City of Port Jervis, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Port Jervis 3-24-1997 by L.L. No. 3-1997 (Ch. 3 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 55.
Police Department — See Ch. 130.
The purpose of this article is to establish standards and controls of the various types of intrusion, holdup and other emergency signals from alarm devices that require police response, investigation and safeguarding of property at the location of an event reported by and/or signal-transmitted, telephoned, radioed and otherwise relayed to the police by an alarm device or by any person acting in response to a signal actuated by an alarm device.
The Council hereby declares that the legislative intent of this article is to apply its provisions to any business, firm, corporation or other commercial entity that is in the business of owning, operating, maintaining or installing an alarm device or devices or a dial alarm device or devices designed to summon the police to any location in response to a signal or other transmission generated or produced by such devices.
As used in this article, the following terms shall have the meanings indicated:
ALARM DEVICE, POLICE AND MEDICAL EMERGENCY
Any device which, when activated by a criminal act or other emergency, transmits a prerecorded message or other signal by telephone, radio, central alarm station or audible or visible signal designed to cause any person within audible or visual range to notify the Police Department requiring their emergency response.
ALARM INSTALLATION
Any police alarm device or aggregation of police alarm devices installed on or within a single building or within more than one building or area adjacently located on a common site, at a specific location.
ALARM LICENSE
The written authorization of the City of Port Jervis granted to any person to engage in the business of installing and/or servicing police or medical emergency alarm devices in the City of Port Jervis pursuant to the provisions of the Code of the City of Port Jervis.
ALARM LICENSEE
Any person, business, firm, corporation or other commercial entity which is in the business of owning, operating, maintaining, installing, leasing or selling a police or medical emergency alarm device or devices, which person, business, firm, corporation or other commercial entity is, as owner, operator, provider or maintenance service, installer, lessor or seller of said device, devices or system of devices, licensed pursuant to the requirement of the Code of the City of Port Jervis.
CENTRAL ALARM SYSTEM
Any facility operated by a private firm that owns or leases a system of police alarm devices, which facility is manned at all times by trained operators employed to receive, record and validate alarm signals and to relay information about such validated signals to the police radio dispatch room when appropriate.
DIAL ALARM
Any police alarm device which is a telephone device or telephone attachment that automatically or electronically selected a telephone line connected to a central alarm station and reproduces a prerecorded message to report a criminal act or other emergency requiring police response.
DIRECT ALARM
Any police alarm device connected directly by leased telephone wires from a specific location to the police radio dispatch room.
A. 
A signal emitted by an emergency alarm or alarm device, which signal results in an actual communication to or with the Police Department, which communication incorrectly indicates that there is or has been a burglary, intrusion, holdup or other emergency at a premises in the City of Port Jervis.
B. 
A false alarm does not include signals emitted by an alarm caused by or as a result of circumstances such as storms or acts of God beyond the control of the licensee or where the system is shown to be in correct working order and not activated as a result of abuse, neglect, inattention, human error or equipment malfunction.
POLICE COMMUNICATION FACILITIES
The police radio dispatch room and other enclosures housing privately or publicly owned equipment serving the police radio dispatch room.
A. 
It shall be unlawful to operate, maintain, install, lease or sell an alarm device without a license. It shall be unlawful for any person, business, firm, corporation or other commercial entity to operate, maintain, install, lease or sell a police alarm device or devices or system of police alarm devices, as defined by the terms of this article, without first obtaining a license as hereinafter provided.
B. 
Authority to grant license and permits.
(1) 
The Police Chief is hereby authorized to grant a revocable alarm license to any business, firm, corporation or other commercial entity, authorizing said business, firm, corporation or other commercial entity to do business in the City of Port Jervis by performing any or all of the following functions: to own, operate, maintain, install, lease or sell an alarm device or devices or systems of police alarm devices.
(2) 
All presently existing alarm devices and systems or police alarm devices and present owners and lessees of premises having such devices or systems must comply with all provisions of this article by such date as shall be fixed by resolution of the City of Port Jervis.
All businesses, firms, corporations or other commercial entities which are in the business of owning, operating, maintaining, installing, leasing or selling a police alarm device or devices or system of police alarm devices which desire to conduct business in the City of Port Jervis shall apply to the Police Chief for a business license on a form supplied by the Police Department of Port Jervis. The application may contain specific provisions relating to the quality, efficiency and effectiveness of the device or system of devices owned or to be operated, maintained, installed, leased or sold by the business licensee, testing procedures involved and any other information that the Police Chief shall determine to be reasonably necessary to effectuate the purpose of this article. It shall also contain an affirmative representation by the applicant that he has diligently investigated all employees, consultants and agents connected with this business and, to his knowledge, they have no prior criminal convictions for a felony or misdemeanor. In addition, it shall contain the name, address and policy number for a fidelity bond of at least $5,000 covering any of his employees or servants. Such business license shall be issued for a one-year period, on a calendar-year basis or a part thereof, and no license shall extend beyond December 31 of each year. Notwithstanding this provision, a person having a business license may conduct such business through January 31 of the year following the expiration of his business license. Prior to the issuance of any permit or license, the applicant will furnish satisfactory proof of a fidelity bond of at least $5,000 fully paid for the time the license or permit will be valid and which policy will be to protect homeowners from criminal or illegal acts of licensee's, employee's or servants.
