[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 2-15-1993 as L.L. No. 1-1993. Amendments noted where applicable.]

Noise -- See Ch. 114.

§ 55-1. Purpose.

It is the purpose of this chapter to protect and promote the health, safety, and general welfare of the residents of the Village of Honeoye Falls by reducing the number of avoidable alarms to emergency agencies. Avoidable alarms contribute to ineffective utilization of public safety, man power 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.

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§ 55-2. Definitions.

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section:

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 which, through direct connection to an emergency agency or through notification of an emergency agency by a private answering point or automatic dialing device or 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 Honeoye Falls 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 or 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."

FIRE ALARM SYSTEM -- Any mechanical or electrical device which is designed or used for the detection of fire and which emits a sound or transmits a signal or message when activated. "Fire 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.

FIRE MARSHAL -- The Fire Marshal or any Code Enforcement Officer of the village.

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.

OWNER -- Any person who owns, leases, contracts for or otherwise obtains a fire alarm system.

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§ 55-3. Avoidable alarms; notice to owner.

  1. The Fire Marshal shall obtain on a weekly basis from the Fire Department the avoidable alarms received by the Fire Department.
  2. The Fire Marshal shall notify the owner, in writing, of the fact of the avoidable alarm and that subsequent avoidable alarms will result in fines as provided in this chapter.
  3. The Fire Marshal shall maintain a file of all such written notices to owners concerning the first avoidable alarm.

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§ 55-4. Penalties for offenses.

  1. For the second and subsequent avoidable alarm within two (2) years, the owner shall be subject to a fine not to exceed two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both.
  2. The Fire Marshal shall issue appearance tickets to owners in violation of this chapter.

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