[HISTORY: Adopted by the Board of Trustees of Cuba Village 1-13-1992 by L.L. No.
1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 105.
This chapter shall be known as the "Local Law Regulating Alarm
Systems in the Village of Cuba."
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the Village
of Cuba Village by reducing the number of avoidable alarms to emergency
agencies. Avoidable alarms contribute to ineffective utilization of
public safety, manpower and equipment. In additional, 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 police, fire communications and ambulance facilities
will be available to dispatch police, fire and ambulance personnel
for actual emergencies and to alleviate the nuisance of audible alarms
in the Village. Another purpose of this chapter is to provide the
Village with the names of responsible people to contact in the case
of activation of an alarm.
As used in this chapter, the following terms shall have the
meanings indicated:
The written authorization of the license authority granted
to any person, business, firm, corporation or other entity to install,
maintain or cause to be installed or maintained in his/her place of
residence or business any police, fire or medical emergency alarm
device, devices or system of police, fire or medical emergency alarm
devices as an alarm system.
A device or an assembly of equipment which emits an audible
response which is intended to alert persons outside a premises or
individual living area or apartment to the existence of a hazard or
emergency or which is intended to alert emergency agencies by automatically
dialing an emergency agency or which is connected to a private answering
point for the purpose of reporting such alarms to emergency agencies
or which is directly connected to the emergency communications center
or other emergency agency.
Any person who owns, leases or uses an alarm system within
the Village of Cuba Village, except for a person whose alarm system
is on a motor vehicle or is a proprietary system. If, however, an
alarm system on a motor vehicle is connected with an alarm system
at a premises (other than a proprietary system) in the Village of
Cuba Village, the person using such system is an "alarm user."
Any police, fire or emergency medical alarm device which
is a telephone device or telephone attachment that automatically or
electronically transmits a signal to preselected telephone lines connected
to a central alarm station or police headquarters and reproduces a
prerecorded message to report a criminal act or other emergency requiring
police, fire or medical emergency response.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, false alarm or the negligence
of the owner, user, custodian or lessee of an alarm system or of his/her
employees or agents or through any other cause which, through direct
connection to an emergency agency or through notification of an emergency
agency by a private answering point or automatic dialing device or
through notification to an emergency agency by any second party or
means indicates that an emergency situation exists requiring response
within the Village 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. An "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 the alarm system. Activation of an alarm
system under any circumstances which the activator reasonably believes
that an emergency situation exists is not an "avoidable alarm." Notwithstanding
any language to the contrary, the defective installation of an alarm
system, the failure to repair or cause to be repaired an alarm system
or the use of defective equipment in connection with an alarm system
shall not constitute an extraordinary circumstance beyond the reasonable
control of the alarm user.
Any facility operated by a private firm that owns or leases
a system of police, fire or medical emergency alarm devices, which
facility is manned by operators who receive, record or validate alarm
signals to the Police Department or Fire Department when appropriate.
Any Police Department, Fire Department or other law enforcement
agency or ambulance company (public or private) or other agency summoned
to respond to an emergency situation and any public safety answering
point serving the Village of Cuba Village.
The Village of Cuba Village.
The office of the Clerk of the Village of Cuba Village.
A signaling system which, when activated, causes an audible
signaling device to be activated outside the premises, individual
living area or apartment within which the system is installed.
The address which an alarm user designates on the application
for a permit as the address to which notices are to be sent.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
A business which offers the service of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
An alarm, sounding and/or recording within the premises,
individual living area or apartment protected by the alarm which is
not intended to alert persons outside of the premises or individual
living area or apartment in which the alarm system is located of a
possible hazard and not intended to alert an emergency agency; the
control center being under the supervision of the proprietor of the
protected premises. If a "proprietary system" includes a signal line
connected directly or by means of an automatic device to an emergency
agency or to a private answering point or to a local alarm system,
it thereby becomes an alarm system as defined in this chapter.
Any device which, when activated by fire or smoke or other
emergency, is designed to alert only the occupants of the building
in which the "smoke and/or heat detectors" are installed of said emergency.
The Village of Cuba Village.
A.
The provisions of this chapter shall not apply to proprietary systems.
B.
Permits shall be required for alarm systems located in buildings
of federal, state or local governmental agencies or authorities or
in public or private elementary schools, but said alarm systems shall
be exempt from the permit fee, and said alarms shall be subject to
the fines and penalties herein provided for avoidable alarms.
No person shall own, use, lease, operate or maintain an alarm
system, other than a proprietary system, within the Village of Cuba
Village unless such person shall have first obtained from the licensing
office a permit for such alarm, as herein provided.
A.
In order to obtain an alarm user permit, any person who operates
an alarm system shall submit an application for such permit in the
form designated by the Village, which application shall contain the
following:
(1)
The name, home address and telephone number of the person applying
for the permit.
(2)
The address of the premises upon which the alarm system is or will
be located.
(3)
The address to which notices required under this chapter shall be
sent.
(4)
The type of alarm system for which the permit is sought.
(5)
The name of the alarm business or businesses selling, installing,
monitoring, inspecting, responding to and/or maintaining the alarm
system, if applicable.
(6)
The name, address and telephone number of two or more persons who
can be reached at any time and who are authorized by the owner of
the premises in which the system is installed to open the premises
and will be present at the premises any time an emergency agency responds
to an alarm system.
