HomeMy WebLinkAboutFalse Alarms 1997LOCAL LAW NO.
-1997
A Local Law in Relation to False Alarms
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Section 24 (Alarm Systems) of the Southold Town Code is amended as
follows:
§ 24-1. Purpose.
The purpose of this chapter is to establish standards and controls of the various
types of fire, intrusion, holdup and other emergency signals from fire and police
alarm services that require Fire Department or police responses, investigation or
safeguarding of properly at the location of an event reported by a signal which is
transmitted by telephone or radio to the Police or Fire Department from a central
station as hereinafter defined.
§ 2.4-2. Definitions.
For the purpose of this chapter, the following definitions shall apply:
ALARM INSTALLATION --Any fire or police alarm device or aggregation of fire
or police alarm devices installed on or within a single building or on or within
more than one (1) building or area adjacently located on a common site at a
specific location.
*CHIEF OF POLICE--Shall mean the appointed chief of the Southold Police
Department or his/her designee.
CENTRAL ALARM STATION -- Any facility operated by a private firm that owns
or leases a system of fire or police 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.
*DIAL ALARM -- Any fire or police alarm device which is a telephone device or
telephone attachment that automatically or electronically selects a telephone line
connected to a central alarm station or police headquarters and reproduces a
prerecorded message to report a criminal act or o[her emergency requiring the
Police or Fire Department.
*DIRECT ALARM -- Any fire or police alarm device connected directly by leased
telephone wires from the specified location to police headquarters or the Fire
Department.
EMERGENCY ALARM -- Any fire or police alarm device designed to be
activated by a fire, criminal act or other emergency at a specific location or by a
victim of a holdup, robbery or other emergency or criminal act at a specific
location.
FALSE EMERGENCY ALARM Any signal activated bya~-emerge~m to
which tho Firo or Police Dopartment rosponds which is ~ot the result of a fire,
holdup, robbery or other crime or emorgency.
FALSE ALARMS -- The activation of an alarm system throuqh mechanical
failure, malfunction, improper installation or the neqligence of the owner or
ieasee of an alarm system or his employees or agents. In addition, the use of an
alarm to summon Police or Fire Department personnel for reasons other than
those listed.on alarm system permits will also be considered a "false alarm."
"False alarms" shall not include alarms caused by electrical interruptions, floods
or other natural disasters.
FALSE ALARM -- The activation of any alarm system to which the Police and/or
Fire Department responds which is not caused by:
A. Fire, a criminal act or other emergency.
B. An act of nature, such as an earthquake, tornado or hu~rricane.
C. Circumstances occurring off the protected property and within the control of
either the subscriber, his alarm business or his answering service.
D. A person motivated solely by criminal, malicious or mischievous intent.
FALSE ALARM -- An alarm signal necessitatinq response by the Police
Department where an emergency situation does not exist. Such term shall
include alarms as follows:
A. Error or mistake. Any action by any person, firm or corporation or other entity
owning or operating any dwelling, building or place, or any action by any agent
or employee of said person, firm or corporation or other entity which results in
the activation of an alarm system when no emergency exists.
B. Malfunction. Any unintentional activation of any alarm system caused by a
flaw irf the ~tbsiqn, installation or maintenance of the system. This shall not
include any activation caused by violent condition of nature or other
extraordinary circumstances, not reasonably subiect to control of the alarm user.
C. Intentional misuse. Any intentional activation of an alarm system when no
burqlarv, holdup or other emerqency is in proqress.
FIRE DEPARTMENTS - Buildings owned by the fire districts of Orient, East
Marion,'Southold, Cutchogue, Mattituck and their respective protection areas.
FIRE OR POLICE ALARM DEVICE -- Any device which, when activated by a
fire, criminal act or other emergency requiring Police or Fire Department
response, transmits a prerecorded message or other signal by telephone, radio
or other means to a central alarm station or directly to the Police or Fire
Deibartment or produces an audible or visible signal designed to notify persons
Within audible or visible alarm range of the signal.
INTRUSION - Any entry into an area or building equipped with one (1) or more
fire and police alarm devices by any person or object whose entry actuates a fire
or police alarm device.
LICENSING AUTHORITY -- The Town Board of the Town of Southold or its
designal~ed agent.
POLICE HEADQUARTERS -- Police headquarters and other enclosures housing
privately or publicly owned equipment serving the police.
TOWN OF SOUTHOLD -- All of the Town of Southold, excluding Fishers Island.
§ 24-3. Permit required.
Any property owner or lessee of property in the Town of Southold having on his
or its premises a fire or police alarm device or system of fire or police alarm
devices shall apply to the licensing authority for a permit to own or otherwise
have such device on his or its premises. The application shall contain provisions
relating to the device or system of devices installed or to be installed on the
premises. No such device may be installed on the premises of the owner or
lessee and no presently existing fire or police alarm device complying wi!h the
provisions of this chapter shall be modified after the effective date of this chapter
prior to the licensing authority's having issued a permit to such owner or lessee.
Such permit shall be valid for a period of one (1) year from issuance and must
be renewed upon expiration.
LAURY L. DOWD
TOW-N ATTORNEY
JE_~ W. COCYIRAN
Super,-isor
Town Hall, 53095 Main Road
P.O. ]3ox 1179
SouthoM, New York 11971
Telephone (516) 765-1859
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
TO: Town Board
FROM: Laury L. Dowd, Town Attorney
DATE: May 1, 1997
RE: False Alarm Violations
There are several problems with the current system for assessing and collecting
false alarm fees. If they are not corrected, the Town may not be able to
successfully collect the fine through the legal process. The problem is:
Due process requires a hearing prior to assessment of the fees. There
is an informal process whereby the Police Chief reviews the alarm if a
citizen protests, but there is no notification to the citizen of the
availability of the process.
The crime is failure to pay the assessment. In a recent case, Judge
Bruer held that failure to pay an administrative penalty is not properly
chargeable as a crime.
I suggest that the Town rewrite the false alarm ordinance as attached. This
procedure continues the permit requirement. It provides a new and clearer
definition of a "false alarm" (I have given you several alternative definitions, all of
which I believe are clearer than the current definition). The violations of the
Town Code are (1) having an alarm without a permit or (2) willfully setting off a
false alarm. The false alarm itself will generate an administrative penalty after
the second false alarm. The alarm holder is sent a copy of the notice of each
false alarm and is notified of an opportunity to explain or contest it. Failure to
pay the false alarm fee is grounds for revoking the permit. After revocation, the
Town Board
April 29, 1997
Page 2
person can be prosecuted for having an alarm without a permit. I made no
changes in the current fine structure, although you may consider changing it to
provide a lesser amount for the third, with increasing amounts for increasing
violations. It is possible to make the fine a lien on proper~y taxes, although I did
not insed that clause since payment might be long delayed.
Please review the attached draft and see if you favor these changes. While it
may generate additional paperwork, it may better serve the goal of advising
people of their false alarms so that they will take steps to prevent them.
cc: Judith T. Terry, Town Clerk
Joseph A. Conway, Chief of Police