§ 6-7. 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) 

Avoidable alarm does not include alarms activated by violent conditions of nature or similar causes 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 avoidable alarm shall pay a fee for each such response in each calendar year as follows:

(1) 

Town of Amherst Police Department response:

(a) 

First through fifth avoidable alarm responses: no charge.

(b) 

Sixth through seventh avoidable alarm responses: $25 for each.

(c) 

Eighth and over avoidable alarm responses: $50 for each.

(2) 

Williamsville Fire Department response:

(a) 

First avoidable alarm response: no charge.

(b) 

Second avoidable alarm response: $50.

(c) 

Third 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 five 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 the Alarm Code.

D. 

Administrative review. The Town of Amherst Chief of Police and the Village of Williamsville Building 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 Town of Amherst Chief of Police and the Village of Williamsville Building 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 Town of Amherst Chief of Police and the Village of Williamsville Building Inspector shall make the final determination concerning a classification, which determination shall be reviewable only pursuant to procedures under Article 78 of the Civil Practice Law and Rules. To challenge the classification of any alarm as an avoidable alarm, the real property owner or lessee thereof shall, in writing, notify the Town of Amherst Chief of Police and/or the Village of Williamsville Building 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 Village Clerk of the Village of Williamsville at 5565 Main Street, Williamsville, New York 14221.

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 following notice of the amount due is a violation of this code.