It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the public in the Village of
Bath 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 accidents .and delay responses to
genuine emergencies. This chapter seeks to ensure that emergency communications
facilities will be available to dispatch personnel for actual emergencies.
As used in this chapter, the following terms shall have the
meanings indicated:
AVOIDABLE ALARMS
A.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner,
user, custodian or lessee of an alarm system, or his employee or agent,
or through any other cause that indicates an emergency situation exists
requiring an emergency response when, in fact, an emergency situation
does not exist, and the transmittal of that alarm occurs through telephone,
municipal alarm system, private alarm system, home dialer, or other
means to the Police or Fire Department, either directly or through
other public or private dispatch systems. Avoidable alarms shall include,
but not be limited to, the following:
(1)
Water flow alarms caused by normal changes in pressure of broken
sprinkler heads or broken pipes.
(2)
Alarms caused by malfunctioning alarm equipment; included are
smoke detectors that are oversensitive, faulty wire. connections and
loose fire alarm devices.
(3)
Alarms caused by power interruptions.
(4)
Alarms set off by nonemergency activation of the alarm system.
(5)
Alarms caused by testing or maintenance without prior proper
notification of the Fire and Police Departments.
B.
This chapter specifically exempts as avoidable alarms:
(1)
Situations where a person reasonably believes an emergency exists.
(2)
Alarms caused by overcooking or burning of foods.
(3)
Violent conditions of nature, such as hurricanes, tornadoes
and earthquakes.
FIRE AND POLICE ALARM SYSTEM
Any mechanical or electrical device which is designed or
used for the detection of fire or other emergency situations which
transmits a signal or message when activated. Fire and police alarm
systems include, but are not limited to, direct dial telephone devices;
alarm systems connected to the municipal alarm systems and proprietary
alarm systems.
EXCESSIVE AVOIDABLE ALARM
Excessive avoidable alarm is deemed to be three avoidable
alarms in any calendar year where the fire or police alarm system
is activated.
Property owners shall be required to register all fire and police
alarm systems with the Village of Bath and keep contact information
required as part of the registration process current. Any changes
to contact information shall be reported to the Fire and Police Departments
within five business days. Registrations shall not be transferable
from one premises to another or from one owner to another.
All alarm systems shall be installed, maintained, modified,
and/or tested in accordance with the New York State Fire Prevention
arid Building Code and national police/security system industry standards
so as to minimize the possibility of false alarms.
No person shall permit conditions which cause, or otherwise
result in, an excessive avoidable alarm in any fire or police alarm
system in any building or structure within the Village of Bath.
Any person charged a fee in accordance with this chapter may
appeal such fee, in writing, to the Village of Bath Mayor, within
five business days. The Mayor, or his/her designee, shall hold a hearing
within 30 days and shall render a written decision within 10 days
of such hearing.
If any section, subsection, sentence, clause, or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
a decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this law.
This chapter shall take effect upon filing in the office of
the Secretary of State.