[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Editor Note: This local law also repealed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:
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.
One hundred eighty days measured from the date of the first
false alarm.
