[HISTORY: Adopted by the Board of Trustees of the Village of Perry 12-1-1986
by L.L. No. 7-1986. Amendments noted where applicable.]
This chapter shall be known as the "Local Law Regulating Alarm Systems
in the Village of Perry."
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the Village of Perry by reducing
the number of avoidable alarms to emergency agencies. Avoidable alarms contribute
to ineffective utilization of public safety manpower and equipment. In addition,
avoidable alarms require emergency responses which may contribute to a high
accident rate and delayed responses to genuine emergencies. This chapter seeks
to ensure that police and fire communications facilities will be available
to dispatch police and fire personnel for actual emergencies and to alleviate
the nuisance of avoidable audible alarms in the Village of Perry. Another
purpose of this chapter is to provide the Village with the names of responsible
people to contact in the case of activation of an alarm.
As used in this chapter, the following terms shall have the meaning
indicated:
A device or an assembly of equipment which emits an audible response
which is intended to alert persons outside a premises to the existence of
a hazard or emergency, or which is intended to alert emergency agencies by
automatically dialing an emergency agency, or which is connected to a private
answering point for the purpose of reporting such alarms to emergency agencies,
or which is directly connected to the Emergency Communications Center or other
emergency agency.
Any person who owns, leases or uses an alarm system within the Village
of Perry, except for a person whose alarm system is on a motor vehicle or
is a proprietary system. If, however, an alarm system on a motor vehicle is
connected with an alarm system at a premises (other than a proprietary system)
in the Village of Perry, the person using such system is an alarm user.
The activation of an alarm system through mechanical failure, malfunction,
improper installation, or the negligence of the owner, user, custodian or
lessee of an alarm system, or of his employees or agents, or through any other
cause which through direct connection to an emergency agency, or through notification
of an emergency agency by a private answering point or automatic dialing device,
or through notification to an emergency agency by any second party or means,
indicates that an emergency situation exists requiring response within the
Village when in fact an emergency situation does not exist. "Avoidable alarm"
also includes the knowing or intentional activation of an alarm to an emergency
agency when the activator knows that an emergency situation does not exist.
"Avoidable alarm" does not include alarms activated by violent conditions
of nature such as hurricanes, tornadoes and earthquakes or any other similar
cause beyond the control of the user of an alarm system. Activation of an
alarm system under any circumstances in which the activator reasonably believes
that an emergency situation exists is not an avoidable alarm. Notwithstanding
any language to the contrary, the defective installation of an alarm system,
the failure to repair an alarm system or cause it to be repaired, or the use
of defective equipment in connection with an alarm system shall not constitute
an extraordinary circumstance beyond the reasonable control of the alarm user.
Any police department, fire department, or other law enforcement
agency, ambulance company (public or private), or other agency summoned to
respond to an emergency situation and any public safety answering point serving
the Village of Perry.
A signaling system which, when activated, causes an audible signaling
device to be activated outside the premises within which the system is installed.
The address which an alarm user designates on the application for
a permit as the address to which notices are to be sent.
Any person, firm, partnership, corporation, association, company,
or organization of any kind.
A business which offers the service of receiving emergency signals,
monitoring said signals, and relaying them to an emergency agency.
An alarm, sounding and/or recording within the premises protected
by the alarm, which is not intended to alert persons outside of the premises
on which the alarm system is located of a possible hazard and not intended
to alert an emergency agency, the control center being under the supervision
of the proprietor of the protected premises. If a proprietary system includes
a signal line connected directly or by means of an automatic device to an
emergency agency, or to a private answering point, or to a local alarm system,
it thereby becomes an alarm system as defined in this chapter.
Village of Perry.
A.
The provisions of this chapter shall not apply to proprietary
systems.
B.
Permits shall be required for alarm systems located in
buildings of federal, state or local governmental agencies or authorities,
or in public or private elementary schools, but said alarm systems shall be
exempt from the permit fee. Said alarms shall be subject to the fines and
penalties herein provided for avoidable alarms.
No person shall own, use, lease, operate or maintain an alarm system
within the Village of Perry unless such person shall have first obtained from
the Village a permit for such alarm as herein provided.
A.
In order to obtain an alarm user permit, any person who
operates an alarm system shall submit an application to the Village Clerk
for such permit in the form designated by the Village, which application shall
contain the following:
(1)
The name, home address, and telephone number of the person
applying for the permit.
(2)
The address of the premises upon which the alarm system
is or will be located.
(3)
The address to which notices required under this chapter
shall be sent.
(4)
The type of alarm system for which the permit is sought.
(5)
The name of the alarm business or businesses selling,
installing, monitoring, inspecting, responding to and/or maintaining the alarm
system, if applicable.
(6)
The name, address and telephone number of one or more
persons who can be reached at any time and who are authorized by the owner
of the premises in which the system is installed to open the premises.
(7)
Any other information relating to the alarm system or
user as the Village may require.
B.
The information required on the permit application shall
be treated as confidential and shall not be made available to members of the
general public. The Village Board finds that the release of such information
would constitute an unwarranted invasion of personal privacy and could endanger
the life or safety of persons at the premises where an alarm system is located.
The information on a permit application shall be used by the Village only
for public safety purposes.
A.