License fees for a business license shall be as provided in Chapter 280, Fees, without pro ration and such other amounts as shall be fixed from time to time by resolution of the Common Council of the City of Port Jervis.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A license issued under this article may be suspended or revoked by the Police Chief after notice and hearing by the Police Chief for the violation of any of the provisions of this article or of any regulation or regulations promulgated by the Police Chief pursuant to this article, and any license or identification card issued hereunder shall be refunded when a license is suspended or revoked. Any applicant whose application for a license or permit has been denied or any business license alarm agent, owner or lessee whose license has been suspended or revoked by the Police Chief may appeal such denial, suspension or revocation, in writing, to the Common Council within 30 days after the date of denial or of the notice of suspension or revocation and may appear before such Common Council at a time and place to be determined by the Common Council in support of his or its contention that the license should not have been denied, suspended or revoked. The decision of the Common Council of the City of Port Jervis shall be final.
Every business, firm, corporation or other commercial entity conducting the business of owning, operating, installing, leasing or selling police alarm devices within the City of Port Jervis shall maintain complete and accurate records of all installations of alarm systems in the City of Port Jervis and shall produce such records for inspection by the Police Chief or his agent upon demand.
A. 
Change of location. If the location of the police communication facilities should be changed at any time, licensees under this article shall not attempt to charge the City of Port Jervis with any resulting cost of moving alarm systems or any parts thereof.
B. 
Installation and maintenance costs. All costs and recurring charges incurred in the installation and maintenance of systems permitted by this article in police communications facilities shall be borne by the licensee.
C. 
Rules and regulations. The Chief of Police may promulgate reasonable rules and regulations that may reasonably be necessary for the purposes of assuring the quality, efficiency and effectiveness of police alarm devices, holdup alarms, dial alarms and alarm installations owned, operated, maintained, installed or sold by a permittee under this article and of administering and enforcing the provisions of this article.
A. 
Direct alarm systems. The Chief of Police is hereby authorized to prescribe the location and the manner of installation of all connections and equipment, cabinets and accessories of an approved direct alarm system within the police communication facilities for the purpose of providing a direct alarm system, where the visible and audible signals therefor may be readily seen and heard by police personnel. Any cost shall be solely borne by the licensee.
B. 
All holders of alarm devices and medical alarms and any other alarms may be required to provide written authorization to the Police Department to forcibly enter the premises for the purpose of verifying the validity of the emergency condition.
A. 
Each and every alarm device, holdup alarm, direct alarm, dial alarm and emergency alarm in the City of Port Jervis shall be properly maintained and in proper working condition.
B. 
The installation and maintenance of police alarm devices shall be at no cost to the City.
C. 
Any false alarm to which the Police Department responds shall be attributable to the owner or lessee of the property activating the alarm.
No person shall install or maintain in any building, structure or establishment in the City of Port Jervis an external audible alarm of any type which does not also contain an automatic cutoff system to automatically cut off the source of power to the alarm after it has sounded for a period of 15 minutes. It shall be required that a minimum of three names to contact shall be provided to the police for the purpose of securing or restoring said alarm system when necessary.
A. 
Penalties as set forth below may be imposed against the licensee of any alarm which emits a false alarm as defined.
B. 
The penalties for false alarms which may be imposed against the licensee for the occurrence of false alarms caused by such licensee's emergency alarm is as follows:
(1) 
A fine not exceeding $100 for the fourth such false alarm in any calendar year.
(2) 
A fine not exceeding $150 for the fifth such false alarm in any calendar year.
(3) 
A fine not exceeding $200 for the sixth and subsequent false alarms.
C. 
The Chief may suspend or revoke the property owner's alarm system after a hearing pursuant to § 206-7 upon failure to pay any fine within 30 days of demand for payment or more than six false alarms.
The City of Port Jervis shall not be liable for any defects in the operation of emergency alarm systems nor for any failure to respond appropriately nor for any erroneous response nor for the failure or defect of any licensee pursuant to the provisions of this article with respect to the installation, operation or maintenance of equipment, the transmission of alarm signals or messages or the relaying of such signals or messages.
Willful violations of any provisions of this article shall constitute an offense and shall be punishable by a fine of not more than $50 for each day that the violation shall continue.
