[Adopted 11-19-1984 by L.L. No. 27-1984]
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.
For purposes of this article, the following definitions shall apply:
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.
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.
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.
Any alarm device which transmits a signal over a leased telephone
line to an alarm receiving station.
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.
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]
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.
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.
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:
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.
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.