[HISTORY: Adopted by the Town Board of the Town of Farmington 7-25-1989
by L.L. No. 6-1989 (Ch. 2 of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 61.
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the Town of Farmington 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 delay responses to genuine emergencies. This chapter seeks
to ensure that fire and police communications facilities will be available
to dispatch personnel for actual emergencies and to alleviate the nuisance
of audible alarms to the surrounding community.
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:
A person who perfects an appeal pursuant to this chapter.
A device designed for the detection of fire which generates an audible
sound on the premises when it is activated.
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence of the owner, user, custodian or lessee
of alarm system or his employee or agent or through any other cause or which,
through direct connection to an emergency agency or which, through notification
of any 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 Town of Farmington 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 circumstances
in which the activator reasonably believes an emergency situation exists is
not an avoidable alarm. Notwithstanding the above, the term "false alarm"
shall not mean an alarm purposely generated by the owner of a structure for
purposes of testing the effectiveness of said alarm, provided that the appropriate
fire and police agencies shall have first been given five days' prior written
notice of the date, time and location of such test.
The Building Inspector of the Town of Farmington or his deputy. It
shall also include the Code Enforcement Officer of the Town or his deputy.
Calendar day.
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 services, audible alarms and proprietor alarms. Devices which are
not designed or used to register alarms that are audible, visible or perceptible
outside the protected building, structure or facility are not included within
this definition, nor are auxiliary devices installed by a telephone company
or cable television company to protect its systems which might be damaged
or disrupted by this use of an alarm system.
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 the United States Postal Service.
Any person who owns, leases, contracts for or otherwise obtains an
alarm system. A person or entity may be both a subscriber and an alarm business.
Any device installed in or on any structure within the Town of Farmington
for the purpose of detecting the presence of an intruder or of smoke or fire
and which is capable of communicating an alarm or signal by electronic, telephonic
or other direct means to a receiver maintained by any fire or police agency
or by any state or local government or by any agency or subdivision thereof.
The Town of Farmington.
A.
Alarm system standards and regulations. The Town may
prescribe minimum standards and regulations for the construction or maintenance
of all alarm systems installed within the Town. These standards and regulations
shall become effective upon adoption thereof by local law.
B.
Audible alarm notice requirement. Every person maintaining
an audible alarm shall post a notice containing the names and telephone numbers
of the persons to be notified to render repairs or service and secure the
premises during any hour of the day or night if the alarm is activated. Such
notice shall be posted near the alarm in such a position as to be legible
from the ground level adjacent to the building where the alarm system is located.
In lieu thereof, such person may maintain such information with the Building
Inspector.
C.
Each audible alarm shall be designed so as to terminate
its alarm within 15 minutes from its initiation. Fire Department officers
or any peace officers may disable an audible alarm that has not been silenced
after such fifteen-minute period, and neither such officials nor the Town
shall be liable for any damage that may result.
A.
The following shall constitute violation of this chapter:
(1)
The violation of any of the provisions of the local law.
(2)
The failure to comply with standards or regulations adopted
pursuant to local law.
(3)
Where his fire alarm system activates excessive avoidable
alarms and thereby constitutes a public nuisance, which shall be deemed to
be three avoidable alarms in any one-hundred-eighty-day period, hereby deemed
and determined to be excessive avoidable alarms and a public nuisance.
(4)
A subscriber has failed to notify the appropriate fire
and police agencies and any party who would receive direct communication of
an alarm prior to any service, test, repair, maintenance, adjustment, alteration
or installation which might activate an avoidable alarm.
B.
Any alarm activated where such prior notice has been
given shall not constitute an avoidable alarm.
A.
If the Building Inspector shall find any violation of
this chapter, he shall have the authority to order the correction of such
violation within a time period designated by such order. If the violation
has not been corrected within the time set forth, he shall have the authority
to issue an appearance ticket charging the violation, mandating the person
so served to appear before a Town Justice to answer said charges.
B.
In addition to the penalties provided by law as set forth
in this chapter, appropriate proceedings may be brought in the name of the
Town to enjoin and restrain the continued violation of the law.
A.
Punishment. A violation of this chapter shall be a violation
punishable by a fine not to exceed $250 or imprisonment for a term not to
exceed 15 days, or both.
B.
Penalties. In addition to other provisions of this chapter,
persons in violation thereof shall be liable for civil penalties as follows:
C.
Enforcement All remedies shall be cumulative, and the
use of one or more remedies by the Town shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this chapter. The amount
of any civil penalty shall be deemed a debt to the Town.
