This chapter shall be known as the "Fire Alarm Nuisance Law."
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the Town of DeWitt outside
the Village of East Syracuse 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 chapter seeks to ensure that fire communications
facilities will be available to dispatch fire personnel for actual emergencies
and to alleviate the nuisance of audible alarms to the surrounding community.
Another purpose of this chapter is to contact responsible people to notify
them of the activation of the alarm.
For the purpose of this chapter, 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:
AUDIBLE ALARM
A device which generates an audible sound on the premises when it
is actuated.
AVOIDABLE ALARM
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 when,
through direct connection to an emergency agency or which, through notification
of an emergency agency by a private answering point or automatic dialing device
or which, 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 Town of DeWitt when, in fact, an emergency situation
does not exist; an avoidable alarm to an emergency agency when the activator
knows that an emergency does not exist. "Avoidable alarm" does not include
alarms activated by violent conditions of nature, such as earthquakes, hurricanes,
tornadoes or any other similar cause beyond the control of the user of an
alarm system. Activation of an alarm system under any circumstance in which
the activator reasonably believes that an emergency situation exists is not
an "avoidable alarm."
FIRE AND SMOKE DETECTION SYSTEM
Any mechanical or electrical device which is designed or used for
the detection of fire and smoke and which emits a sound or transmits a signal
or message when activated. "Fire and smoke detection systems" include but
are not limited to direct-dial telephone devices, audible alarms and proprietor.
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.
FIRE DISTRICT
The Town of DeWitt outside the Village of East Syracuse, including
all of the DeWitt Fire District, all of the Jamesville Fire District and all
of the East Syracuse Fire Protection District.
NOTICE
Written notice, given by personal service upon the addressee or given
by United States certified mail, postage prepaid, addressad 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.
PERSON
A natural person, firm, partnership, association or corporation.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains a
fire and smoke detection system. A person or entity may be both a "subscriber"
and an alarm business.
The New York State Uniform Fire Prevention and Building Code and Generally
Accepted Standard (NYSUFPBC and GAS) prescribe minimum standards for the maintenance
and installation of all fire and smoke detection systems.
Every alarm installer or business engaged in maintenance and servicing
of alarm systems shall be able to respond to the location of the alarm installation,
as prescribed in National Fire Protection Association Nos. 71, 72A, 72B, 72C,
72D and 72E.
The provisions of this chapter shall not apply to a person who engages
in the manufacture or sale of a fire and smoke detection system from a fixed
location and who neither visits the location where the fire and smoke detection
system is to be installed nor designs the scheme for physical location and
installation of the fire and smoke detection system in a specific location;
nor shall the provisions of this chapter apply to audible alarms affixed to
automobiles.
No person shall maintain or operate an alarm system which actuates an
avoidable alarm three (3) times within a one-hundred-eighty-day period from
any separate structure or, in case of multiple tenants, from separate occupancy
containing a separate alarm system.
Persons guilty of a third or subsequent violation of this chapter of
the Town of DeWitt Code shall be subject to a fine of not less than one hundred
fifty dollars ($150.) nor more than two hundred fifty dollars ($250.) or imprisonment
for ten (10) days, or both such fine and imprisonment.
This chapter shall take effect on the 10th day after the date of the
publication of the notice of adoption; provided, however, this chapter shall
take effect from the date of its service as against a person personally served
with a copy thereof certified by the Town Clerk under the Corporate Seal of
the town and showing the date of its passage and entry in the minutes.