[HISTORY: Adopted by the Town Board of the Town of Lewisboro 7-8-1997 by L.L. No.
6-1997. Amendments noted where applicable.]
It is the purpose and intent of this chapter to protect and
promote the health, safety and general welfare of the residents of
the Town of Lewisboro by reducing the number of avoidable alarms to
the fire departments. 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 improve the effectiveness of the utilization of equipment and personnel
for genuine emergencies by reducing the number of avoidable alarms.
As used in this chapter, the following terms shall have the
meanings indicated:
A telephone device or attachment that mechanically or electronically
selects a telephone line to E911 or to a fire department and reproduces
a prerecorded or synthesized voice message to report a fire calling
for fire department response.
The activation of a fire alarm system through mechanical
failure, malfunction, improper installation or the negligence of the
owner, user, custodian or lessee of a fire alarm system or his/her
employees or agents, or through any other cause which, through connection
to E911 or a fire department or through notification of E911 or a
fire department by a private answering point or automatic dialing
device or through notification to E911 or a fire department by any
second party or means, indicates that a fire emergency situation exists
requiring response within the Town when, in fact, a fire emergency
situation does not exist. "Avoidable alarm" also includes the knowing
or intentional activation of an alarm to E911 or a fire department
when the activator knows that an emergency situation does not exist.
"Avoidable alarm" does not include fire alarms activated by violent
conditions of nature, such as hurricanes, tornadoes, earthquakes or
any other similar cause beyond the control of the user of the fire
alarm system. Notwithstanding any language to the contrary, the defective
installation of a fire alarm system, the failure to maintain or repair
or failure to cause maintenance or repair of a fire alarm system,
or the use of defective equipment in connection with a fire alarm
system shall not constitute an extraordinary circumstance beyond the
reasonable control of the fire alarm user.
A device or an assembly of equipment which emits an audible
response which is intended to alert persons outside a premises to
the existence of a fire inside the premises or which is intended to
alert fire departments by automatically dialing or which is connected
to a private answering point for the purpose of reporting such alarms
to E911 or to a fire department.
Any person, corporation or entity who or which owns, leases
or uses a fire alarm system within the Town of Lewisboro.
No automatic dial fire alarm may be installed or used in the
Town of Lewisboro.
No fire alarm system which produces an exterior audible signal
shall be installed or used unless its operation is automatically restricted
to a maximum of 30 minutes.
The occurrence of an avoidable fire alarm shall constitute a
violation of this chapter by the fire alarm user.
[Amended 3-15-2022 by L.L. No. 1-2022]
A.
Each fire department within the Town of Lewisboro shall investigate
and report, in writing, to the Town Fire Inspector (Building Department)
all avoidable fire alarms, giving the date and hour of the fire alarm,
the name, address and telephone number of the alarm user, the extent
of response to the alarm, the basis for determining that it was an
avoidable alarm, and all pertinent details of the incident.
B.
The Fire Inspector will keep a record of all avoidable fire alarms
reported to him and the disposition of the alleged violation. He will
also keep a record of each fire alarm system on which there has been
reported an avoidable fire alarm, including, but not limited to, any
determination of whether the system was an automatic dial alarm and/or
contained an exterior audible system.
[Amended 3-15-2022 by L.L. No. 1-2022]
A.
Any person upon conviction for violation of § 117-3 or 117-4 of this chapter shall be guilty of a violation which shall be punishable as follows:
(1)
For
a first violation, by payment of a fine of not less than $50 nor in
excess of $150 or by imprisonment for a period of 10 days, or by both
such fine and imprisonment.
(2)
For
a second or subsequent violation, by a fine of not less than $100
nor in excess of $200 or by imprisonment for 15 days, or by both such
fine and imprisonment.
B.
Any person upon conviction for violation of § 117-5 of this chapter for the occurrence of an avoidable fire alarm as defined in this chapter shall be guilty of a violation which shall be punishable as follows:
(1)
For the first violation within 12 months of issuance of notice by the Fire Inspector pursuant to § 117-6 herein, a fine of not less than $50 or imprisonment for a period of 10 days, or by both such fine and imprisonment.
(2)
For the second violation within 12 months of issuance of notice by the Fire Inspector pursuant to § 117-6 herein, a fine of not less than $100 or imprisonment for a period often 10 days, or by both such fine and imprisonment.
A.
The provisions and requirements of this chapter shall apply to all
fire alarm systems installed or in use or modified after the effective
date of this chapter.
