City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Newburgh 5-28-1996 by Ord. No. 8-96.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 155.
Fees — See Ch. 163.
Noise — See Ch. 212.
[1]
Editor's Note: This ordinance superseded former Ch. 103, Alarm Systems, adopted 9-22-1986 by Ord. No. 16-86.
The purpose of this chapter is to set forth regulations governing burglary and robbery alarm systems and businesses and agents within the City, require permits therefor and provide for punishment of violations of provisions in this chapter.
For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:
ALARM BUSINESS/INSTALLER
The business by any individual, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.
ALARM SYSTEM
Any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act or which is designed to detect or give warning of a fire within a building, structure or facility, or both, and which emits a sound or transmits a signal or message when actuated. Alarm systems include, but are not limited to, audible alarms and proprietor alarms. Devices that are not designed or used to register alarms that are audible, visible or perceptible are not included within this definition nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.
APPLICANT
A person, firm or corporation who or which files an application for a new or renewal permit as provided in this chapter.
AUDIBLE ALARM
A device designed for the detection of unauthorized entry on premises or which, when activated, generates an audible sound on the premises.
CITY
The City of Newburgh.
CITY CLERK
The City Clerk of the City of Newburgh.
DAY
Calendar day.
DIRECT-DIALER ALARM
Any alarm device which is a telephone device or telephone attachment that automatically or electronically selects a telephone line connected to a central alarm station and reproduces a prerecorded message to report a criminal act or other emergency requiring a Police or Fire Department response.
FALSE ALARM
An alarm signal necessitating response by the Newburgh Police Department or the Newburgh Fire Department where an emergency situation does not exist. An alarm signal caused by telephone line faults, power outages and severe weather conditions, such as storms, when no emergency situation exists, shall not be considered to be a false alarm.
FIRE CHIEF
The Fire Chief of the City of Newburgh or, in his absence, the Deputy Fire Chief or Acting Chief.
NOTICE
Written notice given by personal service upon the addressee or given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service or upon the placing of the same in the custody of the United States Postal Service.
PERMITTEE
Any person, firm, partnership, association or corporation who or which shall be granted a permit as provided herein and his or its agents and representatives.
PERSONS
A natural person, firm, partnership, association or corporation.
POLICE CHIEF
The Police Chief of the City of Newburgh or, in his absence or disability, the Deputy Police Chief or Acting Police Chief.
PROPRIETOR ALARM
An alarm which is not serviced by an alarm business/installer.
SUBSCRIBER
Any person who purchases, leases, contracts for or otherwise obtains an alarm system or the servicing or maintenance of an alarm system from an alarm business/installer.
Alarm systems must comply with the City Electrical Code,[1] all other statutes, laws, ordinances, codes and all state statutes and regulations and must be approved for installation by the Police Department in the case of security alarms and by the Fire Department in the case of fire alarms. An inspection certificate of compliance from the New York Board of Fire Underwriters shall be required for every alarm system that incorporates hard wiring electrical installation to a one-hundred-twenty volt or larger electrical system, which will be installed by a licensed electrician. Any time the existing alarm system is changed, a new certificate shall be provided.
[1]
Editor's Note: See Ch. 155, Electrical Standards.
A. 
No person shall install, repair or maintain a direct-dialer alarm system within the City that ties into the Police Department after 30 days from the adoption of this chapter. Any person, alarm business/installer or alarm agent who sells, maintains, uses or installs a direct-dialer alarm system that ties into the Police Department after said date will be guilty of a violation and shall be subject to the penalties set forth in this chapter.
B. 
Direct-dialer alarms connected to a central alarm station shall include a sixty-second delay or prealarm as part of the alarm system to allow the central alarm station or subscriber to confirm the status of the alarm before notifying the Police Department.
A. 
Any audible alarm system shall be equipped with an automatic cutoff device which will deactivate the audible alarm at a time no longer than 30 minutes from the activation of the alarm.
B. 
Business and residential complexes with multiple alarm systems shall install an enunciator panel at a location which shall be easily accessible to those personnel responding to the alarm.
C. 
Periodic testing of all alarm systems shall be conducted once every 30 days, with prior notification being made to the Police Department in the case of security alarms and the Fire Department in the case of fire alarms.
D. 
Upon the making of a permit application, the applicant shall provide the Police Department and Fire Department with the names, addresses and telephone numbers of a primary and secondary individual to be contacted in the event of activation of the alarm. The applicant shall provide these persons or any other designee whose name, address and telephone number shall be provided to the Police Department and Fire Department with the appropriate keys to the alarm system to ensure timely deactivation. The applicant must notify the Police Department and Fire Department personally in writing within 24 hours of any changes in this information or any changes relating to the alarm systems. The failure to provide accurate information or the failure to notify the Police and Fire Departments of any change in said information within 24 hours may result in the suspension or revocation of the permit.
