[HISTORY: Adopted by the Town Board of the Town of Philipstown 6-3-1999
by L.L. No. 4-1999. Amendments noted where applicable.]
This chapter shall be known as the "Alarm Systems Law" of the Town of
Philipstown.
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the Town of Philipstown 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 increase
danger to the public safety and welfare and delay responses to genuine emergencies.
This chapter seeks to ensure that emergency communications facilities will
be available to dispatch emergency service personnel for actual emergencies
and to alleviate the nuisance of audible alarms to the surrounding community.
Another purpose of the chapter is to contact responsible people to notify
them of the activation of the alarm.
For the purpose of this chapter, the following definitions shall apply:
Any fire, intrusion or EMS alarm system or aggregation of such systems
installed on or within a single building or within more than one building
or an area adjacently located on a common site at a specific location.
Any device, group of devices or system which, when activated by a
criminal act, unauthorized intrusion or by smoke, fire or other emergency
requiring police, fire or emergency medical services (EMS) response, transmits
a signal or message by telephone, radio or other means to a central alarm
station, or directly to the police, fire or EMS, and/or produces an audible
or visible signal to which the police, fire companies or EMS are expected
to respond. Excluded from this definition and from the coverage of this chapter
are alarm devices which are not intended to alert persons outside of the premises,
but are only designed to alert or signal persons within the premises in which
the alarm is installed of an attempted unauthorized intrusion, holdup, fire
or other emergency.
Includes each person owning, leasing or otherwise having control
over the premises where an alarm device is used or installed.
A facility to which signals from remote alarm systems are transmitted
for verification, monitoring, recording or evaluation, and from which information
concerning the activation of an alarm system is relayed or reported, when
deemed appropriate, to the police, fire companies, EMS or to a designated
alarm response facility.
Shall have the same definition and meaning as provided in Chapter 62, Building Construction and Fire Prevention.
Any alarm device which is a telephone device or telephone attachment
that automatically or electronically selects a telephone line connected to
a central alarm station and reproduces a prerecorded message to report an
emergency requiring fire or protective services.
Any alarm device connected directly by telephone wires from specific
locations to the police, or a fire company or EMS.
Any alarm device designed to be activated by a criminal act, smoke,
fire or other emergency requiring police, fire or EMS response.
Any agency responding to medical emergencies, including but not limited
to the Philipstown Volunteer Ambulance Corps., Garrison Volunteer Ambulance
Corps., and Advanced Life Support Providers.
Any emergency message or signal which is transmitted, directly or
indirectly, to the police, a fire company or EMS to which the police, fire
company or EMS responds and which signal is not the result of a criminal act,
unauthorized intrusion, smoke, fire or other emergency. An activated alarm
signal which is promptly followed by a call to the police, fire company or
EMS notifying them that the signal is to be disregarded shall not constitute
a false alarm.
Cold Spring Fire Company No. 1, Continental Village Fire Department,
Inc., Garrison Volunteer Fire Co., Inc., and North Highlands Fire District.
The Town of Philipstown.
Putnam County Sheriff and/or New York State Police.
A.Â
Any property owner or lessee of property in the Town
of Philipstown having on his/her or its premises an alarm system shall apply
to the Licensing Authority for a permit to own or otherwise have such system
on his/her or its premises. The application shall contain provisions relating
to the system installed or to be installed on the premises and shall be on
a form which shall be adopted or amended by resolution of the Town Board.
No such system may be installed on the premises of the owner or lessee and
no presently existing alarm system shall be maintained or modified after the
effective date of this chapter without the Licensing Authority's having
issued a permit to such owner or lessee. Such permit shall be valid for three
years from issuance and must be renewed upon expiration. All alarm systems
will be subject to inspection before issuance or renewal of permit.
B.Â
Alarm systems installed or in use on the effective date
of this chapter shall conform to the requirements of this chapter within one
year after the effective date hereof. However, any penalty for failure to
obtain or possess an alarm system permit shall be waived if the applicant
obtains such permit within 10 days of notification of the violation.
C.Â
Failure to obtain and/or maintain an alarm permit as required by this section shall be a violation of this chapter and shall be subject to the penalties set forth in § 52-10.
D.Â
Permit fees shall be established and may be amended by
resolution of the Town Board.[1]
[1]
Editor's Note: Appendix A, Fee Schedule, located at the end of this chapter.
E.Â
Permits shall be required for alarm systems located in
buildings of federal, state or local governmental agencies or authorities
or in public elementary or secondary schools and public libraries, and said
alarm systems shall meet other requirements of this chapter, including liability
for civil penalties for its violations; provided, however, that such alarm
systems shall be exempt from permit fees, no other provisions shall be made
directing the use of such alarm systems, they shall not be required to be
discontinued and their permits shall not be suspended or revoked.
All alarm systems referred to in this chapter shall meet the following
standards:
A.Â
Alarm systems equipped with automatic calling devices
shall be designed, installed or maintained to call only the number or numbers
designated for that purpose and shall be equipped so that a message will be
repeated not more than three times.
B.Â
All alarm systems capable of emitting audible signals
shall be equipped with an operating device which will automatically, by mechanical,
electrical or other means, shut off such audible signal after 15 minutes of
continuous sound audible beyond the boundaries of the premises in which the
alarm system is located.
