This chapter shall be known as the "Emergency Alarm System Law
of the Village of New Hartford."
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the New Hartford
Fire District 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 chapter seeks
to ensure that fire communications facilities will be available to
dispatch fire and emergency personnel for actual emergencies and to
alleviate the nuisance of audible alarms to the surrounding community.
Another purpose of this chapter is to contact responsible people to
notify them of the activation of the alarm. This chapter also requires
registration of alarm businesses and subscribers for the purpose of
permitting the Village to communicate with them regarding the administration
of this chapter.
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 BUSINESS
The business by any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any security system or causing
to be sold, leased, maintained, serviced, repaired, altered, replaced,
moved or installed any emergency alarm system in or on any building,
structure or facility. Exemption: The provisions of this chapter shall
not apply to a person who engages in the manufacture and/or sale of
an emergency alarm system from a fixed location who neither visits
the location where the emergency alarm system is to be installed nor
designs the scheme for physical location and installation of the emergency
alarm system in a specific location.
EMERGENCY ALARM
Any mechanical or electrical device which is designed or
used for the detection of fire or for the detection of an unauthorized
entry into or exit from a building, structure or facility or for alerting
others to the commission of an unlawful act within a building, structure
or facility, or both, and which emits an audible exterior signal at
the scene of the installation or, when activated, transmits a signal
or message which terminates in any manner at the New Hartford Fire
Department, whether or not designed or used to register alarms that
are audible, visible or perceptible with or without the protected
building structure or facility.
FALSE ALARM
An alarm signal from an emergency alarm system or notification
by an answering service which calls for a response by the New Hartford
Fire Department where an emergency situation does not exist. Subscribers
and/or permittees shall notify the Village of New Hartford Fire Department
prior to any service, test, repair, maintenance, adjustment, alteration
or installation which might actuate to a false alarm. Alarms caused
by problems with public utilities shall not be considered false alarms.
NOTICE
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.
PERMITTEE
Any individual, partnership, corporation or other entity required to obtain a permit pursuant to §§
34-9 through
34-11 hereof.
PUBLIC NUISANCE
An emergency alarm system may constitute a public nuisance
if it actuates more than:
A.
One false alarm in any thirty-day period; or
B.
Two false alarms in any ninety-day period; or
C.
Three false alarms in any one-hundred-eighty-day period; or
D.
Four false alarms in any three-hundred-sixty-day period; or
E.
Five false alarms in any three-hundred-sixty-five-day period.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains
an emergency alarm system.
Following fire response to the actuation of an alarm, the subscriber
shall file a written report with the Village of New Hartford Fire
Department within 72 hours of such notification. Such report shall
contain all information pertaining to the activation of said alarm
and any planned corrective action. Where the emergency alarm system
is serviced by an alarm business, the report shall be made to the
subscriber and a copy forwarded to the alarm business by the subscriber.
The Village of New Hartford Fire Department shall provide a standard
false alarm report in three parts, allowing one each for the subscriber,
alarm business and Village of New Hartford Fire Department.
Notice of changes or modifications relating to the information required by §§
34-9 and
34-10 herein shall be given, in writing, to the Village of New Hartford Fire Department within seven days of said change or modification.
This chapter shall be enforced by the Village of New Hartford
Fire Department.
[Amended 9-11-1994 by L.L. No. 1-1994]
The Fire Chief or designee thereof may promulgate rules and
regulations as deemed necessary for the proper administration of this
chapter.
Any applicant for a permit under this chapter shall be required
to notify the Village of New Hartford Fire Department of the name
of his liability insurance carrier, and either such owner or installer
shall authorize the Village of New Hartford Fire Department, through
his application for permit, to notify said insurance company in the
event of a violation of this chapter.