Village of Old Westbury, NY Article III Direct Alarm Signals

[Adopted 11-19-1984 by L.L. No. 27-1984]

§ 61-5 Legislative findings; purpose.

A. The Old Westbury Police Department (Police Department) is among a minority of Police Departments in Nassau County that allows burglar alarms to be connected directly into the Old Westbury Police Station Headquarters (Police Station). The increasing number of burglar alarm systems connected to the Police Station has resulted in a significant commitment of police manpower devoted to monitoring and policing the alarm systems and, further, has caused a significant increase in the use of police communication lines. In order to allow Village residents to continue having the option of connecting their alarm systems directly into the Police Station, it is necessary to regulate the use of alarms in the Village.

B. The types of alarms permitted to be connected must be regulated in order to eliminate obsolete systems that can result in the unnecessary burdening of police lines due to faulty recording devices. Further, the licensing of all persons engaged in the installation and maintenance of alarm systems within the Village will ensure that all such licensed persons are familiar with the Village's requirements with respect to the installation, operation and maintenance of alarm systems. In addition, by imposing licensing fees and by requiring all persons whose alarm systems come directly into the Police Station to pay a reasonable fee for this service, those persons directly benefited by the services provided by the Police Department will also be those responsible for paying some of the costs associated with the services provided. Finally, the establishment of fines for an unreasonable number of false alarms will act as a deterrent against the abuse of the privilege of having an alarm system connected directly to the Police Station.

C. The purpose of this article is to provide a reasonable and workable framework in order to allow direct alarm service into the Police Station to continue.

§ 61-6 Definitions.

For purposes of this article, the following definitions shall apply:

CENTRAL ALARM STATION

Any facility operated by a private person or firm that owns or leases a system of alarm devices, which facility is staffed by operators who receive, record or validate alarm signals and relay information received to police and/or fire headquarters where appropriate.

DIALER ALARM SYSTEM

A telephone device or telephone attachment that automatically transmits a prerecorded message to police headquarters or to a central alarm station when the security system is activated.

DIGITAL-RECEIVER ALARM SYSTEM

A telephone device or telephone attachment that transmits a digital coded signal to a receiving device, which signal does not include a prerecorded voice message.

DIRECT ALARM SYSTEM

Any alarm device which transmits a signal over a leased telephone line to an alarm receiving station.

POLICE STATION DIGITAL RECEIVER

A receiving device installed at the police station which is monitored by the Police Department and which receives alarm signals transmitted from alarm devices located in the Village.

§ 61-7 Specifications.

A. No dialer alarm system shall be permitted to be connected directly to the police station. All dialer alarm systems presently connected to the police station shall be disconnected and/or converted to a permitted system no later than January 1, 1986. Direct alarm systems and digital-receiver alarm systems may be connected directly into the police station subject to the provisions of this article.

B. Any owner, lessee or occupant of any real property in the Village seeking to connect any burglar alarm system, calling device, signalling device or any other mechanical apparatus directly to the police station shall first obtain an alarm permit permitting such system to be connected to the police station.

C. The Village Clerk shall issue a request for an alarm permit to any person seeking to connect an alarm system to the police station. Upon submission of the application to operate an alarm in conformity with the standards imposed herein and by Local Law No. 5-1978,[1] as amended, and upon payment of the maintenance fee described below, the Village Clerk shall issue a one-year renewable permit for each alarm connected to the police station, which shall be due and payable on June 1 of each year, to be applied to the upcoming year. An annual maintenance fee of $250 shall be charged for each permit issued and shall be paid to the Village Clerk prior to June 1, or, if not so paid, it shall be levied as a charge against the real property as a lien, which lien shall have the same priority as a Village tax and shall be deemed a part of the annual Village tax for all purposes. Any permit issued pursuant to the local law is nontransferable, and the permit fee shall be nonrefundable. This provision shall not apply to alarms connected to a central alarm station.

[Amended 1-19-1987 by L.L. No. 2-1987; 4-3-2001 by L.L. No. 8-2001]

[1] Editor's Note: See Article I of this chapter.

D. Alarm systems in use and connected to the police station as of the effective date of this article shall comply with the provisions set forth herein within one year from the effective date of this article by filing the prescribed form with the Village Clerk. Failure to comply may result in a fine or a discontinuance of the existing system as provided in § 61-10 of this article.

E. All alarm systems connected to the police station, whether by direct alarm system or by connection to the police station digital receiver, shall be installed by a licensed alarm installer as provided in § 61-8 of this article. In order to ensure that the alarm systems installed in the police station are secure and in light of the special security and sensitive nature of the services involved in installations at the police station and the particular skill and expertise involved in such installation, the Board of Trustees may grant licenses to a limited number of alarm companies authorizing such companies to perform services in connection with the installation and maintenance of the direct alarm systems and the police station digital receiver and the alarms connected thereto. The Board of Trustees shall prescribe the term of such permits and shall regulate the fees charged by such companies for such services.

