[HISTORY: Adopted by the Board of Trustees of the Village
of Penn Yan 6-20-2023 by L.L. No. 9-2023. Amendments noted where applicable.]
The purpose of this chapter, based upon the findings for the
basis of this chapter, is to establish penalties for repetitive avoidable
alarms from remote automatic alarms and to attempt to minimize the
number of avoidable alarms generated by remote automatic alarms, thereby
promoting the health, welfare and safety of the residents of the Village
of Penn Yan.
As used in this chapter, the following terms shall have the
meanings indicated:
The activation of a fire alarm or fire alarm system of components
through mechanical failure, malfunction, improper installation, negligence,
tampering or other avoidable cause by the owner, employee or agent
of the owner, tenant, lessee, occupant or custodian that indicates
that an emergency situation exists requiring an emergency response
when, in fact, an emergency situation does not exist.
An emergency response is created when a fire department or
other first responders are dispatched via the Yates County Emergency
Dispatch Center, or other means, to respond to the alarmed premises.
An emergency response will continue to exist until such time as the
fire department or other first responders investigate the alarm activation
and either abate or determine the conditions safe.
An event or chain of events that, if left unabated, has the
potential to cause injuries, loss of life or damage to property.
Any device installed in or on any structure for the purpose
of detecting smoke or fire and which is capable of communicating an
alarm or signal by electronic, telephonic or other means to a receiver
maintained by the Penn Yan Fire Department, by any state or local
government or by any agency or subdivision thereof.
In the event that the Penn Yan Fire Department or any of its
officers or members, and/or any police officer or peace officer, as
that term is defined by the laws of the State of New York, shall respond
to three separate avoidable alarms generated by any single remote
automatic alarm system to a property located within the Village of
Penn Yan within any consecutive twelve-month period, the owner of
the property containing such remote automatic alarm shall be subject
to a civil penalty of $500; a fourth or subsequent avoidable alarm
within any consecutive twelve-month period shall result in a civil
penalty of $750 for each such subsequent avoidable alarm within that
twelve-month period. Such civil penalties shall be paid to the Village
of Penn Yan and be designated solely for the benefit of the Penn Yan
Fire Department for equipment and apparatus maintenance.
Within 10 days of each alarm that is deemed as avoidable by
any officer of the Penn Yan Fire Department, a warning letter shall
be sent to the property owner of the premises which was the source
of the avoidable alarm. Such letter shall identify the address of
the property, the date and time of the avoidable alarm, the fact that
there was a response thereto and the facts, to the extent reasonable,
constituting the avoidable alarm.
Notwithstanding the above, the term "avoidable alarm" shall
not mean an alarm purposely generated by the owner of a structure,
or an agent or employee thereof, for the purpose of testing the effectiveness
of said alarm, provided that the Penn Yan Fire Department and the
Yates County 911 Center shall have been given five days, written notice
of the date, time and location that such test shall occur.
A.
In the event that there is an alleged violation of § 46-3 hereof in that there have been three avoidable alarms within a consecutive twelve-month period from any single remote automatic alarm or by other means, there shall be a committee formed consisting of four members, all of whom shall be chiefs, captains or lieutenants of the Penn Yan Fire Department. The committee shall be appointed by the Chief or the Chiefs designee which committee shall jointly make a determination of whether there has been a violation of § 46-3.
B.
In the event that there is a determination that a civil penalty should
be imposed pursuant to the provisions hereof, a written notice of
decision shall be made and signed by the four committee members. Such
notice of decision shall contain the property address, the name(s)
of the property owners, the dates and times that the avoidable alarms
were made, the fact that the Penn Yan Fire Department or other emergency
responders responded thereto, the means by which the alarm was reported,
the determination that the provisions hereof were violated and the
facts supporting that determination, the amount of the civil penalty,
the date of the determination and a notice that such civil penalty
shall be paid to the Village of Penn Yan within 30 days of the date
of the determination.
C.
Such notice of decision shall also state that the decision may be appealed within 10 days of the completion of service of the notice of decision pursuant to Subsection D hereof and provide the procedure for such appeal as specified by § 46.7 hereof.
D.
Service of notice of decision. Service of said notice of decision
shall be made upon the owner(s) and any occupant(s) pursuant to the
applicable provisions of Article 3 of the Civil Practice Law and Rules
of the State of New York.
A.
The notice of appeal must be in writing and contain:
(1)
The name, address and telephone number of the person requesting the
hearing.
(2)
The interest in the property (owner, occupant, agent, etc.) of the
person requesting the hearing.
(3)
The address of the subject property.
(4)
That a hearing is requested on the issue of whether the alarms were
avoidable.
(5)
Any facts or documents supporting the appeal.
B.
The appeal notice must be served upon the Village Clerk of the Village
of Penn Yan within 10 days of the completion of service of the notice
of decision.
C.
Upon receiving a proper appeal notice, the Village Clerk shall forthwith
notify the Village Mayor and the Chief of the Penn Yan Fire Department
that a notice of appeal has been filed. The Village Mayor shall designate
a Hearing Committee to hear and determine the matter and shall inform
the Fire Chief of the identity of the members of the Hearing Committee
so designated. The Hearing Committee shall consist of three current
members of the Board of Trustees. The Village Clerk shall inform the
person filing the notice of appeal of the date and place of the hearing
not less than five days prior to the date of the hearing. At such
hearing, the Fire Chief, or his designee, shall present such evidence
as is relevant to the issue of whether the alarms were avoidable.
The person appealing may likewise present relevant evidence with respect
to such issue.
D.
The Hearing Committee shall, upon the presentation of relevant evidence,
determine whether the alarms were avoidable. The Hearing Committee
shall promptly issue a report of the contentions of the parties, the
findings of fact and its determination. The Hearing Committee shall
provide a copy thereof to: the person filing the notice of appeal
and his/her attorney, if any; the Fire Chief; and the Village Clerk.
E.
Any person aggrieved by the decision of the Hearing Committee may
appeal said decision pursuant to Article 78 of the Civil Practice
Law and Rules. Such a proceeding shall not stay further action pursuant
to this chapter unless a court of competent jurisdiction so orders.
F.
In the event that such civil penalty is not paid by the following
April 1, that sum shall be added to and become a part of the taxes
next to be assessed and levied upon the subject lot or land by the
Village, upon certification by the Village Clerk/Treasurer and confirmation
by the Board of Trustees. Such sum shall bear interest at the same
rate as taxes and shall be collected and enforced by the same officers
and in the same manner as taxes, pursuant to Village Law § 4-414
and Real Property Tax Law § 936.
A centralized written record shall be kept of all activities
of the Penn Yan Fire Department with respect to the implementation,
administration and enforcement of this chapter. Such records shall
include, but not be limited to, all warning letters, other correspondence,
minutes of hearings, names of all committee members for determinations
of violations, along with the name of the subject(s) of each such
committee member, notices, written determinations, decisions, appeal
documents and any other documentation. Such records shall be kept
on file with the Penn Yan Fire Department. A copy of all such records
shall be filed with the Village Clerk. Those records shall be retained
for a minimum of seven years subsequent to the date of final action
with respect to any alleged violation of this chapter.
