[HISTORY: Adopted by the Town Board of the
Town of Bedford 5-18-1983; amended in its entirety 2-5-2004 by L.L.
No. 2-2004. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 83.
The Town of Bedford recognizes the need to regulate
the installation and use of emergency alarm systems designed to require
Police Department or Fire Department response, investigation and safeguarding
of property at the location of an event reported by such a signal.
It is the intent of this chapter to reduce in number false alarms
and to encourage the use and proper maintenance of reliable emergency
signal systems.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The authority designated by the Town Board for issuing permits
and licenses under this chapter and for making determinations regarding
violations of this chapter.
[Added 9-3-2019 by L.L.
No. 12-2019]
The Town of Bedford Town Board shall function as the Alarm
Appeals Board and shall be responsible for hearing appeals from determinations
of the Alarm Administrator.
[Added 9-3-2019 by L.L.
No. 12-2019]
The written authorization of the license authority granted
to any person to engage in the business of installing and/or servicing
police and fire alarm devices in the Town of Bedford.
Any business, firm, corporation or other commercial entity
which is in the business of owning, operating, maintaining, installing,
leasing or selling a police or fire alarm device or devices, which
business, firm, corporation or other commercial entity is, as owner,
operator, provider of maintenance service, installer, lessor or seller
of said device, devices or system of devices, subject to the license
requirements of this chapter.
The written authorization of the license authority granted
to any person, business, firm, corporation or other commercial entity
to install or cause to be installed in his or her place of residence
or business any police or fire alarm device, devices or system of
police or fire alarm devices.
Includes each person, business or entity owning, leasing
or otherwise having control over the premises where an alarm device
is used or installed.
[Added 9-3-2019 by L.L.
No. 12-2019]
Any facility operated by a private firm that owns or leases
a system of police or fire alarm devices, which facility is manned
by operators who receive, record or validate alarm signals and relay
information about such validated signals to the Police Department
or Fire Department when appropriate.
Any signal actuated by a police or fire alarm device, devices
or system of police or fire alarm devices which is not the result
of a natural disaster, act of God, a criminal act, fire or other emergency
requiring police or fire response. The term "false alarm" shall include
human error and equipment malfunction causing the alarm to be activated,
except when the owner or lessee of such equipment has telephoned or
otherwise informed the Police Department of a possible false alarm
to shortly ensue, resulting from equipment servicing, opening and/or
closing the establishment or residence, or similar activity.
A secure tamper-proof device with a lock operable only by
a Fire Department master key and containing building entry keys and
other keys that may be required for access in an emergency; must be
of a type approved by the Code Enforcement Official.[1]
[Added 4-6-2004 by L.L. No. 6-2004]
Any device which, when actuated by a criminal act, fire or
other emergency, transmits a prerecorded message or other signal by
telephone, radio, central alarm station or audible or visible signal
designed to cause any person within audible or visible range to notify
the Police Department or Fire Department, requiring their respective
emergency response.
[1]
Editor's Note: The former definition of "licensing authority,"
which immediately followed this definition, was repealed 9-3-2019
by L.L. No. 12-2019.
It shall be a violation of this chapter for
any automatic telephone-dialing device to be directly connected to
the emergency telephone lines of the Police Department or Fire Department.
Any such automatic telephone-dialing device may be connected to a
central alarm station, other answering service or to the Police Department
on the specified telephone line only.
It shall be a violation of this chapter for
any alarm devices other than a police or fire alarm device to be connected
to the Police Department or Fire Department. Any such other alarm
devices may be connected to a central alarm station or other answering
service for notification to appropriate repair service.
A.
Alarm license required. A Westchester County alarm license is required
for any business or person to engage in the business of installing
and/or servicing any police or fire alarm device. It shall be a violation
of this chapter for any business or person to engage in the business
of installing and/or servicing any police or fire alarm device without
having obtained the required license.
[Amended 9-3-2019 by L.L.
No. 12-2019]
B.
Alarm permit required. It shall be a violation of
this chapter for any owner or lessee of any police or fire alarm device
to install or cause to be installed the same in his or her place of
residence or business without having obtained an owner's alarm permit.
C.
It shall be a violation of this chapter for any owner or lessee of
any police or fire alarm device to maintain such installed device
after the expiration of the alarm permit.
[Added 9-3-2019 by L.L.
No. 12-2019]
[Amended 9-3-2019 by L.L. No. 12-2019]
A.
