NYCL AGO 96-22.

• Case Date: June 27, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-22. June 27, 1996Informal Opinion No. 96-22David J. Gilmartin, Esq. Deputy Town Attorney Town of Southamptom Town Hall 116 Hampton Road Southampton, NY 11968GENERAL BUSINESS LAW, ART 6-D, §§ 69-m, 69-o - 69-x, 69-z(2); MUNICIPAL HOME RULE LAW § 10(1)(ii); SOUTHAMPTON TOWN CODE CH 85.A town law imposing charges on property owners for false emergency alarms is neither inconsistent with nor preempted by State law.Dear Mr. Gilmartin: You have asked whether the town is authorized to impose charges on property owners for a police or fire department response to a false alarm. You have noted that Article 6-D of the General Business Law regulates the business of installing security and fire alarm systems. You conclude that the sections of Chapter 85 of the Town Code that deal with the licensing of individuals or companies that install, monitor, lease, operate, maintain, own, or sell alarm systems have been expressly preempted by the State law. Your concern is limited to those portions of the Town Code which impose charges on individual property owners for false alarms. Specifically, your inquiry is whether section 69-z(2) of Article 6-D of the General Business Law, the legislative statement of preemption, renders those portions of the Town Code invalid. The parts of the Southampton Town Code in issue regulate alarm systems that are connected to the police and fire departments. Your letter states that the Code authorizes the town to charge the party responsible for the false alarms. The owner or lessee of property must pay a charge to the town for each false emergency alarm to which the police or fire department responds. You have indicated that the Code defines a false emergency alarm as any signal actuated by an emergency alarm which is not the result of a fire, holdup, robbery, or other crime or emergency, to which the police or fire department responds. The schedule of charges is outlined in the Code for each false alarm in any twelve month period. Local governments, including towns, are authorized to adopt and amend local laws in relation to the government, protection, order, conduct, safety, health and well-being of persons or property therein. Municipal Home Rule Law § 10(1)(ii)(a)(12). This is the grant of local police power. This grant of authority, however, is limited...