[HISTORY: Adopted by the Board of Trustees
of the Village of Victor 2-17-1997 by L.L. No. 3-1997. Amendments noted where
applicable.]
This chapter shall be known as the "Avoidable
Alarm Local Law."
The purpose of this chapter is to protect and
promote the health, safety and general welfare of the residents of
the Village of Victor by reducing the number of avoidable 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 Village Board of the Village of Victor has
determined that avoidable 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 village to prevent and regulate avoidable alarms.
The provisions of this chapter shall apply to
avoidable 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.
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.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner,
user, custodian, which, 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 Village of Victor, 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, earthquakes or any other 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.
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.
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 when
the system was tested.
A written notice shall be given of the fact
of an avoidable 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.
[Amended 10-20-2003 by L.L. No. 2-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
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 not exceeding 15 days, or by both such fine
and imprisonment. In the event that avoidable alarms are transmitted
to the Fire Department, the Code Enforcement Officer will issue an
appearance ticket returnable in Town Justice Court, subjecting the
owner or occupant of the premises to the following fines:
A.Â
For the third avoidable alarm within one year of the
first avoidable alarm, the owner shall be subject to a fine of $200.
B.Â
For the fourth avoidable alarm within one year of
the first avoidable alarm, the owner shall be subject to a fine of
$300.
C.Â
For each avoidable alarm thereafter within one year
of the first avoidable alarm, the owner shall be subject to a fine
of $500.