All
applications for an alarm permit, or any renewal thereof, shall be
submitted to the Alarm Administrator or Town Comptroller.
B.
Alarm permit. Said application shall include a description
of the police or fire alarm device, devices or system of police or
fire alarm devices installed or to be installed. All applications
and renewals having a history of one or more false alarms during the
previous 12 months thereof shall require certification that a maintenance
inspection by a licensed alarm agent has been conducted within the
previous 12 months. Renewal applications having a history of zero
false alarms during the previous 12 months shall be exempt from certification
of maintenance inspection.
[Amended 4-4-2007 by L.L.
No. 4-2007; 9-3-2019 by L.L. No. 12-2019]
The initial permit fee and renewal fee for an alarm permit shall
be set forth in the Town of Bedford Schedule of Fees.
Under no circumstances shall the cost of any
police or fire alarm device, devices or system of police or fire alarm
devices, including any connections to the Police Department or Fire
Department, and the maintenance of same be charged to the Town or
Fire Department. The owner or lessee shall be responsible for the
service of his or her equipment and for correcting any malfunction
of same that may occur. If the location of the Police Department or
Fire Department should be changed, the Town shall not be held responsible
for any expense incurred by the owner or lessee of such police or
fire alarm device, devices or system of police or fire alarm devices
for moving or reconnecting to the relocated Police Department or Fire
Department. Direct connection to the fire district fire alarm lines
shall be as regulated by the Fire Commissioners of each district.
[Amended 4-6-2004 by L.L. No. 6-2004; 4-4-2007 by L.L. No. 4-2007; 9-3-2019 by L.L. No. 12-2019]
A.
The Alarm Administrator of the Town of Bedford shall cause to be
kept an up-to-date and accurate log of all false alarms occurring
in the Town and shall provide the alarm user written notice of any
false alarm at the address set forth on the alarm permit application.
Any owner or lessee of property having a police or fire alarm device,
devices or system of police or fire devices on his or its premises
shall pay to the Town a charge for each and every false alarm occurring
on his or its premises as set forth in the Town of Bedford Schedule
of Fees.
B.
In addition to the above charges, should more than six false alarms
occur at any one location while under the control of the same owner,
the Alarm Administrator may order the owner or lessee of same to disconnect
or dismantle or otherwise remove from the Police Department or Fire
Department and/or central alarm station any police or fire alarm device,
devices or system of police or fire alarm devices causing such false
alarms at no expense to the Town, and any refusal by the owner or
lessee to do the same shall be deemed a violation of this chapter,
subject to the penalties of this chapter. The designation of a false
alarm will be as determined by the Fire Department and reported to
the Police Department.
C.
Upon the third false alarm occurring at any one location during any
one calendar year while under the control of the same owner, the Alarm
Administrator may order the owner or lessee to provide certification
that a maintenance inspection by a licensed alarm agent has been conducted
to correct any and all deficiencies causing such false alarms.
D.
In addition to the above charges and remedies, any fire alarm system having three false alarms within one calendar year while under control of the same owner shall be required to install a key box. This will provide Fire Department personnel with a safer and proper means of access to the building. The owner must contact the Town of Bedford Building Department for the installation of the key box as provided in Chapter 59, § 59-16G of this Code.
[Amended 9-3-2019 by L.L. No. 12-2019]
The Alarm Administrator, or his or her designee, is hereby authorized
to grant revocable alarm licenses and alarm permits, pursuant to rules
and regulations promulgated by the Town of Bedford or its duly authorized
representative. Such licenses and permits may be revoked for good
cause shown. The Alarm Administrator, or his or her designee, is authorized
to prescribe the location and the manner of installation of private
and regular business telephone lines into the Police Department or
Fire Department from a central alarm station for the express purpose
of providing direct telephone communication between a central alarm
station and the Police Department or Fire Department for use in reporting
emergencies. The Alarm Administrator, or his or her designee, is further
authorized to prescribe the location and the manner of installation
of all cabinets, accessories, connections and equipment of an approved
direct alarm system where the visible and audible signals therefrom
may be readily seen and heard by police or fire personnel. The Alarm
Administrator shall administer and enforce the provisions of this
chapter and any rules and regulations promulgated by the Town Board
in accordance with the provisions of this chapter.
The Town Board or its duly authorized representative
is hereby empowered to promulgate reasonable rules, regulations and
standards that may be necessary for the purpose of assuring the proper
implementation of the provisions of this chapter. Said rules and regulations
shall be set forth in writing, and copies shall be available for applicants.