The fee for an alarm system permit shall be $25 and shall not be prorated. Permits shall be renewed only upon the certification by a permittee that the alarm system has been inspected and/or maintained by the permittee within the past 90 days and it conforms to the standards and regulations of the Village of Perry. The fee for renewal of such permit shall be as provided in § 150-9.[1]
B.
Upon the receipt of a properly executed permit application,
the Village shall issue an alarm user permit to the applicant. Alarm user
permits shall not be transferable, shall be kept on the premises where the
alarm system is located, and shall be made available for inspection by emergency
agency officers.
An alarm user permit shall expire on May 31 next following its date
of issuance.
A.
Subject to the provisions of this chapter and upon the payment of the appropriate renewal fee as stipulated in Subsection B hereof, an alarm user permit may be renewed by the alarm user.
B.
The annual permit renewal fee shall be based upon the
number of avoidable alarms recorded for each alarm user as follows:
(1)
For an alarm user with one to three avoidable alarms
during the preceding year, a base permit renewal fee of $10 shall be charged.
(2)
For an alarm user with more than three avoidable alarms
during the preceding year, a base permit renewal fee of $10 plus an additional
excessive use fee for each avoidable alarm in excess of three shall be charged
as follows: for the fourth, fifth and sixth avoidable alarm, $50 each; for
the seventh, eighth and ninth avoidable alarm, $75 each; for every avoidable
alarm after the ninth, $100 each. At the time of renewal, an alarm user shall
receive credit for any amounts paid during the permit year to reinstate a
revoked permit.
C.
No renewal of a permit shall be granted unless the appropriate
renewal fee is submitted with the application.
The Village shall notify an alarm user in writing by means of first-class
mail sent to the notice address listed on the permit application when an alarm
user has had three avoidable alarms during the permit year. The notice shall
inform the alarm user that additional avoidable alarms will subject the alarm
user to the excessive use fee as specified in this chapter for each additional
avoidable alarm. At the end of the permit year, the Village shall notify each
alarm user having more than three avoidable alarms of the number of avoidable
alarms incurred during the preceding year and the amount to be charged for
the renewal of the alarm user permit. The notice shall be in writing and shall
be sent by first-class mail to the notice address listed on the application.
An alarm user permit shall be revoked whenever 10 or more avoidable alarms are recorded for a system in any one permit year. Notice of such revocation shall be sent by the Village via first-class mail to the notice address listed on the permit application at least 15 days before the revocation takes effect. The alarm user may reinstate a revoked permit by the payment of the excessive use fee for each avoidable alarm in excess of three and by submission of proof that modifications have been made to the alarm system or other steps have been effected so as to reduce the number of avoidable alarms. The excessive use fee shall be as specified in § 150-9B(2) of this chapter. An alarm user permit shall not be revoked under this section if said alarm system is required by federal, state or local law. However, all other provisions of this chapter shall apply to such systems and the user thereof shall remain responsible for the payment of all authorized fees.
Any emergency agency as herein defined desiring the Village to initiate
enforcement of this chapter against an alarm user who has generated avoidable
alarms shall comply with the following requirements:
A.
The emergency agency shall send to the Village Clerk of the Village of Perry an alarm incident report containing the information required in § 150-13 within seven days of the alarm call.
B.
A copy of the avoidable alarm incident report shall be
mailed by the emergency agency via first-class mail to the alarm user to the
notice address listed on the permit application.
C.
An alarm user receiving a notice of an avoidable alarm
may challenge such classification by notifying the emergency agency in writing
specifying in detail the reasons why the alleged avoidable alarm should not
be so classified. The challenging notice must be received by the emergency
agency within 20 days after notification to the alarm user. A hearing may
be requested by the alarm user with the notice. The failure to give timely
notice shall be deemed a waiver of the right to challenge the classification.
D.
Within a reasonable time, but not more than 45 days after
receipt of a notice from an alarm user challenging the classification of an
alarm as an avoidable alarm, the emergency agency shall make a final determination
which shall be reviewable only pursuant to Article 78 of the Civil Practice
Law and Rules.
E.
Within 10 days after a final determination has been made
by the emergency agency, a copy thereof shall be filed with the Village Clerk
and a copy mailed or otherwise given to the alarm user.
Whenever an emergency agency files an avoidable alarm report, such report
shall contain the following information:
Alarm systems which are interconnected with or otherwise transmit signals
directly to the Emergency Communications Center shall be subject to the laws,
rules, regulations and penalties adopted by the County of Wyoming relating
to such systems.
A.
All local alarm systems shall become deactivated and
silenced automatically after a period of time not to exceed 15 minutes.
B.
Police and/or fire officials may disable an audible alarm
signal that has not been silenced prior to the expiration of the fifteen-minute
period and shall not be liable for any damage that may result.
In addition to any other fees or penalties provided for in this chapter, a violation of § 150-5 of this chapter shall be deemed an offense and shall be punishable by a mandatory fine of not less than $100 nor more than $250 or imprisonment for not more than 15 days, or both; provided, however, that no person shall be charged with such offense until 15 days after notice to said person that he is required to obtain an alarm user permit and further provided that no charge shall be filed against a person so notified if he obtains a permit during said fifteen-day period. A person found guilty of violating § 150-5 shall not be excused from obtaining the required permit.
The provisions and requirements of this chapter shall apply to all persons
who are alarm users on the effective date of this chapter and to all persons
who subsequently become alarm users.
