[HISTORY: Adopted by the Town Board of the Town of Victor 2-10-1997 by L.L. No. 5-1997; amended in its entirety 5-11-2009 by L.L. No. 4-2009. Subsequent amendments noted where applicable.]
This chapter shall be known as the "False Alarm Local Law."
The purpose of this chapter is to protect and promote the health, safety and general welfare of the residents of the Town of Victor by reducing the number of false alarms to the local fire departments and/or fire districts. In addition, it is intended that this chapter provide to fire communication facilities expeditious dispatch of fire personnel to actual fire and related emergencies.
The Town Board of the Town of Victor has determined that false alarms unnecessarily drain resources and require emergency responses which may contribute to a high accident rate and delayed responses to genuine emergencies. It is in the best interest of the Town to prevent and regulate false alarms.
The provisions of this chapter shall apply to false alarms to fire departments and fire-related responses, and this chapter shall not apply to law enforcement and ambulance-related responses.
For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section.
ALARM SYSTEM
Any mechanical or electrical device which is designed or used for and which emits a sound or transmits a signal or message when activated. 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.
FALSE ALARM
The activation of an alarm system indicating an emergency situation when, in fact, no emergency situation exists.
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.
OWNER
Any person who owns, leases, contracts for or otherwise obtains a fire alarm system.
All fire alarm systems must be properly maintained at all times. Operational instructions shall be kept accessible on the premises at all times. All fire alarm systems must be tested annually and have a certification placed on the control equipment stating the date when the system was tested.
A. 
It shall be a violation of this chapter if:
(1) 
A false alarm is triggered as a result of mechanical failure, malfunction, improper installation or the negligence of the owner, user or custodian; or
(2) 
A false alarm is triggered intentionally and the person activating the alarm knows that an emergency situation does not, in fact, exist; and
(3) 
The triggering of a false alarm results in notification to an emergency service provider that an emergency situation exists.
B. 
It shall not be a violation of this chapter if:
(1) 
A false alarm is triggered as a result of violent conditions of nature, including but not limited to hurricanes, blizzards, tornadoes, earthquakes or similar disasters; or
(2) 
A false alarm is triggered and the person activating it reasonably believes that an emergency situation exists.
Written notice shall be provided upon the occurrence of a false alarm on the first and second occurrence in one year. Such notice shall state the fines as provided for in this chapter. Service of such notice shall be effective upon the completion of personal service or upon the placing of the same in the custody of the United States Postal Service.
A violation of this chapter, or any portion thereof, is hereby declared to be an offense punishable by a fine as stated below or imprisonment for not exceeding 15 days, or by both such fine and imprisonment. Upon occurrence of a violation of this chapter, a Code Enforcement Officer will issue an appearance ticket subjecting the owner or occupant of the premises to the following fines:
A. 
For the third false alarm within one year, the owner shall be subject to a fine of $200.
B. 
For the fourth false alarm within one year, the owner shall be subject to a fine of $300.
C. 
For each false alarm thereafter within one year, the owner shall be subject to a fine of $500.