[HISTORY: Adopted by the Board of Trustees of the Village of Depew 5-2-1994 by L.L. No. 1-1994; amended in its entirety 3-11-2013 by L.L. No. 1-2013. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect and promote the health, safety and general welfare of the employees and the residents of the Village of Depew by reducing the number of avoidable security and or fire alarms requiring emergency responses which are susceptible to high accident rates, interfere with genuine emergencies (responses) and produce unnecessary alarm noise to the surrounding community.
As used in this chapter, the following terms shall have the meanings indicated:
- ALARM SYSTEM
- A device or an assembly of equipment which is designed to detect unauthorized entry, smoke, abnormal rise in temperature, fire from a building, a structure or facility, or which is designed to detect any emergency situation, and by reason thereof emits a response to alert persons.
- AUTOMATIC DIALER
- A device that automatically dials and relays a prerecorded message to an emergency agency.
- EMERGENCY AGENCY
- The Police Department, Fire Department, Central Fire Dispatch or other emergency dispatch centers.
The owners and lessee of premises that have fire alarm systems or any other system designed to detect emergency situations, shall comply with all of the provisions of this chapter on or before the first day of May 2013.
No alarm system shall have an automatic dialer feature or other type of alarm alert which connects automatically to enhanced 911 or 911 emergency telephone system.
There shall be no automatic security and or fire alarm system with direct communication of any type to an emergency agency without prior written authorization from the emergency agency where the alarms terminate.
The activation of any alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner, user, custodian, or lessee of an alarm system, or of his or her employees, requiring an emergency response when in fact an emergency does not exist, constitutes an avoidable alarm. An avoidable alarm also includes intentional activation of an alarm system when the activator knows an emergency situation does not exist.
An owner or a lessee of real property to which an emergency agency responds as a result of an avoidable alarm, shall pay a fee for each such response in each calendar year as follows:
The owner or a lessee of real property which received an emergency response by reason of an avoidable alarm shall be notified in writing by means of first-class mail of each avoidable alarm in a calendar year. The letter shall inform the owner or lessee of the times and types of emergency responses provided to the address location and shall contain a copy of this chapter.
The Fire chief, the Police Chief or their appointed representatives shall establish a Commission to establish a policy and procedure whereby an owner of real property or a lessee thereof on which a fire alarm system has been installed and who has been notified of an avoidable alarm may present evidence as to why any such alarm should not be classified as an avoidable alarm. The Commission shall designate members of their departments, not to exceed three in total, to conduct hearings and receive evidence and make recommendations and findings of facts concerning same. The designated members shall make a final determination, which determination shall be reviewable only pursuant to procedures under Article 78 of Civil Practice Law and Rules.
To challenge the classification of an alarm as an avoidable alarm, the real property owner or lessee thereof shall notify the Commission in writing within 20 calendar days after receipt of the notice of the avoidable alarm of a request for a hearing. The failure to give timely notice shall be deemed a waiver of the right to review the determination.
Any person violating any of the provisions of this chapter shall be punished as provided in § 1-10 of this Code.