[HISTORY: Adopted by the County Legislature
of the County of Ulster as indicated in article histories. Amendments
noted where applicable.]
[Adopted by L.L. No. 1-1994]
A.
This chapter is enacted to ensure that the 911 emergency
number will not be jammed or seized by automatic dialing devices.
To facilitate the response to automatic dialing devices, the County
of Ulster has established a designated seven-digit number at the Emergency
Communications Center for the purpose of receiving calls from such
automatic dialing devices.
B.
To ensure proper response to calls for services that
are received by the Emergency Communications Center through automatic
dialing devices, the following guidelines and procedures are promulgated
pursuant to the authority of this article.
The purpose of this article is threefold:
A.
To regulate the connection of alarm systems with the
911 Emergency Communications Center to prevent the emergency number
from being jammed or seized by automatic dialing devices or other
such similar devices.
B.
To regulate the automatic dialer's message content
to ensure that the essential information is received to provide appropriate
emergency response.
C.
To regulate administrative matters relating to the
operations of the 911 Emergency Communications Center to ensure the
health, safety and general welfare of the residents of the County
by regulating the use and application of alarm systems and by providing
an alternate seven-digit number for the purpose of automatic dialer
interconnect.
As used in this article, the following terms
shall have the meanings indicated:
The County of Ulster Director of Emergency Communications/Emergency
Management or his designated representative, hereinafter the "Coordinator."
[Amended 8-17-2010 by L.L. No. 3-2010]]
Any assembly of equipment or device arranged to signal the
presence of a hazard requiring urgent attention and to which police,
fire or emergency medically related service agencies are expected
to respond. "Alarm system" shall include an automatic dialing device.
Any person on whose premises, located within the County of
Ulster, an alarm system is owned, operated or maintained by such person
or his agents, employees or servants.
A device which is connected to a telephone line and is programmed
to access a predetermined emergency agency number and transmit by
voice message or coded signal to an emergency agency an emergency
message indicating a need for emergency response.
The County of Ulster, State of New York.
The central dispatching location provided by the County and
the New York State Police or any of the other public safety answering
points to receive all emergency calls on behalf of participating agencies.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Refers to a business which offers the service of receiving
emergency signals from alarms and where emergency signals from alarm
systems are monitored and thereafter relayed to an emergency agency.
A designated telephone line(s) leading into the County's
Emergency Communications Center and having the primary purpose of
handling emergency signals or messages from automatic dialing devices.
A.
Effective
May 1, 1994, all automatic dialing devices terminating at the Emergency
Communications Center shall be programmed to access designated special
trunk lines. The designated emergency telephone number is 338-2471.
All automatic dialers accessing the 911 Emergency Communications Center
shall be programmed to dial the above number.
B.
All dialers must be registered with the Emergency
Communications Center on the prescribed form.
[Amended 8-17-2010 by L.L. No. 3-2010]]
C.
Dialers shall not be programmed to dial the number "911." All automatic dialing devices terminating at the Emergency Communications Center must be programmed to dial the designated seven-digit number authorized in Subsection A above.
D.
Dialers shall not hold the telephone line open after
the Emergency Communications Center has broken the telephone connection.
E.
Dialers shall not dial the Emergency Communications
Center more than twice as a result of a single activation.
F.
Dialer message must be in the following format: "This
is (name of household or business in the County) reporting a (robbery,
burglary, police trouble, fire, water flow or emergency medical) alarm
at (number, street name) (apartment or room number), (floor), (building
name). The nearest intersection is (intersecting street) in (city,
town or village). In case of fire or medical emergency, please send
(municipality) (fire or ambulance)."
A.
Alarm notifications which terminate at a private answering
station or point and are then communicated to the Emergency Communications
Center by an individual for appropriate dispatch response shall be
permitted on the designated emergency telephone number. The calling
party shall provide the Emergency Communications Center operator with
the following information:
(1)
Type of alarm activated (robbery, burglary, police
trouble, fire, water flow, or emergency medical).
(2)
Name of business or household.
(3)
Street number and name.
(4)
Apartment, room number or floor (if applicable).
(5)
Building name.
(6)
Nearest intersecting street.
(7)
City, town or village.
(8)
Any additional information as requested by the Emergency
Communications Center operator.
(9)
Agency to be dispatched for fire or ambulance.
B.
The calling party shall promptly terminate the call
upon transmission of the above information.
The testing of automatic alarm dialers shall
be permitted in accordance with the following procedures:
A.
Business and residential alarms may be tested a maximum
of four times per year. Such testing shall be conducted during the
hours of 8:00 a.m. to 4:00 p.m. Exceptions for frequency of tests
and hours will be granted when an alarm is being tested as a result
of alarm maintenance or repair.