No person shall engage in, conduct or carry on an alarm business without being licensed pursuant to Article 6-D of the General Business Law of the State of New York.
No person shall possess or use an alarm system without first applying for and receiving an alarm system permit therefor in accordance with the provision of this chapter.
The permit shall be kept on the premises where the alarm system is located. The City Clerk may issue an appropriate identification tag and establish requirements for its posting.
The provisions of this chapter are not applicable to audible alarms affixed to automobiles.
Whenever any change occurs relating to the written information required by § 103-5, the applicant or permittee shall give written notice thereof to the City Clerk's office within 20 days after such change or at any hearing conducted under this chapter if such hearing is conducted before the notice has been given.
The issuing authority shall be the City Clerk.
The approving authority shall be the Police Chief in the case of security alarms and the Fire Chief in the case of fire alarms.
[Amended 1-10-2011 by Ord. No. 5-2011]
Applications for all permits required hereunder shall be filed with the City Clerk. The City Clerk shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application for alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night and a nonrefundable application fee as set forth in Chapter 163, Fees, of this Code.
Alarm systems. The permit shall be denied by the Police Chief or Fire Chief if the alarm system does not comply with standards and regulations adopted pursuant to § 103-3. The permit shall be issued to the person owning, using or possessing the alarm system.
Notice of the decision of the Police Chief or Fire Chief, with reference to a permit application under this chapter, shall be made to the applicant or to any other person requesting such notice within 45 days after the receipt of the application for a permit or renewal of the permit.
[Amended 7-12-2010 by Ord. No. 13-2010]
Any person aggrieved by the decision of the Police Chief or the Fire Chief with reference to the approval or denial of an application for a permit or renewal of the permit or suspension of a permit shall have the right to appeal. An appeal must be perfected within 15 days after notice of the decision or order of suspension by filing with the City Manager a letter of appeal briefly stating therein the basis for the appeal.
Failure to file a letter of appeal within said 15 days shall constitute a waiver of the applicant's right to a hearing, but the City Manager, in his discretion, may nevertheless grant such a hearing.
The City Manager shall fix the time and place of the hearing at a date not more than 15 days after his receipt of the letter of appeal. The City Manager shall appoint a hearing officer. The City Manager shall give the appealing party and any other person requesting the same at least five days' notice of the time and place of such hearing. The notice shall be substantially in the following form, but may include other information:
"You are hereby notified that a hearing will be held at __________ on __________________ at the hour of __________, at which time you may show cause why the appeal which you have filed should be sustained."
A. 
At the time and place set for the hearing on the appeal from the decision of the Police Chief or Fire Chief, the hearing officer shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the Police Chief or Fire Chief should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision of the Police Chief or the Fire Chief.
B. 
The hearing officer shall submit a written report to the City Manager. The report shall contain a brief summary of the evidence considered, findings of fact and the recommendations of the hearing officer. In addition, the report shall contain a proposed decision in such form that it may be adopted by the City Manager as his decision in the appeal. If the City Manager approves the decision of the hearing officer, it shall be final and conclusive. The City Manager shall transmit the decision to the Police Chief or Fire Chief who shall comply with the decision. If the City Manager does not approve the decision, he shall independently review the evidence taken at the hearing for the purpose of determining if the decision of the Police Chief or Fire Chief shall be upheld. The decision of the City Manager shall contain findings of fact and a determination of the issues presented and shall be final and conclusive. The City Manager shall transmit the decision to the Police Chief or Fire Chief, who shall comply with the decision.
The Police Department shall permit only one alarm panel at Police Headquarters which shall be under the control of one alarm company. Each year the City shall accept bids from each company wishing to have the panel in Police Headquarters. All telephone lease lines carrying alarm signals to Police Headquarters shall be tied into this panel. The alarm panel must meet or exceed equipment standards set by the Chief of Police. The alarm company maintaining the alarm panel shall pay the City a minimum fee as set forth in Chapter 163, Fees, of this Code, for permission to maintain the panel. The alarm company must visit the Police Department once each day to ascertain the status of the panel. Corrective action must be taken within 24 hours.
[Added 7-12-2010 by Ord. No. 13-2010]
A. 
Any owner or lessee of property having an alarm system on its premises and any user of any services or equipment furnished pursuant to this chapter shall pay to the City of Newburgh, upon receipt of an annual billing statement, a charge for each and every false alarm to which Police or Fire Department personnel respond. There shall be a fee for each charge as set forth in Chapter 163, Fees, of this Code.
