Town of Chester, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Chester 4-7-1998 by L.L. No. 2-1998.[1] Amendments noted where applicable.]
[1]
Editor Note: This local law also repealed former Ch. 34, Alarm Devices and Systems, adopted 11-14-1995 by L.L. No. 4-1995.
A. 
The Chester Fire Department, Police Departments and ambulance corps located within the Town of Chester shall report each and every false alarm submitted to them to the Town Clerk, who shall maintain a register of such false alarms in such manner as said Town Clerk shall deem to be appropriate.
It shall be a violation of this chapter to report or otherwise permit or cause the report of a false alarm within the Town.
[Amended 2-14-2018 by L.L. No. 1-2018]
A. 
The second false alarm reported during any period shall be considered to be a violation which shall be punishable by a fine of $100.
B. 
For the third and each subsequent violation during any period, an adjudged violator may be subjected to a fine of $200 for a third false alarm, $250 for a fourth false alarm, up to a maximum of $400 or a term of imprisonment not to exceed 10 days.
C. 
The fine schedule contained in this chapter is subject to review and amendment and the same shall be set by resolution of the Town Board at its annual reorganizational meeting.
[Amended 2-14-2018 by L.L. No. 1-2018]
A. 
An invoice for the fee associated with each false alarm, as described above, shall be generated by the Town Clerk. For each fee that goes unpaid after 45 days of the invoice date, a late fee, as established by resolution of the Town Board, shall be added to the original fee. Any invoice with an associated late charge that has been unpaid for at least 60 days on November 1 of that year shall be automatically included as a lien on the tax bill of the property on which the false alarm occurred. There shall be an administrative surcharge of $50 added to the invoice should such lien be required.
B. 
Any owner or lessee who has a false alarm occur on his or her property may request the Town Clerk to reconsider the invoice or a portion thereof within 30 days of the invoice date, as described above, by filing a written request with the Town Clerk, setting forth the basis for such request. The Town Clerk shall have 30 days from the receipt of such request to render a decision with respect to the request for reconsideration. Said decision may include a reduction in fine amount or a dismissal of the charges, provided such relief does not conflict with the terms of this chapter. If the Town Clerk fails to respond within the thirty-day period, it shall be deemed a denial of the request to reconsider. The property owner may appeal any denial and/or decision of the Town Clerk on a request to reconsider to the Town Board by filing a written request with the Town Clerk and paying the applicable appeal fee, as established by resolution of the Town Board, which may be refunded at the discretion of the Town Board. A hearing shall be held by the Town Board within a reasonable time after the Town Clerk's receipt of the written appeal. The decision of the Town Board shall be final. The Town Board shall have sole authority to expunge all or a portion of a property owner's false alarm history.
The Town Board may, in addition to the remedies provided in this chapter, seek injunctive relief to abate repeated false alarms through an action commenced in the Supreme Court or such other court of suitable jurisdiction having the power to issue an injunction to abate such nuisance. The remedies available to the Town shall be cumulative.
As used in this chapter, the following terms shall have the meanings indicated:
FALSE ALARM
Any report, whether automated or not, which results in the response of one or more of the emergency or police services of the Town, or such other service provider as may be providing service within the Town, when conditions would not warrant a reasonably prudent person to engage such service(s) or assistance.
PERIOD
One hundred eighty days measured from the date of the first false alarm.