[HISTORY: Adopted by the Town Board of the Town of Mendon 4-24-1995 by L.L. No.
1-1995 (Ch. 99 of the 1994 Code). Amendments noted
where applicable.]
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the Town of
Mendon 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.
For the purpose of this chapter, certain words and phrases shall
be construed herein as set forth in this section:
The activation of a fire alarm system through mechanical
failure, malfunction, improper installation or the negligence of the
owner, user, custodian or lessee of a fire alarm system or his employees
or agents or through any other cause which, through direct connection
to an emergency agency, or which, through notification of an emergency
agency by a private answering point of automatic dialing device, or
which, through notification to an emergency agency by any other second-party
means, indicates that an emergency situation exists requiring an emergency
response within the Town of Mendon, 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 similar cause beyond
the control of the user of an alarm system. Activation of a fire alarm
system under any circumstances in which the activator reasonably believes
that an emergency situation exists is not an avoidable alarm.
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.
The Fire Marshal or any Code Enforcement Officer of the Town.
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
a fire alarm system.
A.
The Fire Marshal shall obtain on a weekly basis from the Fire Department
the avoidable alarms received by the Fire Department.
B.
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.
C.
The Fire Marshal shall maintain a file of all such written notices
to owners concerning the first avoidable alarm.
[Amended 10-15-2018 by L.L. No. 3-2018]
A.
For the second avoidable alarm within two years of the first avoidable
alarm, the owner shall be subject to a fine of $100.
B.
For the third avoidable alarm within two years of the first avoidable
alarm, the owner shall be subject to a fine of $200.
C.
For each avoidable alarm thereafter within two years of the first
avoidable alarm, the owner shall be subject to a fine of $300.
D.
The Fire Marshal shall issue appearance tickets to owners in violation
of this chapter.
[Amended 10-15-2018 by L.L. No. 3-2018]
No fire alarm system shall be installed in any building in the
Town of Mendon without having been issued previously a permit by the
Town Code Enforcement Officer authorizing such installation.
