[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.]
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.
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.
A device that generates a sound which is audible off the
subject premises when actuated.
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.
The Code Enforcement Officer of the Village of Hamilton.
A calendar day.
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.
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.
A person, firm, partnership, association, corporation or
entity.
Each subscriber and each owner, lessee, occupant, operator
and/or manager of premises upon which an alarm system has been installed.
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:
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.