B.
Prior to the alarm test, the user must contact the
County's 911 Emergency Communications Center to notify the Center
of the test. The caller must provide his name, address, telephone
number, and type of alarm. The telephone number to be used when requesting
an alarm test is 338-2471 for a robbery, burglary or police trouble
alarm and for a fire, water flow, or emergency medical alarm. If for
any reason the alarm test cannot be conducted, the operator will advise
the user and the test shall be rescheduled at a time which is designated
by the 911 Emergency Communications Center operator.
C.
Upon test completion, the user shall recall the 911
Emergency Communications Center by calling the administrative number
and verify the alarm test. The caller must identify himself and advise
the operator of the name of the business or household and request
validation of the test.
D.
The 911 Emergency Communications Center operator will
monitor, test and evaluate clarity of message, tone and message completeness.
A.
Any person, business or firm programming an automatic
dialing device to call the 911 emergency telephone number of the County
of Ulster shall be liable for a civil penalty of $500.
B.
In addition to the civil penalty, noncompliance with any of the procedures contained herein is a violation of § 145-4 of this article and punishable by a fine of not less than $500 and not more than $1,000 or by a term of imprisonment not to exceed 15 days, or by both such fine and imprisonment.
C.
A police officer or deputy sheriff may order the alarm
user to immediately disconnect any device not conforming to the provisions
of this article from the 911 emergency number. The failure by such
alarm user to obey such order shall be a violation punishable by a
fine of not less than $500 and not more than $1,000 or by a term of
imprisonment not to exceed 15 days, or by both such fine and imprisonment.
D.
Additionally, the owner of such alarm system shall
be liable for a civil penalty of $500 for the failure to obey such
order.
The Coordinator may refuse to permit any person,
business or firm the right to program its automatic dialing device
to access the designated special seven-digit number when the Coordinator
has reason to believe that the use of the device would adversely impact
the operations of the 911 Emergency Communications Center.
These regulations shall pertain to all alarm
systems which terminate at the 911 Emergency Communications Center.
The 911 Coordinator may from time to time issue amendments, in writing,
to these regulations. All regulations shall be issued with an effective
date. It is the duty of all alarm users to keep advised of amendments
to the existing procedures and make appropriate changes and/or modifications
as required.
[Adopted 10-20-2015 by L.L. No. 13-2015]
This article shall be known by and may be cited as the "False
Alarm Reduction Act."
The Ulster County Legislature hereby finds and declares that
false alarms drain resources of the Ulster County Sheriff, police
officers, and other first responders such as firefighters and emergency
services workers. Each false alarm amounts to a waste of taxpayer
money without any public safety benefit and otherwise imperils the
rest of the public who may need actual assistance. The Ulster County
Legislature hereby further finds it important and necessary to ensure
that the alarms being called into the Ulster County Sheriff, police
officers and other first responders such as firefighters and emergency
services workers must have valid permits issued by the Ulster County
Sheriff. For those reasons, and in furtherance of enhancing the public's
health, safety, and general welfare, this article is enacted. Therefore,
the alarm permit fees together with fines levied in accordance with
this article shall be used to offset the administrative and operational
expenses caused by the large number of responses by the Ulster County
Sheriff, police officers and other first responders.
As used in this article, the following terms shall have the
following meanings:
A device or series of devices, including but not limited
to devices interconnected with a telephone and/or radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual or electronic signal indicating
an alarm condition and intended to summon the law enforcement and/or
fire protection and/or medical emergency service and/or emergency
services which perform services in Ulster County or a municipality
therein. "Alarm system" shall not include any personal alarm device
nor any vehicle alarm device unless the vehicle is permanently located
at a site where the device or devices constituting the alarm system
are intended to summon emergency services to.
The County of Ulster.
The Ulster County Attorney.
The Ulster County Commissioner of Finance as defined in the
Ulster County Charter.
A verbal, electronic, or written communication to law enforcement
or emergency services made through the Ulster County Sheriff's
Office, 911, or local law enforcement dispatch and caused through
an alarm system which actually causes a police officer, firefighter
(paid or volunteer), ambulance corps volunteer or employee, rescue
squad worker (paid or volunteer), or auxiliary member of any police
or fire department or ambulance corps or rescue squad to physically
leave the premises such person is at or change directions in their
motor vehicle with the plan to respond (or actually responding) to
what is determined to be a false alarm.
A fire department, district, company, ambulance corps, or
rescue squad.
