[HISTORY: Adopted by the Board of Trustees of the Village of Hamilton 1-24-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 58.
Fire prevention and building construction — See Ch. 73.
Peace and good order — See Ch. 109.
It is the purpose of this chapter to protect and promote the health, safety and general welfare of the residents of the Village of Hamilton by reducing the number of fire and emergency responses to false and avoidable alarms to emergency agencies. 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 fire communications facilities will be available to dispatch fire personnel for actual emergencies and to alleviate the nuisance of audible alarms to the surrounding property owners in the community. This chapter will also provide a means to contact the responsible persons to notify them of alarm activations. This chapter shall apply to all properties within the Village of Hamilton.
For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.
ALARM SYSTEM
Any mechanical or electrical device which is designed or used for the detection of fire or smoke and which emits a sound or transmits a signal or message when activated. Alarm systems, also sometimes referred to in this chapter as "fire and smoke detection systems," include but are not limited to direct-dial telephone devices, audible alarms and proprietor-activated systems. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company or a cable television company to protect its systems that might be damaged or disrupted by the use of an alarm system.
AUDIBLE ALARM
A device that generates a sound which is audible off the subject premises when actuated.
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure, malfunction, improper installation, negligence or any other cause resulting in notification to an emergency agency that an emergency situation exists requiring an emergency response within the Village of Hamilton when, in fact, an emergency situation does not exist. An avoidable alarm includes notification to an emergency agency when the activator knows that an emergency does not exist, as well as a false alarm as defined in this chapter. Avoidable alarm does not include alarms activated by violent conditions of nature, such as earthquakes, hurricanes, tornadoes or any other similar cause beyond the control of the subscriber or user of an alarm system. Activation of an alarm system under any circumstance in which the activator reasonably believes that an emergency situation exists is not an avoidable alarm.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village of Hamilton.
DAY
A calendar day.
FALSE ALARM
Any signal or other communication transmitted to the county emergency 911 center that results in a Fire Department response to a property, building or structure where there exists no fire, medical or other emergency requiring Fire Department attention. A signal transmitted to the county 911 center that is promptly followed by a phone call to the 911 center to cancel a Fire Department response will not constitute a false alarm, providing that the Fire Department has not already left the fire station to respond to the call.
NOTICE
Written notice, given by personal service upon the addressee or given by United States Postal Service certified mail, return receipt requested, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service or upon the placing of the same in the custody of the United States Postal Service.
PERSON
A person, firm, partnership, association, corporation or entity.
RESPONSIBLE PERSON
Each subscriber and each owner, lessee, occupant, operator and/or manager of premises upon which an alarm system has been installed.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise utilizes a fire and smoke detection system.
The New York State Building Code, the New York State Fire Code and the National Fire Prevention Association prescribe minimum standards for the maintenance and installation of all fire and smoke detection systems, including alarms generated from fire suppression systems. All such standards shall be adhered to within the Village of Hamilton.
A. 
Every subscriber maintaining an alarm system that generates an audible alarm shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is actuated. Such notices shall be posted near the alarm panel or within the Knox-Box® in such a position as to be legible from eye level. In lieu thereof, such person may maintain such information with the Code Enforcement Officer and the Village of Hamilton Police Department.
B. 
Fire Department and police officers may disable or silence an activated alarm. and in such event such officer shall not be liable for any damage that may result.
Every responsible person shall provide police and Fire Department officials with a twenty-four-hour telephone number at which the alarm system installer or a qualified business engaged in maintenance and servicing of alarm systems within the Village of Hamilton may be contacted at all times able to respond to the location of the alarm installation.
A. 
No responsible person shall maintain or operate, nor allow to be operated or maintained, an alarm system that actuates an avoidable alarm more than two times within any given calendar year from any structure or, in the case of multiple tenants, from separate occupancies containing separate alarm systems within a single structure.
B. 
No responsible person shall fail to keep his/her or its alarm system in proper operating condition.
C. 
No responsible person shall fail to notify the Village of Hamilton Police and Fire Departments, the Madison County Emergency 911 Center, and any party who would receive direct communication of an alarm prior to any service, test, repair maintenance, adjustment, alteration or installation that might actuate an avoidable alarm. For purposes of this chapter, any alarm actuated where such prior notice has been given shall not constitute an avoidable alarm.
D. 
No person shall intentionally cause a false alarm.
A. 
After responding to an alarm within the Village of Hamilton that is determined to be an avoidable alarm, the responding Fire Department or police officer shall file an avoidable alarm report with the Village of Hamilton Code Enforcement Officer.
B. 
The Village of Hamilton Code Enforcement Officer shall maintain a log of all filed avoidable alarm reports, which shall be indexed by date and property address.
C. 
The Code Enforcement Officer shall give notice of each alleged violation of this chapter to at least one responsible person for the premises upon which the avoidable alarm occurred. Such notice shall include a statement that any appeal of the violation must be filed with the Code Enforcement Officer within 10 days of the date of mailing or personal service of the violation notice.
Persons guilty of conduct prohibited under the provisions of this chapter are subject to penalties as follows:
A. 
An offense under the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each twenty-four-hour period of continued violation shall constitute a separate additional violation.
B. 
In lieu of prosecution under the Penal Law, violations of § 69-6A of this chapter are subject to a civil penalty by the Village of Hamilton to be assessed by the Code Enforcement Officer in accordance with the following schedule:
(1) 
A fine of $50 for the third avoidable alarm within a twelve-month period.
(2) 
A fine of $100 for the fourth avoidable alarm within a twelve-month period.
(3) 
A fine of $200 for each avoidable alarm after the fourth avoidable alarm within a twelve-month period.
C. 
All civil penalties imposed under this section shall be paid within 30 days of service of the fine notice by the Code Enforcement Officer. Any party wishing to challenge the imposition of a civil penalty under this section may do so under the provisions of Article 78 of the Civil Practice Law and Rules.
A. 
The responsible person who is notified of an avoidable alarm on his/her property may appeal the decision of the Code Enforcement Officer by submitting a written notice within 10 days of the date of service of the violation notice, with specific details on the alarm in question. Upon the timely receipt of any such appeal, the Code Enforcement Officer will schedule and hold a hearing to determine if the appeal is meritorious, giving all parties an opportunity to be heard. Within five days of the completion of the hearing, the Code Enforcement Officer shall make a final determination and advise the parties in writing.
B. 
Such final determination of the Code Enforcement Officer may be appealed pursuant to Article 78 of the Civil Practice Law and Rules.
The Code Enforcement Officer shall retain all records regarding avoidable alarm reports, investigations and other data necessary for compliance with this chapter. All such records shall be available for public inspection in accordance with the Freedom of Information Law.
Notwithstanding the provisions of this chapter, or any portion thereof, the Village of Hamilton, its officers, employees, departments, boards, agents and representatives shall have no obligation concerning the adequacy, operability, suitability or condition of any alarm system or component thereof or concerning any alarm system monitoring equipment or facilities located at the offices of the Village of Hamilton Police and/or Fire Departments. No liability is assumed by the Village of Hamilton, its officers, employees, departments, boards, agents or representatives for the failure of any alarm system, for the failure of any alarm system monitoring equipment or facilities, for the failure to respond to an alarm, or for any other act or omission related to any alarm system. Each responsible person, as defined in this chapter, shall be deemed to hold and save harmless the Village of Hamilton, its officers, employees, departments, boards, agents and representatives from and against all claims, loss and liability in connection the alarm system associated with any such responsible person.