B. 
It shall be a violation of this chapter to intentionally cause a false alarm, and any person who does intentionally cause a false alarm shall be subject to the penalty provisions of this chapter, in addition to other penalties and sanctions as provided by law.
[Added 7-12-2010 by Ord. No. 13-2010]
A. 
The City Manager or his designee, Police Chief and Fire Chief shall comprise and serve as a False Alarm Appeals Board having the powers and duties granted to it under this chapter.
B. 
Any person aggrieved by a decision made pursuant to § 103-21A may appeal such charge or penalty by filing a notice of appeal of same with the City Manager, in writing, within 30 days of receipt of the annual billing statement. The written notice of appeal shall state the specific objections to the charges or penalties.
C. 
A hearing shall be held by the False Alarm Appeals Board on a date, time and location fixed by the Board as soon as practicable. The Board shall notify the appellant by certified mail.
D. 
The hearing process shall be conducted informally.
(1) 
The False Alarm Appeals Board shall not be bound by the technical rules of evidence in the conduct of such hearings.
(2) 
All parties to the hearing shall have the right to present evidence in support of or in opposition to the decision to impose charges or penalties.
E. 
The decision of the False Alarm Appeals Board shall be based upon the evidence presented and it shall:
(1) 
Affirm the decision, in which case any charge or penalty imposed pursuant to § 103-21A shall be sustained; or
(2) 
Reverse the decision, in whole or in part, in which case no charge or penalty or a lesser charge or penalty shall be imposed, at the Board's discretion.
[Added 7-12-2010 by Ord. No. 13-2010]
If any charges, fees or assessments under this chapter are not paid within 30 days of receipt of the annual billing statement, the City may, in addition to or in lieu of other remedies, add such unpaid charges, fees or assessments to the subsequent City 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 City taxes.
[Amended 7-12-2010 by Ord. No. 13-2010]
The following shall constitute grounds for permit suspension or revocation:
A. 
The violation of any of the provisions of this chapter.
B. 
The failure to comply with standards or regulations adopted pursuant to § 103-3.
C. 
When an alarm system actuates more than four false alarms within 30 days or 10 false alarms within one year.
D. 
Where the applicant or permittee, his employee or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or record to be filed with any City agency.
E. 
Where the applicant or permittee has had a similar type of permit previously revoked for good cause within the past year, unless the applicant can show a material change in circumstances since the date of revocation.
[Amended 7-12-2010 by Ord. No. 13-2010]
Any permit issued hereunder may be suspended by the Police Chief or Fire Chief for the grounds listed in § 103-26.
[Amended 7-12-2010 by Ord. No. 13-2010]
A. 
The determination of the Police Chief or Fire Chief with regard to matters of suspension shall be appealable in the time and manner set forth in § 103-16.
B. 
The Police Chief or Fire Chief, in the case of such suspension, shall serve the permittee with a written order of suspension which shall state the reasons for such suspension. The order shall be effective immediately if personally served or 48 hours after the same has been deposited in the course of transmission in the United States Postal Service.
C. 
Immediately upon such an order becoming effective, the permittee shall discontinue the use of any alarm system requiring a permit under this chapter.
D. 
If the grounds for suspension is excessive false alarms, as described in § 103-24C, then the Police Department will not provide a priority response to further alarm signals from the offending alarm system until the Police Department has received written notification of repairs to correct the offending system.
[Amended 7-12-2010 by Ord. No. 13-2010]
A. 
The suspension shall become a revocation 15 days after the order of suspension becomes effective, unless the permittee files an appeal of the order of suspension in the manner set forth in § 103-16 or complies with an order made pursuant to § 103-26D by replacing the system.
B. 
Where an appeal is filed, the order of suspension shall be stayed pending a determination thereon by the hearing officer who shall act upon the same in the manner set forth in § 103-19. The suspension shall become a revocation if the decision of the hearing officer upholds the suspension. The suspension shall be dissolved immediately if the decision of the hearing officer reverses the suspension.
[Amended 7-12-2010 by Ord. No. 13-2010]
If any permit is revoked, pursuant to this chapter, the permittee shall surrender the permit to the City Clerk.
[Amended 7-12-2010 by Ord. No. 13-2010]
The information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known, except to persons charged with the administration of this chapter.
[Amended 9-28-1998 by Ord. No. 12-98; 7-12-2010 by Ord. No. 13-2010]
A. 
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished by a fine of $150 for the first offense, a fine of $250 for the second offense and a fine of $500 for the third offense and each subsequent offense thereafter.
[Amended 1-10-2011 by Ord. No. 5-2011]
B. 
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
C. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.