) per day if the prior fine was
not paid.
A.
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. The Commissioner of Building shall enforce
this chapter for alarm systems which detect smoke, fire or abnormal
rise in temperature. For that purpose, the Commissioner of Building
and the inspectors employed in the Building Department are authorized
to issue and serve appearance tickets.
B.
The Chief of Police shall enforce this chapter for alarm systems
that require a police response.
Any person, business, firm, corporation, partnership, association
or other entity who is found in violation of any other provisions
of this code shall be subject to a civil penalty, not to exceed $1,000
for each offense. A separate offense shall be deemed committed upon
each day during which a violation occurs, continues or is permitted.
If any section, clause or provision of this chapter or the application
thereof to any persons is adjudged invalid, the adjudication shall
not effect other sections, clauses or provisions or the application
thereof which can be sustained or given effect without the invalid
section, clause or provision or application, and to this end the various
sections, clauses or provisions of this chapter are declared to be
severable.
