Village of Old Brookville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. 154.

§ 30-1 Purpose and objectives.

The purpose of this chapter is to provide regulations and standards applicable to alarm systems and alarm users so as to reduce the incidence of false burglar and fire alarms, maximize the efficient use of police personnel and resources and provide efficient police protection to the Village residents.

§ 30-2 Definitions.

For the purpose of this chapter, the following definitions shall apply:
ALARM SYSTEM
Includes any combination of components which is used to transmit a signal directly or indirectly to the Police Department or Fire Department. Any alarm device which, when activated, causes a response by the Police Department or Fire Department shall be deemed to be an alarm system.
ALARM SYSTEM INSTALLATION
The installation, replacement or significant modification of an alarm system. An expenditure of over $500 for modification of an existing alarm system shall be deemed to be a significant modification of said system.
ALARM USER
Any person or commercial entity who or which owns, rents or otherwise occupies any structure or premises on which an alarm system is owned, operated, used or maintained or permitted to be used or maintained.
APPROVED ALARM SYSTEM
An alarm system that incorporates the following features and meets with the below requirements:
A. 
It has the approval of the Police or Fire Department as to the stability and quality of all devices, equipment and hardware and the approval of Underwriters' Laboratories, Inc.
B. 
It has an exterior or interior audible signal which can be clearly heard in all portions of the protected structure when the alarm system is automatically activated. An audible signal is not required for alarm systems that are intentionally activated by a panic button or a similar device specifically designed to enable an alarm user to intentionally activate the alarm system.
C. 
If an alarm system has an audible outdoor alarm signal, it must automatically terminate within 15 minutes of activation.
D. 
It will not transmit more than two alarm messages upon a single activation to the Police Department or Fire Department (if applicable). The limitation of two messages shall include messages transmitted by recorded or taped devices.
E. 
An automatic dialer (if applicable) shall be programmed to dial a Police Department or Fire Department approved telephone number for alarm systems. Under no circumstances shall any alarm system be programmed to dial 911 or 626-1300.
F. 
It contains a thirty-second time lapse between initial activation of the alarm system and transmission of the alarm signal to the Police Department or Fire Department or central alarm station, with an abort feature or alternate means of canceling the alarm signal within the thirty-second period. An abort feature shall not be required for devices specifically designed to enable an alarm user to intentionally activate the alarm system.
G. 
It contains such other technical features or requirements as shall be provided in the rules and regulations governing alarms systems as shall hereafter be duly approved and promulgated by the Old Brookville Board of Police Commissioners for burglar alarms and the Fire Department for fire alarms.
H. 
An alarm user permit has been issued for the alarm system.
BOARD OF TRUSTEES
The Board of Trustees of the Village of Old Brookville.
CENTRAL ALARM STATION
An alarm facility which receives, records or validates alarm signals and/or relays information to the Police Department or Fire Department. Any commercial entity that provides central alarm station services to premises in the Village shall be considered an alarm facility subject to the regulatory and penalty provisions of this chapter.
FALSE ALARM
Includes any message or signal which is transmitted directly or indirectly to the Police Department or Fire Department to which the Police Department or Fire Department responds and which signal or message is not the result of a criminal offense, fire or other emergency. The transmitting of a message or signal due to an equipment malfunction shall be deemed to be a false alarm and not an emergency.
FIRE DEPARTMENT
Glenwood Hook & Ladder, Engine and Hose Company, Inc.
POLICE DEPARTMENT
The Old Brookville Police Department.
VILLAGE
The Village of Old Brookville.
VILLAGE JUSTICE COURT
The Village Justice Court of the Village of Old Brookville.

§ 30-3 Violations.

It shall be a violation of this chapter:
A. 
For any alarm user to permit, allow or undertake the installation of an alarm system in the Village which is not an approved alarm system or for which a valid alarm installation permit has not been issued.
B. 
For any alarm user to operate or permit or allow the operation of an alarm system in the Village which is not an approved alarm system or one for which an alarm user permit has not been issued.
C. 
For any person to fail to pay a false burglar or fire alarm charge within 30 days after receiving notice to pay such charge.

§ 30-4 Permits.

