[HISTORY: Adopted by the Town Board of the Town of Pittsford 12-7-2006
by L.L. No. 6-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and maintenance — See Ch. 64.
It is the purpose of this article to protect and promote the health,
safety and general welfare of the residents of the Town of Pittsford. Alarm
systems which emit sound on the premises and which cannot be shut off within
a reasonable period of time constitute a public nuisance detrimental to the
health, safety and general welfare of the residents of the Town. This article
authorizes police officers and the Fire Marshal to disable such devices after
they have been activated for a reasonable period of time and do not become
automatically deactivated.
As used in this article, the following terms shall have the meanings
indicated:
Any mechanical or electrical device, designed or used to warn of
break-ins on the premises or of any other untoward event therein, which when
activated emits a sound which can be heard on or off the premises.
A.
Every alarm shall be designed so as to terminate its
sound emission within 15 minutes of its initiation.
B.
Police officers and the Fire Marshal are hereby authorized
and directed to disable any alarm system that has not been silenced within
the aforesaid fifteen-minute period.
C.
The police officers and their employees, the Fire Marshal
and the Town shall not be liable for any damages that may accrue by reason
of the disablement of such alarm systems as herein provided.
It is the purpose of this article to protect and promote the health,
safety and general welfare of the residents of the Town of Pittsford by reducing
the number of 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 article seeks
to ensure that fire communications facilities will be available to dispatch
fire personnel for actual emergencies.
For the purpose of this article, certain words and phrases shall be
construed herein as set forth in this section.
The activation of an alarm system through mechanical failure, malfunctions,
improper installation or the negligence of the owner, user, custodian or lessee
of an alarm system, or his employees or agents, or through any other cause
which, through direct connection to an emergency agency, or which, through
notification of an emergency agency by a private answering point or automatic
dialing device, or which, through notification to an emergency agency by any
other second party or means, indicates that an emergency situation exists
requiring an emergency response within the Town of Pittsford when, in fact,
an emergency situation does not exist. "Avoidable alarm" does not include
alarms activated by violent conditions of nature, such as hurricanes, thunderstorms,
earthquakes or any other similar cause beyond the control of the user of an
alarm system. Activation of an alarm system under any circumstances in which
the activator reasonably believes that an emergency situation exists is not
an avoidable alarm.
Any mechanical or electrical device which is designed or used for
the detection of fire and which emits a sound or transmits a signal or message
when activated. Fire alarm systems include but are not limited to direct dial
telephone devices, audible alarms and proprietor alarms. 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 which might be
damaged or disrupted by the use of an alarm system.
The Fire Marshal or any Code Enforcement Officer of the Town.
A system which produces a signal only at the premises protected.
Written notice, given by personal service upon the addressee or given
by United States Mail, 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.
Any person who owns, leases, contracts for or otherwise obtains a
fire alarm system.
A.
A permit shall be obtained for the new installation or
operation of any fire alarm system other than a local alarm system. Application
for such permit shall include the location of the enunciator panel(s), the
area of coverage of any or all zones and the exact wording of any message
that will be transmitted to the Fire Department or Central Station. A copy
of the application and related information will be submitted to the appropriate
Fire Department.
B.
A permit is required for all existing fire alarm systems
other than local alarm systems. The owner of premises having fire alarms other
than local alarm systems on the effective date of this article shall apply
for a permit by December 31, 1997. The permit application fee will be waived
until December 31, 1997.
C.
Said permit shall expire after two years from the date
of issuance and must be renewed. If the information contained in an existing
permit changes, the owner has 30 days to correct or change this data by refiling
the permit, without additional permit fee for such updating.
D.
Fees shall be determined by the Town Board.
A.
All fire alarm systems must be properly maintained at
all times. Operational instructions shall be kept accessible on the premises
at all times. Places of public assembly that are required by law to have a
fire alarm system may not be occupied by the public if the system is not operational.
A.
The Fire Marshal shall obtain on a weekly basis from
the fire districts the avoidable alarms received by the Fire Districts.
B.
The Fire Marshal shall notify the owner in writing of violation of this article when the first avoidable alarm occurs; subsequent avoidable alarms will result in notification and fines as provided in § 52-9.
C.
The Fire Marshal shall maintain a file of all such written
notices to owners concerning the first avoidable alarm.
D.
The Fire Marshal shall void the first avoidable alarm
report if the owner submits written evidence within 10 days after notification
of the first avoidable alarm that the cause of the alarm has been corrected
and there has been no avoidable alarm within the previous six months. Written
evidence of correction of the cause of the avoidable alarm shall consist of
a certificate issued by an organization licensed in New York State to install
fire alarm systems.
A.
A violation of this chapter or any portion thereof is
hereby declared to be an offense punishable by a fine.
|
Number of Avoidable Alarms per Twelve-Month Period
|
Fine
| |
|---|---|---|
|
First avoidable alarm (if not voided)
|
$50
| |
|
Second avoidable alarm
|
$100
| |
|
Third avoidable alarm
|
$200
| |
|
For each additional avoidable alarm, add
|
$100
|
B.
All fines will be payable to the Town of Pittsford.
A.
The provisions of this article are not applicable to
audible alarms affixed to automobiles.
B.
Permits shall be required for alarm systems located in
buildings of federal, state or local government agencies or authorities or
in public elementary or secondary schools, and said alarm systems shall meet
the other requirements of this article, including liability for civil penalties
for its violation; provided, however, that such alarm systems shall be exempt
from permit fees and no order shall be made directing the use of such alarm
systems be discontinued or permits suspended or revoked.