C.Â
All alarm systems shall be properly maintained at all
times. Buildings that are required by law to have fire alarm systems may not
be occupied by the public if the system is not operational.
Alarm permits shall be kept on the premises where the alarm system is
located, and shall be available for inspection by any Code Official of the
town or the police.
Whenever any change occurs relating to a change in ownership of a premises
which has an alarm permit, or a change in any information to be furnished
in connection with any application to obtain or renew an alarm permit, the
applicant or permittee shall give written notice thereof to the Licensing
Authority within 20 days after such change.
This chapter shall be administered and enforced by any Code Official
of the town.
A.Â
When a Code Official determines that the police, a fire
company or EMS has responded to a false alarm as a result of the activation
or report of activation of an alarm system, the Code Official shall impose
a charge on the alarm user in accordance with the following schedule:
|
False Alarms per 12-Month Period
|
Charge
| |
|
First
|
No charge
| |
|
Second
|
$25
| |
|
Third
|
$50
| |
|
Fourth and subsequent
|
$100
|
B.Â
A Code Official shall notify the alarm user by prompt
written notice of a false alarm charge imposed. Within 30 days after the mailing
of such notice, the alarm user may contest the false alarm charge by filing
with the Code Official information to show that a false alarm did not occur
or that the charge imposed was incorrectly computed and should be modified.
If any defense to a false alarm charge shall be based on a claim that an alarm
system activation was caused by malfunction of telephone equipment under the
control of a telephone company or by a public utility system power failure,
such defense shall be supported by verification from the telephone company
or electric utility company involved or by other probative evidence. The Code
Official shall consider all information submitted, shall afford each person
contesting a charge an opportunity for a hearing if so requested and, after
any such hearing has been held or waived, shall issue a notice of determination
which shall affirm, rescind or modify the false alarm charge, notifying the
alarm user of his decision. Within 20 days after the mailing of such notice,
the alarm user may file an appeal, in writing, but such an appeal may not
be taken if the false alarm charge is not first contested with the Code Official
as herein provided.
C.Â
Any failure of an alarm user to pay a false alarm charge imposed under and in accordance with this section within 30 days after such charge is no longer subject to administrative appeal to or review or decision by appeal shall constitute an offense against and violation of this chapter and shall subject such person to the penalties described in § 52-10 without affecting the obligation of such person to pay the false alarm charge imposed.
D.Â
Upon an owner's receipt of a notice of determination,
the owner shall have the right to appeal the determination of the Code Official.
In order to appeal, the owner shall file with the Code Official a written
notice stating that the owner wishes to appeal, and said notice shall be filed
within 20 days following the mailing of the notice of determination. Pending
the appeal, the payment of civil penalty is automatically stayed.
E.Â
The Alarm Appeals Board appointed by the Town Board shall
conduct a hearing upon 10 days' notice to all parties with respect to
any notice of appeal filed herein. At the hearing, the Code Official will
present such evidence as available to show that the alarm was false. The owner
will be afforded the opportunity to present evidence and call witnesses. The
Code Official must prove his case by a preponderance of the evidence presented.
The Appeals Board shall render a written decision which shall be final and
binding on all parties.
F.Â
The Town Board on an annual basis shall designate an
Alarm Appeals Board, who, upon filing their oath with the Town Clerk, shall
hold and conduct hearings as required. The Board shall be comprised of a member
of the Fire Prevention Bureau and two citizens of the community.
G.Â
All charges imposed under this section shall be paid
to the Town of Philipstown and deposited to the general funds of the town.
H.Â
All charges imposed in respect of a false alarm under
this section which remain unpaid 60 days after the date that such imposition
is no longer subject to administrative appeal or review or decision by appeal
shall become, to the extent permitted by law, a lien upon the property from
which the false alarm originated if such property lies within the Town of
Philipstown and may be collected in such manner and by such lawful means as
may be authorized by law or by rule or regulation duly adopted under this
chapter.
Any person who violates any provision of this chapter shall be subject
to a fine in the amount not to exceed $250 for each offense. Each day that
a violation continues shall constitute a separate offense.
All remedies shall be cumulative, and the use of one or more by the
Town of Philipstown shall not bar the use of any other remedy for the purpose
of enforcing the provisions of this law. The amount of any fee shall be deemed
a debt to the Town of Philipstown. An action may be commenced in the name
of the Town of Philipstown in any court of competent jurisdiction for the
amount of any delinquent permit fee or civil penalty. All permit fees shall
be due upon issuance of the permit.
A.Â
Information contained on applications for permits under
this chapter shall be confidential.
B.Â
Records of avoidable alarms of subscribers shall be deemed
to be confidential.
C.Â
All information on applications pertaining to avoidable
alarms shall not be deemed confidential insofar as it is necessary to conduct
any litigation under this chapter or to be provided to appropriate officials
for fire protection purposes.
D.Â
The Code Officials shall retain all records regarding
applications, avoidable alarms, reports, investigations and all other data
necessary for compliance with this chapter.
This chapter shall become effective upon filing with the Secretary of
State.