A. 
Alarm installation permit. Application for a burglar or fire alarm installation permit shall be filed with the Police Department or Fire Department, respectively, on the approved form and accompanied by installation specifications and plans and the alarm user permit fee. An alarm installation permit shall be obtained prior to installing any alarm systems.
B. 
Alarm user permit. After the required alarm user permit fee has been paid and the Police Department or Fire Department is satisfied that the alarm system complies with the requirements of this chapter and the rules and regulations, the Police Department or Fire Department shall issue an alarm user permit. An alarm system shall not be operated until an alarm user permit has been issued for the alarm system.
C. 
Permit period.
(1) 
An alarm installation permit shall be valid for 90 days after issuance.
(2) 
An alarm user permit shall expire when an alarm system is replaced or significantly modified or when a change in ownership of the premises occurs.
D. 
Renewal of permits. Alarm user permits may be renewed upon filing a renewal application with the Police Department or Fire Department and payment of the appropriate permit fee, provided that:
(1) 
All fines and charges for violating any provision of this chapter have been paid;
(2) 
There is full compliance with all rules, regulations and provisions of this chapter; and
(3) 
There are no existing unremedied violations of this chapter or of the rules and regulations.

§ 30-5 Fees.

A. 
The Police Department or Fire Department shall change, collect and retain the processing fees set forth in § 154-7D of Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville. Only one fee shall be charged for an alarm system which has combined burglar and fire alarm feature.
B. 
For new installations or significant modifications to an existing alarm system, an alarm installation permit shall be issued free of charge when the alarm user permit has been paid.
C. 
No refunds or permit fees shall be made. A new permit fee must be paid to reinstate any revoked permit.

§ 30-6 Inspections.

A. 
After a recurring problem of false burglar or fire alarms at the premises, a representative of the Police Department or Fire Department, upon reasonable notice, shall be permitted to inspect and test an alarm system or alarm system installation. If permission to inspect is refused, it shall be grounds for revocation of the alarm user permit.
B. 
If an inspection reveals any violations of or noncompliance with the provisions of this chapter or the rules and regulations, a written report shall be promptly mailed to the alarm user. Within 30 days after receipt of such report, the alarm user shall take corrective action so that the alarm system complies with the provisions of this chapter and the rules and regulations. If the alarm user fails to bring his alarm system into compliance, it shall be grounds for revocation of the alarm user's permit. The alarm user may, upon good cause, be granted a reasonable extension of time by the Chief of Police or Fire Chief to correct or remedy such violation.

§ 30-7 Response to activated alarm system.

A. 
If a burglar or fire alarm is transmitted from premises for which no alarm user permit is currently in effect, the Police Department or Fire Department shall not be required to respond to said alarm signal, and the occupant(s) and owner(s) of the premises shall be in violation of this chapter.
B. 
If an alarm system is activated and the premises are unoccupied, the police shall be authorized to enter the premises to investigate the alarm and make any adjustments to the alarm system, including disconnection of the audible alarm signal to terminate a nuisance condition. The Police Department or Fire Department shall notify the alarm user as soon thereafter as practical to indicate the adjustments made to the alarm system.

§ 30-8 Denial, suspension or revocation of permit.

A. 
The Chief of Police or Fire Chief, in compliance with the requirements of Subsection D, may deny, suspend or revoke a permit on any of the following grounds:
(1) 
False statement or willful and knowing misrepresentation made in a permit application;
(2) 
Failure to comply with any lawful order or notice issued by the Chief of Police or Fire Chief;
(3) 
Repetitive or flagrant violation of the provisions of this chapter or the rules and regulations;
(4) 
Failure to correct any deficiencies in equipment, procedures or operations within 30 days of receipt notice; or
(5) 
The activation of more than 10 false alarms within a one-year period.
B. 
Any permit issued hereunder shall be surrendered to the Police Department or Fire department upon the revocation, suspension or expiration of such permit.
C. 
The cost of disconnecting any alarm system with the Police Department or Fire Department shall be the responsibility of the alarm user whose alarm permit has been revoked, suspended or expired.
D. 
The Chief of Police or Fire Chief may deny, suspend or revoke any permit for a violation of this chapter or any rule and regulation. Such denial, suspension or revocation shall become effective 30 days after written notice thereof is mailed to the violator by certified mail, return receipt requested. Within the thirty-day period, the permittee may appeal the Police Chief's action to the Board of Police Commissioners and, in regard to the Fire Chief's action, appeal to the Board of Trustees, which shall have the power to stay, affirm, reverse or modify the action of the Chief of Police or Fire Chief as the case may be.

