Town of Marion, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Marion 2-5-1990; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
Appearance tickets — See Ch. 8.
Uniform construction codes — See Ch. 135.
Noise — See Ch. 191.
This chapter shall be known as the "Avoidable Alarm Local Law."
The purpose of this chapter is to protect and promote the health, safety and general welfare of the residents of the Town of Marion by reducing the number of avoidable alarms to the local Fire Departments and/or Fire Districts. In addition, it is intended that this chapter provide to fire communication facilities expeditious dispatch of fire personnel to actual fire and related emergencies.
The Town Board of the Town of Marion has determined that avoidable alarms unnecessarily drain resources and require emergency responses which may contribute to a high accident rate and delayed responses to genuine emergencies. It is in the best interest of the Town to prevent and regulate avoidable alarms.
The provisions of this chapter shall apply to avoidable alarms to Fire Departments and fire-related responses, and this chapter shall not apply to law enforcement and ambulance-related responses.
For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section.
Any mechanical or electrical device which is designed or used for and which emits a sound or transmits a signal or message when activated. 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 activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner, user, custodian, which, through direct connection to an emergency agency, or which through notification of an emergency agency by a private answering point or automatic dialing device, or which 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 Town of Marion, 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, 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."
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.
Any person who owns, leases, contracts for or otherwise obtains a fire alarm system.
All fire alarm systems must be properly maintained at all times. Operational instructions shall be kept accessible on the premises at all times. All fire alarm systems must be tested annually and have a certification placed on the control equipment stating when the system was tested.
A written notice shall be given of the fact of an avoidable alarm on the first and second occurrence in one year. Such notice shall state the fines as provided for in this chapter. 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 violation of this chapter or any portion thereof is hereby declared to be an offense punishable by a fine as stated below or imprisonment not exceeding 15 days, or by both such fine and imprisonment. In the event that avoidable alarms are transmitted to the Fire Department, the Code Enforcement Officer will issue an appearance ticket returnable in Town Justice Court, subjecting the owner or occupant of the premises to the following fines:
For the third avoidable alarm within one year, the owner shall be subject to a fine of $200.
For the fourth avoidable alarm within one year, the owner shall be subject to a fine of $300.
For each avoidable alarm thereafter within one year, the owner shall be subject to a fine of $500.