[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye
Falls 2-15-1993 as L.L. No. 1-1993. Amendments
noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 114.
It is the purpose of this chapter to protect and promote the health,
safety, and general welfare of the residents of the Village of Honeoye Falls
by reducing the number of avoidable alarms to emergency agencies. Avoidable
alarms contribute to ineffective utilization of public safety, man power 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.
For the purpose of this chapter, certain words and phrases shall be
construed herein as set forth in this section:
The activation of an alarm system through mechanical failure, malfunction,
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 through notification
of an emergency agency by a private answering point or automatic dialing device
or 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 Village of Honeoye Falls when, in fact, an emergency situation
does not exist. An "avoidable alarm" also includes the knowing or intentional
activation of an alarm to an emergency agency when the activator knows that
an emergency situation does not exist. "Avoidable alarm" does not include
alarms activated by violent conditions of nature, such as hurricanes, tornadoes
or 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 village.
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 United States Postal Service.
Any person who owns, leases, contracts for or otherwise obtains a
fire alarm system.
A.
The Fire Marshal shall obtain on a weekly basis from
the Fire Department the avoidable alarms received by the Fire Department.
B.
The Fire Marshal shall notify the owner, in writing,
of the fact of the avoidable alarm and that subsequent avoidable alarms will
result in fines as provided in this chapter.
C.
The Fire Marshal shall maintain a file of all such written
notices to owners concerning the first avoidable alarm.
A.
For the second and subsequent avoidable alarm within
two (2) years, the owner shall be subject to a fine not to exceed two hundred
fifty dollars ($250.) or imprisonment for not more than fifteen (15) days,
or both.[1]
B.
The Fire Marshal shall issue appearance
tickets to owners in violation of this chapter.