An automated action which emanates from an alarm system in
a structure and causes a call or signal to come into an Ulster County
Sheriff's Office, 911, or local law enforcement dispatch where
a person therein contacts law enforcement or emergency services and
dispatches law enforcement or emergency services to such structure
(whether the law enforcement personnel or emergency services personnel
actually arrive at such structure or not) without any actual emergency
existing at that structure.
The Ulster County Sheriff and the Deputies who work under
the Sheriff, and members or officers of any city, town, or village
police department, or the New York State Police. "Law enforcement"
shall also include the dispatchers, civilian or otherwise, who answer
the phones at any structure or portion thereof used by law enforcement
to dispatch police officers or emergency services to potential emergencies.
Any city, town, or village wholly contained within the County
of Ulster and Ulster County.
The person, firm, partnership, association, or corporation
which has legal title to the real property where the false alarm emanates
from.
Emergency communications or any phone number designed to
be answered by law enforcement or emergency services.
The Ulster County Sheriff.
A written invoice stating a fine. Such statement shall include
a statement that the addressee or his or her attorney or a tenant
of the addressee acting with the written (notarized) approval of the
addressee may appeal the fine provided for in the invoice in the process
authorized under law. Statements shall be served personally upon the
addressee or may be served certified mail return receipt requested
along with a copy sent first-class mail at the address of the property
owner.
A physical improvement to real property which has an alarm
in it placed there by or under the control of an owner or tenant of
the structure.
The requirements of this article shall not apply to any Ulster
County municipality that has enacted local false alarm reduction legislation.
False alarms caused by an alarm system are prohibited. It is
the responsibility of the property owner to ensure that their alarm
system is properly licensed, in proper working order and does not
cause a false alarm.
A.
A person commits a violation if he or she operates or causes an alarm
system to operate that results in a call to the Ulster County Sheriff,
police officers, and other first responders such as firefighters and
emergency services without a valid permit issued by the Ulster County
Sheriff. A separate permit shall be required for each alarm system.
B.
It shall be the responsibility of the alarm system installer at the
time of installation or activation to submit an alarm permit application
form together with the required fee(s) to the Ulster County Sheriff's
Department on behalf of and at the expense of the user, unless the
installer has confirmed that the user already holds a valid permit.
It shall be the responsibility of the alarm company that monitors
the alarm system to ensure, prior to commencing any such service contract,
that there is a current alarm permit. Notwithstanding the provisions
of this subdivision, the alarm system user shall be deemed the permit
applicant and permit holder for purposes of this article.
C.
Upon receipt of a completed permit application form the Ulster County
Sheriff shall issue an alarm permit to an applicant unless the applicant
has:
D.
Every permit for an alarm system shall include the following information:
(1)
The name, address and telephone number(s) of the person who shall
be the permit holder responsible for the proper maintenance and operation
of the alarm system and payment of fees and assessments pursuant to
this title;
(2)
For each alarm system located at the alarm site, the purpose of the
alarm, to wit: burglary, robbery, personal hostage or panic;
(3)
Street address and nearest cross street of the building in which
the alarm system is housed.
E.
Any false statements made by applicant in conjunction with the obtaining
of an alarm permit shall be sufficient cause for the Sheriff to refuse
to issue a permit.
F.
An alarm permit holder shall advise the Ulster County Sheriff of
any change in the information contained within the permit application.
G.
An alarm permit may not be transferred to another person without
the filing of a new permit application.
H.
An alarm permit holder shall advise the alarm company that monitors
the permit holder's alarm system of the Ulster County Sheriff
Department's telephone number upon receiving the permit number
from the Ulster County Sheriff.
I.
The Ulster County Sheriff may revoke an alarm permit if it determines
that:
(1)
There is a false statement made in the application for a permit;
or
(2)
The permit holder has violated any provision of this article; or
(3)
The permit holder has failed to make timely payments of any penalties
or fees pursuant to this article; or
(4)
The permit fee, if paid by the applicant by check, is dishonored;
or
(5)
There are five or more false alarms in a year and satisfactory documentation
or repair of the alarm system has not been submitted.
J.
A person whose alarm permit has been revoked may be issued a new
permit if the person:
A.
Penalties for false alarms.
(1)
When law enforcement or emergency services are dispatched to a false
alarm, the owner of the real property law enforcement or emergency
services was dispatched to shall be liable to a civil penalty in the
following amount in any calendar year:
(2)
Civil penalties shall be made payable to the Ulster County Commissioner
of Finance and deposited by him or her into a segregated fund as established
in this law for the benefit of the Office of the Sheriff of Ulster
County.
B.