§ 30-9 False alarm charges.

A. 
Alarm user charge. An alarm user shall pay to the Village the below-noted charge for each and every false alarm in each calendar year as follows:
(1) 
For each of the first two false alarms: no charge.
(2) 
For the third false alarm: $50.
(3) 
For each additional false alarm: $100.
B. 
New alarm system installations will be permitted two nonchargeable false alarms during a ninety-day period after installation of the alarm system.
C. 
False alarm charge notification procedure. Whenever an alarm user has a chargeable false alarm in any calendar year, the Village Clerk shall mail a notice requesting payment by certified mail, return receipt requested. If payment is not received by the Village within 30 days from the date of the mailing or from the date of refusal (if the alarm user refuses delivery of the notice), it shall be deemed a violation of this chapter.
D. 
The monetary charge shall become the property of the Village 30 days after its payment to the Village, unless, before the end of the thirty-day period, the alarm user submits a written request to the Chief of Police or Fire Chief for review of the charge. If the Chief of Police or Fire Chief sustains the charge, the alarm user may appeal such action to the Board of Police Commissioners and in the case of a fire alarm to the Board of Trustees within 15 days after receiving written notice of the same. The Board of Police Commissioners shall have the power to affirm, reverse or modify the actions of the Chief of Police. The Board of Trustees shall have the power to affirm, reverse or modify the actions of the Fire Chief.

§ 30-10 Rules and regulations.

The Board of Police Commissioners, in the case of burglar alarms, and the Board of Trustees, in the case of fire alarms, after a duly noticed public hearing, may promulgate rules, regulations and standards to ensure the quality, efficiency and effectiveness of the enforcement, interpretation and implementation of this chapter.

§ 30-11 Disclaimer and liability.

A. 
Notwithstanding the payment of any permit fee, the issuance of any permit or inspection and approval by the Police Department or Fire Department of an alarm system, the Police Department or Fire Department and the Village, including their agents and employees, make no representation and shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of an alarm system installation or of the operation of a central alarm station, nor do they assume any liability whatsoever for any failure of any such alarm system or central alarm station or for failure to respond to any such alarm system or for any act of omission or commission involving an alarms system.
B. 
The foregoing subsection shall be printed conspicuously on all permits issued pursuant to this chapter.

§ 30-12 Existing alarm user permits.

A. 
An alarm user maintaining and operating an existing alarm system pursuant to a valid alarm user permit immediately prior to the effective date of this chapter shall be subject to all provisions of this chapter, except that such alarm user shall not be required to:
(1) 
Modify his alarm system to comply with this chapter's technical requirements for an approved alarm system; or
(2) 
Obtain or be required to renew an alarm user permit or pay an alarm user permit fee, provided that there is compliance with the regulations in force immediately prior to the effective date of this chapter.
B. 
Notwithstanding the provisions of Subsection A(1) and (2) immediately above, if an existing alarm user has three chargeable false alarms within any twelve-month period or if he replaces or significantly modifies his alarm system, said alarm user shall be subject to all provisions of this chapter and the rules and regulations, including but not limited to maintaining an approved alarm system, obtaining a new alarm user permit and paying the required permit fee as set forth in § 154-7D of Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville after receiving written notification from the Police Department.
C. 
An alarm user who has been charged with violating the provisions of the Village's burglar alarm regulations in force prior to the effective date of this chapter shall be governed by the provisions of said burglar alarm regulations and pay any false burglar alarm charges in accordance with such regulations.

§ 30-13 Penalties for offenses.

Any person who violates or fails to comply with § 30-3 or 30-7 of this chapter shall commit a violation as defined in the New York State Penal Law, which shall be punishable as provided in Chapter 1, General Provisions, of the Code of the Village of Old Brookville.