[HISTORY: Adopted by the Village Board of the Village of Yorkville 9-5-2023 by L.L. No. 4-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 65 but was renumbered to maintain the organization of the Code.
This article shall be known as the "Emergency Alarm System Law of the Village of Yorkville."
It is the purpose of this article to protect and promote the health, safety, and general welfare of the residents of the Village of Yorkville and its fire districts 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 a high accident rate and delayed responses to genuine emergencies. This article seeks to ensure that fire communications facilities will be available to dispatch fire and emergency personnel for actual emergencies and to alleviate the nuisance of audible alarms to the surrounding community. Another purpose of this article is to contact responsible people to notify them of the activation of the alarm. This article also requires registration of alarm businesses and subscribers for the purpose of permitting the Village to communicate with them regarding the administration of this article.
A. 
For the purpose of this article, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.
B. 
As used in this article, the following terms shall have the meanings indicated:
ALARM BUSINESS
The business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any security system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any emergency alarm system in or on any building, structure or facility. Exemption: The provisions of this article shall not apply to a person who engages in the manufacture and/or sale of an emergency alarm system from a fixed location who neither visits the location where the emergency alarm system is to be installed nor designs the scheme for physical location and installation of the emergency alarm system in a specific location.
EMERGENCY ALARM
Any mechanical or electrical device which is designed or used for the detection of fire or for the detection of an unauthorized entry into or exit from a building, structure or facility or for altering others to the commission of an unlawful act within a building, structure or faculty, or both, and which emits an audible exterior signal at the scene of the installation or, when activated, transmits a signal or message which terminates in any manner at the respective fire departments responsible to the Village of Yorkville, and whether or not designed or used to register alarms that are audible, visible or perceptible with or without the protected building, structure or facility.
FALSE ALARM
(1) 
An alarm signal from an emergency alarm system or notification by an answering service which calls for a response by that respective fire department responsible where an emergency situation does not exist. Subscribers and/or permitees shall notify the respective fire department responsible prior to any service, test, repair, maintenance, adjustment, alteration, or installation which might actuate a false alarm. Alarms caused by problems with public utilities shall not be considered a false alarm.
(2) 
To willfully cause the fire alarm system to activate and initiate a response from the Fire Department when there is not an emergency.
(3) 
To allow the fire alarm system to initiate a response from the Fire Department when an emergency doesn't exist when such action can be prevented.
(4) 
To allow the activation of the fire alarm system and initiate a response from the Fire Department more than two times due to defective equipment
NOTICE
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.
PUBLIC NUISANCE
An emergency alarm system may constitute a public nuisance if it actuates more than:
(1) 
One false alarm in any thirty-day period;
(2) 
Two false alarms in any ninety-day period;
(3) 
Three false alarms in any 180-day period;
(4) 
Four false alarms in any 360-day period; or
(5) 
Five false alarms in any 365-day period
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains an emergency alarm system.
Following fire response to the actuation of an alarm, the subscriber shall file a written report with the Yorkville Fire Department within 72 hours of such notification. Such report shall contain all information pertaining to the activation of said alarm and any planned corrective action. Where the emergency alarm system is serviced by an alarm service, the report shall be made to the subscriber and a copy forwarded to the alarm business by the subscriber. The Yorkville Fire Department shall provide a standard false alarm report in three parts, allowing one each for subscriber, alarm business and the Yorkville Fire Department.
This article shall be enforced by the Village of Yorkville and its respective enforcement departments.
A. 
Any person violating any provisions of this article shall be deemed guilty of a violation and, upon conviction thereof, shall be punishable by a fine of not more than $250 or imprisonment not exceeding 15 days, or both, unless otherwise provided herein.
B. 
The intentional transmission of a false alarm shall be punishable under the New York State Penal Law.
C. 
The conviction or punishment of any person for violation of the provisions of this article shall not relieve such person from paying fees due and unpaid at the time of such conviction, nor shall payment of any fee prevent prosecution for violation of any of the provisions of this article. The amount of any fee shall be deemed a debt to the Village of Yorkville. An action may be commenced in the name of the Village in any court of competent jurisdiction for the amount of any delinquent fee.
D. 
Any penalties that remain unpaid shall become a lien upon the real estate where the alarm system is located and shall be added in and collected with the property tax of the Village of Yorkville on such parcel
The Fire Chief of the Village of Yorkville, or designee thereof, may promulgate rules and regulations as deemed necessary for the proper administration of this article. Said rules and regulations shall be deemed valid and effective only after submission to the Board of Trustees for the Village of Yorkville and approved and passed by appropriate legislation.