Penalties for operating an alarm system without a valid permit. When
law enforcement or emergency services are dispatched to a false alarm
and the alarm system is in operation without a valid permit, the owner
of the real property in which the alarm system is situated shall be
liable for a civil penalty in the following amount in any calendar
year:
C.
Reporting of false alarm. When law enforcement employed by the County
of Ulster is dispatched to what he or she ascertains to be a false
alarm, such law enforcement employed by the County of Ulster shall,
within 72 hours of being dispatched, report the same to his or her
immediate supervisor in the Ulster County Sheriff's Office. Such
supervisor shall enter such false alarm into a database to be maintained
by the Ulster County Sheriff or his or her designee of reported false
alarms. Such database shall contain the information required by the
Sheriff. Law enforcement other than law enforcement employed by the
County of Ulster or emergency service may also report the same to
the Ulster County Sheriff's Office pursuant to any procedure
established by the Sheriff of Ulster County and agreed upon by the
Chief of Police, or if there be none, officer in charge of such police
department of such city, town, or village. Such procedure shall be
in writing and filed with the Sheriff of the County of Ulster and
shall call for any report to be made to the Sheriff within 72 hours
of the dispatch occurring. To the extent that an intermunicipal agreement
is determined to be necessary to effectuate any purpose of this law,
the Chairman of the Ulster County Legislature is hereby authorized
to sign the same upon the approval by the County Attorney and Counsel
to the County Legislature of such agreement or agreements or amendments
thereto.
D.
Upon the occurrence of the first false alarm, if the alarm system
is operated without a valid permit, or a third false alarm, if the
alarm system is operated with a valid permit, in a calendar year,
the Sheriff shall cause a statement to be mailed to the property owner
instructing the property owner to return the fine in the designated
amount, made payable to the Ulster County Commissioner of Finance.
Such statement from the Sheriff shall require the fine to be paid
within 30 days of the date of the statement sent from the Sheriff.
Such statement shall be mailed within 30 days by the Sheriff.
E.
Appeal process. If the addressee of the statement desires to appeal
the fine and/or revocation of permit, the fine and/or revocation of
permit shall be stayed pending the appeal. The Appeal shall be made
in writing to the Sheriff of Ulster County or an employee of the Ulster
County Sheriff's office designated to hear such appeal or alternatively
to an attorney appointed by the Sheriff with the consent of the Ulster
County Attorney to hear such an appeal. Appeals may be in writing
or by personal appearance within 30 days of the date of the statement
sent from the Sheriff. Upon filing an appeal, the individual hearing
the appeal (designated herein as the "hearing officer"), shall send
written instructions to the property owner stating when the appeal
shall be heard (either upon written submission or orally or both).
The hearing officer shall render a decision on the appeal within 30
days and shall send such decision, which shall constitute a final
determination pursuant to Article 78 of the Civil Practice Law and
Rules, to the property owner where the structure was on which the
false alarm emanated from. Thereafter, if the decision is that the
fine and/or revocation of permit is upheld by the hearing officer,
such fine shall be payable within 30 days of the decision of the hearing
officer and such revocation of permit shall take effect immediately
upon the decision of the hearing officer. An aggrieved party may institute
a proceeding or action pursuant to the provisions of Article 78 of
the Civil Practice Law and Rules to challenge such final determination
by the hearing officer. If no appeal is taken, the mailing of the
statement by the Sheriff or his or her representative shall constitute
a final determination appealable pursuant to this law or otherwise
pursuant to Article 78 of the Civil Practice Law and Rules.
F.
Levy on tax bill. The Commissioner of Finance or any Ulster County
employee authorized by him or her is authorized to levy on the County
tax bill of any property owner any unpaid fine authorized and finally
determined under this article.
G.
Civil action. The County Attorney is authorized to commence a separate
civil action to collect any fine authorized under this article.
H.
Dedicated fund. Fines received or taxes paid as a result of this
article shall be deposited by the Commissioner of Finance into a dedicated
account and utilized by the Sheriff of Ulster County or the Director
of Emergency Communications/Emergency Management subject to appropriation
by the Ulster County Legislature pursuant to law.
Responding to or failing to respond to an alarm does not create
any special duty by Ulster County; nor does it create any special
duty by any municipality within Ulster County. Any and all liability
and consequential damage resulting from either 1) responding or 2)
the failure to respond to an alarm system signal is hereby disclaimed
and governmental immunity is retained. Responses by law enforcement,
fire department and/or medical emergency response may be based on
factors such as availability of police, fire and/or medical emergency
units, priority of calls, weather conditions, traffic conditions,
emergency conditions and staffing levels. No duty to respond to an
alarm is represented herein as being made or promised.
The effective date of this article shall be on January 1, 2016.