[Amended 9-3-2019 by L.L. No. 12-2019]
All police and fire alarm license and permit
fees and false alarm charges shall be collected by the Alarm Administrator.
[Amended 9-3-2019 by L.L. No. 12-2019]
It shall be the duty of the Town Clerk and/or
Alarm Administrator to receive fees and charges and to keep a record
thereof.
None of the provisions of this chapter shall
apply to a police alarm device, devices or system of devices installed
in a motor vehicle or trailer or to employees of a public utility
company engaged in the business of providing communications services
or facilities.
The Town of Bedford shall take every reasonable
precaution to assure that emergency alarm signals and prerecorded
alarm messages received by the Town are given appropriate and immediate
attention. Nevertheless, the Town shall not be liable for any defects
in operation of emergency alarm systems, for any failure to respond
appropriately on any emergency alarm signal, or for the transmission
of alarm signals or messages or the relaying of such signals or messages.
In the event that the Town finds it necessary to order the disconnection
or removal of a defective automatic or signaling device, the Town
shall incur no liability therefrom.
[Amended 9-3-2019 by L.L. No. 12-2019]
In addition to the charges and fees set forth in this chapter,
any person, business, firm, corporation or other commercial entity
who does not pay any fee or charge established in this chapter or
who violates any provisions of this chapter shall also be subject
to a fine not in excess of $250 or imprisonment for 15 days, or both,
for each offense. A separate offense shall be deemed committed upon
each day during which a violation occurs or is committed.
[Added 9-3-2019 by L.L.
No. 12-2019]
A.
Any alarm user who wishes to contest any charges or fees under this
chapter (hereinafter "appellant") must do so in writing to the Alarm
Administrator within 30 days after the date of the notice of such
charge. The appeal must include any defense to the charge and supporting
evidence, including but not limited to evidence that a false alarm
did not occur or that the charge imposed was not calculated correctly
and should be modified. The Alarm Administrator shall consider all
information submitted, shall afford each appellant contesting a charge
an opportunity for a hearing, if so requested and, after any such
hearing has been held or waived, shall reaffirm, rescind, or modify
the charge and notify the appellant of his/her decision in writing.
[Added 9-3-2019 by L.L.
No. 12-2019]
A.
The Town Board shall comprise and serve as the Alarm Appeals Board,
having the powers and duties granted to it under this chapter.
B.
The Alarm Appeals Board shall consider appeals from determinations
of the Alarm Administrator as herein provided. Upon receipt of a timely
appeal taken, the Alarm Appeals Board shall notify the appellant and
the Alarm Administrator of the date and time when a hearing will be
held on the appeal, unless the appellant shall waive his right to
a hearing, in which case the appeal shall be considered on the basis
of submitted information. Such notice shall be given not less than
10 days in advance of the scheduled hearing. Notices to an appellant
shall be given by certified mail, return receipt requested. The Alarm
Appeals Board may adopt such rules and procedures for the prosecution
of appeals and conduct of hearings as shall be proper and appropriate.
C.
On the basis of all evidence and information properly submitted or
introduced, the Alarm Appeals Board shall either affirm the action
of the Alarm Administrator if it finds such action to have been properly
taken, or it shall rescind or modify such action if it finds that
it was not properly taken or that the interests of justice so require.
Decisions of the Alarm Appeals Board shall be provided in writing.
D.
Review of any decision of the Alarm Appeals Board shall be taken
though an Article 78 proceeding within four months of the issuance
of such decision.
E.
Hearings of the Alarm Appeals Board shall be held not more often
than once each month at a time and place determined by the Alarm Appeals
Board.
[Added 9-3-2019 by L.L.
No. 12-2019]
A.
The Town may institute civil or other proceedings to enforce the
provisions of this chapter and the rules, regulations and orders promulgated
hereunder.
B.
The provisions for enforcement of this chapter relating to the collection
of fees, fines and penalties shall apply to all outstanding fees,
fines and penalties currently due and owing as of the effective date
of this amendment so long as appropriate notice is provided pursuant
to the provisions of this chapter.
[Added 9-3-2019 by L.L.
No. 12-2019]
If any charges or fees provided for under this chapter are not
paid within 30 days after notice is provided, and no further appeals
have been filed, the Town may, in addition to or in lieu of other
remedies, add such unpaid charges or fees as a lien against the property
on which such alarm system is located and recover same as a property
tax levy for the property on which such alarm system is located, to
be collected, bear interest, and be enforced as provided by law for
other property taxes.