§ 61-8 Licensing requirements.

A. No person shall engage in the sale, installation, maintenance, leasing or in otherwise providing alarm systems to any resident of the Village of Old Westbury unless such person shall be duly licensed by the Village to do so. Any person seeking to conduct such a business in the Village shall apply to the Board of Trustees for a license to operate within the Village, and the Board of Trustees shall direct the Village Clerk to issue licenses where appropriate. The application for such license shall include a description of the applicant's business, the device, systems or services offered by the applicant and such other information as the Board shall determine to be reasonably necessary to effectuate the purposes of this article. Such license shall be issued on a calendar-year basis and shall be renewable on or before January 1 of each year.

B. No alarm system, calling device, signaling device or other mechanical apparatus shall be installed or connected on any property in the Incorporated Village of Old Westbury, except by a licensed alarm installer. No permit shall be issued to any person seeking to connect an alarm system to the police station unless such installation shall be performed by a licensed alarm installer.

C. The following licensing fees are established:

(1) License to conduct alarm business within the Village: $250 for the initial calendar year in which the license is granted; thereafter, $100 per calendar year, or part thereof.

[Amended 3-20-1989 by L.L. No. 2-1989]

(2) Alarm installer license for each employee of a licensed business: $10 per calendar year or part thereof.

§ 61-9 False alarms.

A. For purposes of this article, "false alarm" shall mean any emergency message or signal that is transmitted directly or indirectly to the police station and is not cancelled by the resident before a Village police officer or employee arrives at the residence and which signal or message is not the result of a robbery, burglary or other crime or emergency.

B. Any owner, lessee or occupant of property having an alarm system on his or her premises shall be charged for each and every false alarm to which the Police Department responds in each twelve-month period as follows:

(1) False alarms during the first 90 days after the issuance of a permit to a new applicant or for a new alarm system: no fine.

(2) After the expiration of the aforesaid ninety-day period:

(a) First, second, third and fourth false alarm in any twelve-month period: no fine.

(b) Fifth, sixth, seventh and eighth false alarms in any twelve-month period: $10 per alarm.

(c) Every false alarm over eight in any twelve-month period: $50 per alarm.

C. The Village Police shall give a written notice to the permit holder each time that a false alarm occurs. The Village Police shall maintain records of all such false alarms.

D. For each and every chargeable false alarm after the fourth false alarm in the calendar year, the Village Clerk shall mail a notice to the permit holder by certified mail, return receipt requested, to the permit holder's address requesting payment according to the schedule of charges set forth herein. The notice shall inform the permit holder that if payment is not received within 30 days, the amount due shall be levied as a charge against the real property as a lien, which lien shall have the same priority as a Village tax and shall be deemed as part of the annual Village tax for all purposes.

E. Upon the eighth false alarm during any twelve-month period (exclusive of any false alarm during the initial ninety-day grace period), the Village may revoke the existing permit, or, after a hearing before the Board of Trustees on notice to the permit holder, said Board may refuse to renew a permit. Notice of revocation or refusal to renew shall also be by certified mail served at least 30 days before such revocation or refusal to renew. In case of revocation or nonrenewal, the Village may disconnect the alarm system at the Police Station. The cost of disconnecting an alarm system from the Police Station shall be the responsibility of the permit holder, and the failure of said permit holder to disconnect when ordered to do so may result in the Board of Trustees disconnecting it and levying the charge against the property as a lien, which lien shall have the same priority as a Village tax and shall be deemed as part of the annual Village tax for all purposes.

F. In the event that widespread false alarms occur because of force majeure, such false alarms resulting therefrom may be excused by the Board of Trustees or the Chief of Police or his designee and shall not be counted as a false alarm.

§ 61-10 Maintenance and repair of systems; nonliability of Village.

A. In the event of a malfunction in the system or connection to Police Headquarters or the failure to comply with a provision of this article, the permit holder shall correct the malfunction and restore the system to proper operating condition within three business days from receipt of said notice. If at the end of three business days the malfunction has not been corrected, the alarm may be disconnected at the Police Station. Upon reapplication to the Village for connection, a written certification by a licensed alarm company or the homeowner that the malfunction has been corrected shall be provided. Cost of disconnection and reconnection shall be the responsibility and the sole expense of the permit holder.

B. Notwithstanding the payment of any fee or the issuance of any permit as herein required, the Village shall have no responsibility nor incur any obligation whatsoever concerning the adequacy, the operation or the maintenance of any alarm device, nor shall the Village have any responsibility for any costs attendant to the maintenance of such alarm system or for losses incurred as a result of failure of the Village police to respond to an alarm.

C. Any person obtaining an alarm permit pursuant to this article shall sign a statement agreeing to hold and save harmless the Village of Old Westbury, its agents or employees from any liability whatsoever in connection with any such alarm device, the operation of the same or the response to an alarm.