[HISTORY: Adopted by the Town Board of the
Town of Southampton 2-11-1986 by L.L. No. 2-1986; amended in its entirety
10-26-2010 by L.L. No. 34-2010. Subsequent amendments noted where
applicable.]
A.
The purpose of this chapter is to establish standards and controls
for the various types of alarm systems, including a fine schedule
for false alarms transmitted and resulting in unnecessary response
of emergency responders. These alarm systems include fire and smoke
detection systems, water flow alarms, carbon monoxide, gas alerts,
and security and other types of police alarm devices which require
an emergency response by a volunteer fire department or police department,
excluding incorporated villages within the Town.
For the purpose of this chapter, the following definitions shall
apply:
Any facility operated by a private firm that owns or leases
a system of alarm devices, which facility is manned by operators who
receive, record or validate alarm signals and relay information about
such validated signals to the Police or Fire Department when appropriate.
Any fire and smoke detection system, water flow alarm, carbon
monoxide or gas alert, and security and other types of police alarms
designed to be actuated by a fire, criminal act or other emergency
at a specific location either as an automatic response or as an actuation
from an occupant.
Any signal actuated by an emergency alarm to which the Police
or Fire Department responds which is not the result of a fire or police
emergency.
A.
It shall be a violation of this chapter to intentionally cause a
false alarm, and any person who does intentionally cause a false alarm
shall be subject to the penalty provisions hereof.
B.
Any person, corporation, or other entity that performs work in a
building protected by an alarm system that causes the alarm to falsely
actuate shall be deemed responsible for that actuation.
(1)
Failing to provide protective covering according to the manufacturer's
specifications for a smoke detection system which causes an activation
due to sanding or due to dust buildup shall be deemed an intentional
false alarm.
C.
Any person, corporation, or other entity that maintains an alarm
or alarm system without providing appropriate maintenance to ensure
proper operation of that alarm/alarm system shall be deemed responsible
for a false alarm.
Any owner, lessee, or person having control of property having
a fire or police alarm device or system shall pay to the Town a charge
for each and every false alarm to which the Police Department or Fire
Department responds, as follows:
A.
First
false police alarm occurring within the preceding sixty-month period:
no charge.
[Amended 9-26-2017 by L.L. No. 24-2017]
B.
For
each subsequent false police alarm occurring within the preceding
sixty-month period, the following schedule of fees shall apply:
[Amended 9-26-2017 by L.L. No. 24-2017]
(1)
Second false alarm occurring within the preceding sixty-month period:
$100.
(2)
Third false alarm occurring within the preceding sixty-month period:
$200.
(3)
Fourth false alarm occurring within the preceding sixty-month period:
$250.
(4)
Fifth false alarm occurring within the preceding sixty-month period:
$300.
(5)
Sixth and each subsequent false alarm occurring within the preceding
sixty-month period: $400.
C.
First
false fire alarm occurring within the preceding sixty-month period:
no charge.
[Amended 9-26-2017 by L.L. No. 24-2017]
D.
For each subsequent false fire alarm occurring within the preceding
sixty-month period, the following schedule of fees shall apply:
[Amended 9-26-2017 by L.L. No. 24-2017]
(1)
Second false fire alarm occurring within the preceding sixty-month
period: $400.
(2)
Third false fire alarm occurring within the preceding sixty-month
period: $500.
(3)
Fourth false fire alarm occurring within the preceding sixty-month
period: $750.
(4)
Fifth and each subsequent false fire alarm occurring within the preceding
sixty-month period: $1,000.
E.
Each fee collected for false fire alarms pursuant to this chapter
shall be applied as follows:
F.
Each fire district or Village Fire Department shall submit to the
Town a copy of the fire report for each false alarm for which the
Fire Department response was necessary to aid the Town in reconciliation
of the false alarm charges.
G.
An invoice for the fee associated with each false alarm, as described
above, shall be generated by the Town. 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.
[Amended 2-3-2015 by L.L. No. 5-2015]
H.
Any owner or lessee who has a false alarm occur on his or her property
may request the Office of the Town Comptroller 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 Comptroller, setting
forth the basis for such request. The Town Comptroller 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
Comptroller 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 Comptroller on a request
to reconsider to the Public Safety Commission by filing a written
request with the Town Comptroller and paying the applicable appeal
fee, as established by resolution of the Town Board, which may be
refunded at the discretion of the Public Safety Commission. A hearing
shall be held by the Public Safety Commission within a reasonable
time after the Town Comptroller's receipt of the written appeal.
The decision of the Public Safety Commission shall be final. The Public
Safety Commission shall have sole authority to expunge all or a portion
of a property owner's false alarm history.
[Amended 2-3-2015 by L.L. No. 5-2015]
The owner or lessee shall be responsible for the maintenance
and service of his or her fire or police alarm device equipment and
shall be responsible for all malfunctions of his or her equipment.
None of the provisions of this chapter shall apply to a fire
or police alarm device or devices installed in a motor vehicle.
Any person, firm or corporation who violates any provision of
this chapter shall be subject to a fine not in excess of $1,000 or
imprisonment for a term not exceeding 15 days, or both. A separate
offense shall be deemed committed upon each day during which a violation
occurs or is committed.