This article shall take effect as provided in the Charter of the City of Port Jervis.
[Amended 5-13-2002 by L.L. No. 2-2002]
The purpose of this article is to establish standards and controls for central station fire alarm systems, that require Fire Department action from a signal to the Fire Department; via available technology from owner-maintained alarm systems.
The Council hereby declares that the legislative intent of this article is to apply its provisions to any business, firm, corporation, other commercial entity and/or residential buildings designated to summon the Fire Department to that location in response to such signal.
Refer to National Fire Alarm Code (National Fire Protection Association 72) Chapters 1-4.
A. 
All fire alarm system installations, modifications, maintenance and/or testing shall comply with the New York State Fire Prevention and Building Code, most current edition.
B. 
All fire alarms systems shall comply with the National Fire Alarm Code (N.F.P.A. 72), the most current edition.
C. 
All fire alarm system work shall be done by a licensed New York State fire alarm company.
D. 
All companies proposing to do fire alarm system work shall have a copy of their current New York State fire alarm license on file with the City Clerk-Treasurer, Bureau of Fire Prevention and Building Department prior to conducting any alarm work in the City.
E. 
All companies shall file a copy of their liability and New York State workers' compensation insurance with the City Clerk-Treasurer. The City shall be named as an additional insured on their liability policy.
F. 
All companies shall submit, in writing, to the City Bureau of Fire Prevention and Building Department, all proposals, including the scope of the work to be performed and all equipment to be used for review and approval before any work is started. Upon completion of said work the company shall demonstrate and test the system with a representative of the Bureau of Fire Prevention and Building Department present for final approval.
G. 
All fire controls and peripheral devices shall be of applicable grade and quality in accordance with UL/864 Central Station requirements. All initiating devices shall be zoned to a remote annunciator panel for viewing by the occupants and the Fire Department. The alarm panel shall be easily accessible to the Fire Department.
H. 
All fire suppression and/or sprinkler systems shall report to the new fire controls on separate zones. All smoke, heat-detecting and pull stations shall report on separate zones.
I. 
Depending on building size, layout, and/or occupancy, the building owner/occupant may opt to install a minimum of one interior and one exterior fire alarm pull station where not required by the Code.
J. 
Upon final approval, the company shall prepare and submit a written record of completion as per the National Fire Alarm Code.
K. 
Every system shall have a minimum of one interior and one exterior ADA approved horn/strobe alerting device.
L. 
All fire alarm systems shall report to a twenty-four-hour UL/FM approved central station. The use of a subcontracted central station shall be prohibited.
M. 
All approved central monitoring stations shall file their license with the City Clerk-Treasurer, Bureau of Fire Prevention and Building Department before December 31 for the ensuing year.
N. 
All fire alarm companies shall supply proof of a twenty-four-hour emergency service department capable of responding to a trouble or alarm within one hour of the reported condition.
O. 
All central stations shall maintain a current listing of the building owner, tenant and point of contact. This list shall include the names and phone numbers of key holders who are capable of responding on a seven-day, twenty-four-hour emergency notification. This list shall be updated at least annually and submitted in triplicate for the Bureau of Fire Prevention, Building and Police Departments.
P. 
All fire alarm activations shall be treated as an actual alarm, which shall require the central station to immediately notify the Fire Department.
Q. 
The Fire Department personnel may reset the alarm system with no liability.
R. 
All fire alarm systems shall be registered with City of Port Jervis Bureau of Fire Prevention. All building owners having fire alarm systems shall also install a Knox Box secure key entry system. The Fire Department shall have the only keys to this system. The owner shall be responsible for updating the correct keys for storage.
S. 
Each fire alarm system shall have an unannounced fire alarm test as conducted by the Bureau of Fire Prevention. The Bureau of Fire Prevention shall hold this test at least annually or as deemed necessary.
T. 
All alarm panels will be keyed to a "B" key.
A. 
False alarms and/or nuisance calls.
(1) 
Any owner of a fire alarm system that emits a false alarm may be issued a violation and appearance ticket for the Port Jervis City Court and will be subject to the schedule of fines listed below. Written warnings may be issued for the first three false calls in any calendar year.
(2) 
Any fire alarm company and/or monitoring company may be issued a violation and appearance ticket for the Port Jervis City Court and shall be subject to the schedule of fines listed below.
(3) 
Any fire alarm company and/or monitoring company may lose the right to provide service in the City of Port Jervis, in the interest of public safety.
B. 
Schedule of fines.
(1) 
First offense: $250.
(2) 
Second offense: $400.
(3) 
Third offense: $500.
(4) 
Subsequent offenses: $750 each.
All installation, connection, maintenance and monitoring fees shall be at the expense of the owner/occupant.
The Fire Inspector and/or the Fire Chief shall administer this article.