(7)
The plan for safely silencing a local alarm system as soon as possible.
(8)
Any other information relating to the alarm system or user as the
Village may require.
B.
The information required on the permit application shall be treated
as confidential and shall not be made available to members of the
general public. The Village Board finds that the release of such information
would constitute an unwarranted invasion of personal privacy and could
endanger the life or safety of persons at the premises where an alarm
system is located. The information on a permit application shall be
used only for public safety purposes.
A.
Every application for an alarm user permit shall be accompanied by
a fee as set forth from time to time by resolution of the Board of
Trustees.[1]
B.
Upon the receipt of a properly executed permit application, the licensing
officer shall issue an alarm user permit to the applicant. Alarm user
permits shall not be transferable, shall be kept on the premises where
the alarm system is located and shall be made available for inspection
by emergency agency officers.
An alarm user permit shall expire on April 30 next following
its date of issuance.
A.
Subject to the provisions of this chapter and upon the payment of the appropriate renewal fee as stipulated in Subsection B hereof and the excessive use fee, if any, an alarm user permit may be renewed by the alarm user.
C.
No renewal of a permit shall be granted unless the appropriate renewal
fee is submitted with the application.
The alarm user shall be notified, in writing, by means of first-class
mail sent to the notice address listed on the permit application,
when an alarm user has had three avoidable alarms during the permit
year. The notice shall inform the alarm user that additional avoidable
alarms will subject the alarm user to the excessive use fee as specified
in this chapter for each additional avoidable alarm. At the end of
the permit year, each alarm user shall be notified of the number of
avoidable alarms incurred during the preceding year and the amount
to be charged for the renewal of the alarm user permit, as well as
the amount due for the previous year's excessive use fee. The
notice shall be in writing, and shall be sent by first-class mail
to the notice address listed on the application. All moneys shall
be due within 30 days from the date the notice was mailed.
Fees for excessive use shall be as set forth from time to time
by resolution of the Board of Trustees.
An alarm user permit shall be revoked whenever 10 or more avoidable alarms are recorded for a system in any one permit year. Notice of such revocation shall be sent via first-class mail to the notice address listed on the permit application at least 15 days before the revocation takes effect. The alarm user may reinstate a revoked permit by the payment of the excessive use fee for each avoidable alarm in excess of three (the excessive use fee shall be as specified in § 70-11 of this chapter) and by submission of proof that modifications have been made to the alarm system or other steps have been effected so as to reduce the number of avoidable alarms. An alarm user permit shall not be revoked under this section if said alarm system is required by federal, state or local law. However, all other provisions of this chapter shall apply to such systems, and the user thereof shall remain responsible for the payment of all authorized fees.
Any emergency agency as herein defined desiring to initiate
enforcement of this chapter against an alarm user who has generated
avoidable alarms shall comply with the following requirements:
A.
The emergency agency shall send to the licensing office an alarm incident report containing the information required in § 70-14 within seven days of the alarm call.
B.
A copy of the avoidable alarm incident report shall be mailed by
the emergency agency, via first-class mail, to the alarm user to the
notice address listed on the permit application.
C.
An alarm user receiving a notice of an avoidable alarm may challenge
such classification by notifying the emergency agent, in writing,
specifying in detail the reasons why the alleged avoidable alarm should
not be so classified. The challenging notice must be received by the
emergency agency within 20 days after notification to the alarm user.
A hearing may be requested by the alarm user with the notice. The
failure to give timely notice shall be deemed a waiver of the right
to challenge the classification. The hearing shall be before a hearing
officer appointed by the Cuba Village Mayor.
D.
Within a reasonable time, but not more than 45 days after receipt
of a notice from an alarm user challenging the classification of an
alarm as an avoidable alarm, the emergency agency shall make a final
determination, which shall be reviewable by the Village Board.
E.
Within 10 days after a final determination has been made by the emergency
agency and/or Village Board, a copy thereof shall be filed with the
licensing office and a copy mailed or otherwise given to the alarm
user.
Whenever an emergency agency files an avoidable alarm report,
such report shall contain the following information:
Alarm systems which are interconnected or otherwise transmit
signals directly to the emergency communications center shall be subject
to the laws, rules, regulations and penalties adopted by the County
of Allegany relating to such systems.
A.
All local alarm systems shall become deactivated and silenced after
a period of 15 minutes unless the local alarm system can be safely
silenced sooner.
B.
Police and/or fire officials may disable an audible alarm signal
that has not been silenced prior to the expiration of the fifteen-minute
period and shall not be liable for any damage that may result.
In addition to any other fees or penalties provided for in this chapter, a violation of § 70-5 of this chapter shall be deemed an offense and shall be punishable by a mandatory fine of $250 or 15 days' imprisonment, or both; provided, however, that no person shall be charged with such offense until 15 days after notice to said person that he/she is required to obtain an alarm user permit; and further provided that no charge shall be filed against a person so notified if he/she obtains a permit during said fifteen-day period. A person found guilty of violating § 70-5 shall not be excused from obtaining the required permit.
All alarm permit fees and false alarm charges shall be paid
to the licensing authority.
It shall be the duty of the licensing office to maintain a record
of alarm permits issued and to make a monthly report of the same to
the Chief of Police.
The provisions and requirements of this chapter shall apply
to all persons who are alarm users on the effective date of this chapter
and to all persons who subsequently become alarm users.
