§ 65-6. Avoidable alarms.

A. 

General provisions.

(1) 

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 of his employees, requiring an emergency response when, in fact, an emergency does not exist constitutes an avoidable alarm. An avoidable alarm also includes intentional activation of an alarm system when the activator knows an emergency situation does not exist.

(2) 

An avoidable alarm does not include alarms activated by violent conditions of nature or similar cases beyond the control of the user, owner or operator of the alarm system. The activation of an alarm system under any circumstances in which the activator reasonably believes that an emergency situation exists shall not be deemed to be an avoidable alarm.

B. 

Charges. An owner or lessee of real property to which an emergency agency responds as a result of an avoidable alarm shall pay a fee for each such response in each calendar year as follows:

(1) 

Police Department response:

(a) 

First through third avoidable alarm response: no charge.

(b) 

Fourth and fifth avoidable alarm responses: $50 for each.

(c) 

Sixth and over avoidable alarm responses: $100 for each.

(2) 

Fire District response:

(a) 

First avoidable alarm response: no charge.

(b) 

Second through fourth avoidable alarm responses: $50.

(c) 

Sixth and over avoidable alarm responses: $100 for each.

C. 

Notice of excessive use. The owner or lessee of real property which received an emergency response by reason of an avoidable alarm shall be notified, in writing, by means of first class mail, of all avoidable alarms, up to three police alarms and/or one fire alarm in a calendar year. The letter shall inform the owner or lessee of the times and types of emergency responses provided to the address location and shall contain with a copy of this Alarm Code.

D. 

Administrative review. The Chief of Police and the Fire Inspector shall establish a policy and procedures whereby an owner of real property or lessee thereof on which an alarm system has been installed and who has been notified of an avoidable alarm may present evidence as to why any such alarm should not be classified as an avoidable alarm. The Chief of Police and the Fire Inspector shall designate members of their Departments, not to exceed five in total, to receive such evidence and make recommendations and findings of fact concerning such classification. The Chief of Police and Fire Inspector shall make the final determination concerning a classification, which determination shall be reviewed only pursuant to procedures under Article 78 of the Civil Practice Law and Rules. To challenge the classification of an alarm as an avoidable alarm, the real property owner or lessee thereof shall, in writing, notify the Chief of Police and/or the Fire Inspector within 20 days after receipt of notice of the avoidable alarm. The failure to give timely notice shall be deemed a waiver of the right to review the determination.

E. 

Payment of charges. Avoidable alarm charges shall be paid to the Town Clerk of the Town of Hamburg at S-6100 South Park Avenue, Hamburg, New York 14075.

F. 

Failure to remit fee. Failure of a real property owner or lessee of property on which an alarm system is installed to pay the avoidable alarm charge within 30 days from notice of the amount due shall be served with a summons and shall be deemed in violation of this code.