This article shall be known as Local Law No. 3 of the Year 2017
entitled "Avoidable Alarms and Knox-Box® Law of the Village of
Akron."
The purpose of this article is to protect and promote the health,
safety and general welfare of the residents of the Village of Akron
by reducing the number of avoidable alarms of fire, intrusion, holdup
or other emergencies which contribute to ineffective utilization of
police and fire emergency agencies, require emergency responses which
are susceptible to high accident rates, interfere with genuine emergencies
(responses) and produce unnecessary alarm noise to the surrounding
community and to require the installation of Knox-Boxes in all commercial
buildings in the Village of Akron.
For the purpose of this article, the following words and phrases
shall have the meanings respectfully ascribed to them by this section:
ALARM SYSTEM
A device or an assembly of equipment which is designed to
detect smoke, an abnormal rise in temperature, fire, medical emergency
or an entry into or exit from a building, structure or facility and
by reason thereof emits an audible response intended to alert persons
outside of the premises and/or transmit a signal or message to an
emergency agency either directly or through a private answering point.
AUTOMATIC DIALER
A device that automatically dials and relays a prerecorded
message to an emergency agency.
EMERGENCY AGENCY
The Erie County Sheriff, New York State Police, Akron Police
Department, Fire Company, central fire dispatch or another emergency
dispatch center.
KNOX-BOX®
A locked box mounted near a building entrance containing
a key to the building to provide for access by emergency responders,
which box is accessible only by way of a master key maintained in
a secure location at the local fire company responsible for responding
to fire calls where the building is located.
The owners and lessees of premises having alarm systems shall
comply with all provisions of this article on or before one year from
the effective date of this article.
[Amended 12-4-2023 by L.L. No. 3-2023]
Charges for police agency response and Fire Department response
shall be in accordance with that certain fee schedule established
and approved by the Village Board, as amended from time to time.
The owner or lessee or real property which receives an emergency
response by reason of an avoidable alarm shall be notified, in writing,
by means of first-class mail, of all avoidable alarms up to three
police alarms and for one fire 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 with
it a copy of this article.
A committee consisting of the Akron Building Inspector, a representative
of a service organization and a professional business person shall
establish policies and procedures whereby an owner of real property
or lessee thereof on which an 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 committee shall receive such evidence and make recommendations
and findings of fact concerning such classification. The committee
shall make the final determination concerning a classification, which
determination shall be reviewable only pursuant to procedures under
Article 78 of the Civil Practice Law and Rules. To challenge the classification
of an alarm as an avoidable alarm, the real property owner or lessee
thereof shall, in writing, notify the committee within 20 days after
receipt of notice of the avoidable alarm. The failure to give timely
notice shall be deemed a waiver of the right to review the determination.
Avoidable alarm charges shall be paid to an office of repository
authorized to collect such charges by the Village Board from time
to time. The office of repository designated to receive payments for
avoidable alarm charges will be posted in the office of the Village
Clerk.
Failure of a real property owner or lessee of property on which
an alarm system is installed to pay the avoidable alarm charge within
30 days from notice of the amount due shall be served with a summons
and shall be deemed a violation of this article.
The Village of Akron Building Department shall enforce this
chapter for alarm systems which detect medical emergencies and entry
or exit from a building, structure or facility and for alarm systems
which detect smoke, fire or an abnormal rise in temperature.
Any person, business, firm, corporation, partnership, association
or other entity that does not pay the fee as established in this article
or who violates any other provisions of this article shall be subject
to a civil penalty not to exceed $1,000 for each offense. A separate
offense shall be deemed committed upon each day during which a violation
occurs, continues or is permitted.