[HISTORY: Adopted by the Town Board of the Town of Union Vale 9-10-1992
by L.L. No. 7-1992 (Ch. 27 of the 1983 Code). Amendments noted where applicable.]
A.Â
It is the purpose of this chapter to reduce the number
of avoidable alarms to emergency agencies in the Town of Union Vale. Avoidable
alarms contribute to ineffective utilization of public safety manpower and
equipment. In addition, avoidable alarms require emergency responses which
may contribute to a high accident rate and delayed responses to genuine emergencies.
This chapter seeks to ensure that police and fire communications and ambulance
facilities will be available to dispatch police, fire and ambulance personnel
for actual emergencies and to alleviate the nuisance of audible alarms in
the Town.
B.Â
This chapter shall apply to all alarm systems which are
connected to or otherwise alert emergency agencies and to private answering
points which report alarms to emergency agencies. This chapter shall only
apply to avoidable alarms. Avoidable alarms shall not include alarms activated
by violent conditions of nature or any other similar cause beyond the control
of the user of the alarm system. Defective installation, defective equipment
or failure to repair an alarm system shall not constitute a cause beyond the
control of the user of the alarm system, and the user thereof shall remain
liable for any violation of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
A device or an assembly of equipment which emits an audible response,
which is intended to alert persons outside a premises to the existence of
a hazard or emergency or which is intended to alert emergency agencies by
automatically dialing an emergency agency or which is connected to a private
answering point for the purpose of reporting such alarms to emergency agencies
or which is directly connected to the County Fire Control Center or other
emergency agency.
Any person who owns, leases or uses an alarm system within the Town
of Union Vale, except for a person whose alarm system is on a motor vehicle
or is a proprietary system. If, however, an alarm system on a motor vehicle
is connected with an alarm system at a premises (other than a proprietary
system) in the Town of Union Vale, the person using such system is an alarm
user.
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 his/her employees or agents or through any other cause
which, through direct connection to an emergency agency or through notification
of an emergency agency by a private answering point or automatic dialing device
or through notification to an emergency agency by any second party or means,
indicates that an emergency situation exists requiring response within the
Town when, in fact, an emergency situation does not exist. An "avoidable alarm"
also includes the knowing or intentional activation of an alarm to an emergency
agency when the activator knows that an emergency situation does not exist.
"Avoidable alarm" does not include alarms activated by violent conditions
of nature, such as hurricanes, tornadoes, earthquakes or any other similar
cause beyond the control of the user of the alarm system. Activation of an
alarm system under any circumstances which the activator reasonably believes
that an emergency situation exists is not an "avoidable alarm." Notwithstanding
any language to the contrary, the defective installation of an alarm system,
the failure to repair or cause to be repaired an alarm system or the use of
defective equipment in connection with an alarm system shall not constitute
an extraordinary circumstance beyond the reasonable control of the alarm user.
Any Police Department, Fire Department or other law enforcement agency
or ambulance company, private or public, or other agency summoned to respond
to an emergency situation and any public safety answering point serving the
Town of Union Vale.
Any person, firm, partnership, corporation, association, company
or organization of any kind.
A business which offers the service of receiving emergency signals,
monitoring said signals and relaying them to an emergency agency.
The Town of Union Vale.
A.Â
B.Â
Penalty for continual avoidable alarm. If, within a seventy-two-hour
period, three avoidable alarms are received by an emergency agency or private
answering point which report alarms to emergency agencies from an alarm user,
the alarm user will be required to show written proof to the Fire Inspector
and/or Fire Chief that repairs have been made to the alarm system by a recognized
alarm installation company. Failure to produce this proof within 72 hours
of the third avoidable alarm will result in a fine not to exceed $250.
The Fire Inspector and/or Fire Chief of the Town of Union Vale is authorized
to develop procedures for the purpose of implementing the purpose and intent
of this chapter.
Any emergency agency desiring the Town Fire Inspector to initiate enforcement
of this chapter against an alarm user who has generated avoidable alarms shall
comply with the following requirements:
A.Â
The emergency agency shall send to the Fire Inspector of the Town of Union Vale an alarm incident report containing the information required by § 88-6 below.
B.Â
A copy of the avoidable alarm incident report shall be
mailed by the emergency agency, via first-class mail, to the alarm user.
C.Â
An alarm user receiving a notice of an avoidable alarm
may challenge such classification by notifying the Town Fire Inspector, in
writing, specifying in detail the reasons why the alleged avoidable alarm
should not be so classified. The challenging notice must be received by the
Town Fire Inspector within 20 days after notification to the alarm user. A
hearing may be requested by the alarm user with the Town Fire Inspector. The
failure to give timely notice shall be deemed a waiver of the right to challenge
the classification.
D.Â
Within a reasonable time, but not more than 60 days after
receipt of a notice from an alarm user challenging the classification of an
alarm as an avoidable alarm, the Town Fire Inspector shall hold a hearing,
if so requested by the alarm user, and, in any event, make a final determination,
which shall be reviewable only pursuant to Article 78 of the Civil Practice
Law and Rules.
Whenever an emergency agency files an avoidable alarm report, such report
shall contain the following information:
A.Â
All local alarm systems shall become deactivated and
silenced automatically after a period of time not to exceed 15 minutes.
B.Â
Police and/or fire officials may disable an audible alarm
signal that has not been silenced prior to the expiration of the fifteen-minute
period and shall not be liable for any damage that may result therefrom.
Alarm systems which are interconnected or otherwise transmit signals
directly to any fire control center shall be subject to the laws, rules, regulations
and penalties adopted by the County of Dutchess and Town of Union Vale relating
to such systems.
