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A. No alarm system shall have an automatic dialer feature or other type of alarm alter which connects automatically to the enhanced 911 emergency telephone system. B. There shall be no automatic alarm system with direct communication of any type to an emergency agency without prior written authorization from the emergency agency where the alarms terminate. § 46-6. Avoidable alarms. A. General provisions. (1) The activation of an alarm system, through mechanical failure, malfunction, activation or deactivation errors, misuse, 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 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. It shall be the burden of the activator, owner, user, lessee, or operator to prove that an emergency existed in the event of an avoidable alarm. B. Charges. Except as limited below, 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 by each responding department (e.g., police, fire district, ambulance service) in each calender year to the Town of West Seneca as follows: (1) Police Department response: (a) First through third avoidable alarm responses: no charge. (b) Fourth and fifth, inclusive, avoidable alarm responses: one hundred fifty dollars ($150.00) for each alarm. (c) Sixth to tenth, inclusive, Sixth and over avoidable alarm responses: three one hundred dollars ($300.00) for each alarm. (d) More than ten avoidable alarm responses within one year of the date of the first avoidable alarm: Five Hundred dollars ($500.00) for each avoidable alarm beyond ten (10) (2) Fire District response: (a) First through third avoidable alarm responses: no charge. (b) Fourth and fifth avoidable alarm responses: one hundred fifty dollars ($150.00) for each additional alarm. Page 21 of 253