City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 8-1-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 149.

§ 77-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FALSE ALARM NOTIFICATION
An alarm notification to the Police Department, when there is no evidence of a criminal offense or attempted criminal offense. Excluded from this definition are:
A. 
Alarms occurring during severe electrical storms, hurricanes, tornadoes, blizzards and acts of God; or
B. 
The intermittent disruption or disruption of the telephone circuits beyond the control of the privately operated central station and/or alarm user; or
C. 
Electrical power disruption or failure.

§ 77-2 Permit required; application; fees; false statements; transferability.

A. 
A person commits a violation if he operates or causes to be operated an alarm system that results in a call to the Police Department without a valid permit issued by the Police Department. A separate permit shall be required for each alarm system.
B. 
The user of every alarm system maintained in the City of Beacon and those areas which contract with the City of Beacon, except those installed in motor vehicles, shall, prior to installation thereof, or within six months from the effective date of this section for existing alarm systems, apply for a permit from the Police Department.
C. 
Upon receipt of a completed permit application form and a nonrefundable permit fee as set forth in the City of Beacon fee schedule,[1] the Police Department shall issue an alarm permit to an applicant unless the applicant has:
[Amended 7-6-2010 by L.L. No. 10-2010]
(1) 
Failed to pay any penalty assessed pursuant to § 77-6B herein.
(2) 
Had an alarm permit for any alarm site revoked and the cause of such revocation has not been corrected.
[1]
Editor’s Note: The fee schedule is on file in the City offices.
D. 
Every permit for an alarm system shall include the following information:
(1) 
The name, address and telephone numbers of the person who shall be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees and assessments pursuant to this chapter.
(2) 
The classification of the alarm site as either nonresidential or residential.
(a) 
In the case of a nonresidential premises, the name, address and telephone number of an authorized representative and/or an alternative who will be able to respond when called by the Police Department to deactivate the alarm system, if necessary.
(b) 
In the case of a private residence, the name, address and telephone number of a person who is not a resident of the private residence in question and who will be able to deactivate the alarm system.
(3) 
For each alarm system located at the alarm site, the purpose of the alarm system, to wit: burglary, robbery or personal hostage or panic.
(4) 
Street address and the nearest cross street of the building which houses the alarm system.
(5) 
Any other information which the Police Department deems necessary for the enforcement of this chapter.
E. 
Any false statements made by an applicant in conjunction with the obtaining of an alarm permit shall be sufficient cause for refusal to issue a permit.
F. 
An alarm permit holder shall advise the Police Department of any changes in the information contained on the permit application.
G. 
An alarm permit may not be transferred to another person without the filing of a new permit application.

§ 77-3 Permit duration and renewal.

A permit shall expire three years from the date of issuance and shall be renewed for additional three-year periods by the submission of updated permit applications and permit renewal fees as required by § 77-2C. It shall be the responsibility of the permit holder to submit a renewal application prior to the permit expiration date. Failure to timely renew will classify the permit holder's alarm system as nonpermitted and shall subject the permit holder to the penalties provided in this chapter.

§ 77-4 False alarm notifications.

A. 
The holder of an alarm permit or the person in control of an alarm system shall be subject to warnings and/or suspension and/or revocation of an alarm permit contingent upon the number of false alarm notifications emitted from an alarm system within any three-month period in accordance with the following schedule:
False Alarm Notification
(per 24-hour period)
Action Taken
1
Warning letter
2
3
4
Final warning Letter
5
Revocation or loss of permit
B. 
Any person who operates a newly installed alarm system shall not be subject to false alarm notifications during the 30 days immediately following the completion of the installation to a maximum of three false alarm notifications, provided that an alarm permit has been issued by the Police Department.
C. 
Alarm activations occurring as a result of any of § 77-1A, B or C shall not be counted for the purposes of § 77-4A.
D. 
All residential alarm notifications must include an attempted telephone verification with a call back to the residence by the privately operated central station before the Police Department is notified.
E. 
The Police Department may revoke an alarm permit if it determines that:
(1) 
There is a false statement made in the application for a permit;
(2) 
The permit holder has violated any provision of this chapter;
(3) 
The permit holder has failed to make timely payment of any penalty fee pursuant to § 77-6B;
(4) 
A permit fee paid by an applicant by check is dishonored; or
(5) 
Five or more false alarm notifications have been emitted from the alarm site within any three-month period.
F. 
A person whose alarm permit has been revoked may be issued a new permit if the person:
[Amended 7-6-2010 by L.L. No. 10-2010]
(1) 
Submits an updated permit application and pays a permit fee as set forth in the City of Beacon fee schedule;[1]
[1]
Editor’s Note: The fee schedule is on file in the City offices.
(2) 
Pays, or otherwise disposes of, all penalties issued to the person pursuant to this chapter; and
(3) 
Submits proof that the alarm system has been inspected and properly maintained.

§ 77-5 Hearing upon permit denial or revocation; recommendations.

A person whose alarm permit application has been denied in accordance with this chapter or a person whose alarm permit has been revoked in accordance with the provisions of § 77-4 may request a hearing before a member of the Police Department designated by the Chief of Police for such purpose. A request for such a hearing shall be made by a person whose alarm permit application has been denied or whose alarm permit has been revoked not more than 10 days after receiving notice of such denial or revocation. At the hearing, the person shall be heard in his or her defense in person or by counsel and may offer evidence on his or her behalf. The person conducting the hearing shall make a written report of his findings and a recommendation to the Chief of Police of his or her decision. The Chief of Police shall review such findings and recommendations and, after due deliberation, shall issue a final order accepting, modifying or rejecting such recommendation. For the purpose of this chapter, the Chief of Police or his designee may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records and documents deemed pertinent to the hearing.

§ 77-6 Penalties for offenses.

A. 
A person who violates § 77-2, 77-3, 77-4 or 77-5 shall be subject to imprisonment for not more than 15 days or a fine not to exceed $500, or both. Notwithstanding the provisions of § 77-4A, any person who willfully or intentionally activates an alarm to summon the Police Department for the purpose of testing or verifying Police Department response shall be guilty of a violation and, upon conviction, shall be subject to imprisonment for not more than 10 days or a fine not to exceed $100, or both, for each violation.
B. 
A person operating an alarm system without a permit and who does not apply for an alarm permit within 30 days after a false alarm notification or who is operating an alarm with a revoked permit shall be subject to a penalty fee in the amount of $25 for each alarm notification, without benefit of the notifications provided for in § 77-4. Any penalty assessed pursuant to this subsection shall be payable to the Police Department.