[HISTORY: Adopted by the Village Board of Trustees of the
Village of Lima as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-22-2007 by L.L. No. 2-2007]
It is the purpose of this article to protect and promote the
health, safety, and general welfare of the residents of the Village
of Lima 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 delayed responses to genuine emergencies.
This article seeks to ensure that fire communications facilities will
be available to dispatch fire personnel for actual emergencies.
For the purpose of this article, certain words and phrases shall
be construed herein as set forth in this section:
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 employees or
agents, or through any other cause which, through direct connection
to an emergency agency or through notification of an emergency agency
by a private answering point or automatic dialing device or 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 Village of Lima 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 or earthquakes, or any 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."
Any mechanical or electrical device which is designed or
used for the detection of fire and which emits a sound or transmits
a signal or message when activated. "Fire 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 Fire Marshal or any Code Enforcement Officer of the Village.
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. Service of such notice
shall be effective upon the completion of personal service or upon
the placing of the same in the custody of United States Postal Service.
Any person who owns, leases, contracts for or otherwise obtains
and utilizes or installs a fire alarm system.
A.
The Fire Marshal shall obtain on a daily basis from the Fire Department
a list of the avoidable alarms received by the Fire Department, including
the date and time of the avoidable alarm, the address of the site
of the avoidable alarm and the property's owner.
B.
The Fire Marshal shall notify the owner, in writing, of the fact
of the avoidable alarm and that subsequent avoidable alarms will result
in fines as provided in this article.
C.
The Fire Marshal shall maintain a file or log of all such written
notices given or mailed to owners. The file shall be used to determine
the frequency of avoidable alarms experienced, and to verify the dates
of such events.
Any owner or lessee of property having a fire alarm system shall
pay to the Village of Lima a penalty or fine for each and every avoidable
alarm occurring on his or its premises in a manner as follows:
A.
In any one calendar year, a property owner shall not be penalized
or fined for the first four such avoidable alarms during the entire
year the premises is under the control of the same owner.
B.
For the fifth avoidable alarm within one calendar year, the owner
shall be liable to pay a fine of $250, and an additional fine of $250
for each and every instance of an avoidable alarm thereafter during
such year.
Should any section or provision of this article contained herein
or as amended hereafter be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this
article as a whole or any part thereof other than the part so explicitly
declared to be invalid.
This article shall take effect upon the filing thereof with
the Secretary of State.
