Town of Warwick, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Warwick 12-29-1989 by L.L. No. 5-1989.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 56, Alarms, adopted 11-13-1986 by L.L. No. 3-1986.
The Town Board of the Town of Warwick hereby finds that standards and controls regarding intrusion, holdup and other emergency signal devices or protective services and the businesses and persons dealing in such devices or protective services are necessary to safeguard the public health, safety and welfare which standards and controls will afford greater emergency protection to the public; will expedite emergency communication and response; will facilitate coordination of emergency procedures and identification of persons and devices engaged in providing such procedures; will minimize false alarms and other misleading or confusing signals or procedures; will reduce access to police and emergency procedures and facilities to persons of poor moral character; and will encourage the use of reliable systems and personnel to facilitate emergency services available to the public. This chapter is intended to serve the foregoing purposes by prohibiting the sale, leasing, use, installation, repair or maintenance of any police, fire or medical emergency alarm device or protective service in the Town of Warwick except in conformity with the provisions of this chapter and the rules and regulations promulgated hereunder.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ALARM DEVICE, POLICE, FIRE AND MEDICAL EMERGENCY
Any device which, when activated by a criminal act, fire 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 or Fire Department, requiring its respective emergency response.
ALARM LICENSE
The written authorization of the Town of Warwick granted to any person to engage in the business of installing and/or servicing police, fire or medical emergency alarm devices in the Town of Warwick pursuant to the provisions of the Code of the Town of Warwick.
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, fire or medical emergency alarm device or devices, which person, business, firm, corporation or other commercial entity is, as owner, operator, provider of maintenance service, installer, lessor or seller of said device, devices or system of devices, licensed pursuant to the requirement of the Code of the Town of Warwick.
ALARM PERMIT
The written authorization of the license authority granted to any person, business, firm, corporation or other entity to install, maintain or cause to be installed or maintained in his place of residence or business any police, fire or medical emergency alarm devices.
[1]
AUTOMATIC DIAL ALARM
Any police, fire or emergency medical alarm device which is a telephone device or telephone attachment that automatically or electronically transmits a signal to preselected telephone lines connected to a central alarm station or police headquarters and reproduces a prerecorded message to report a criminal act or other emergency requiring police, fire or medical emergency response.
CENTRAL ALARM STATION
Any facility operated by a private firm that owns or leases a system of police, fire or medical emergency alarm devices, which facility is manned by operators who receive, record or validate alarm signals to the Police Department or Fire Department when appropriate.
DIRECT CONNECTION
Any alarm device which transmits a signal or impulse over a leased telephone line to the alarm indicator panel at police headquarters.
FALSE ALARM
Any signal actuated by a police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices which is not the result of natural disaster, act of God, a criminal act, fire or other emergency resulting in police, fire or other emergency services response. The term "false alarm" shall include human error and equipment malfunction causing the alarm to be activated and which results in police or fire response.
LICENSING AUTHORITY
Town Clerk of the Town of Warwick.
PUBLIC NUISANCE
Anything which annoys, injures or endangers the comfort, repose, health or safety of a considerable number of persons of any community or neighborhood.
SMOKE AND/OR HEAT DETECTOR
Any device which, when activated by fire or smoke or other emergency, is designed to alert only the occupants of the building in which the smoke and/or heat detectors are installed of said emergency.
[1]
Editor's Note: The definition of "alarm permit year," which immediately followed this definition, was repealed 4-12-1990 by L.L. No. 2-1990.
It shall be a violation of this chapter for any automatic dial alarm to be directly connected to the emergency telephone line of the Police Department. Any such automatic dial alarm may be connected to a central alarm station or other answering service for notification to the appropriate service. Existing systems in violation of this section shall have 90 days from the effective date of this chapter to convert or make the necessary changes in compliance thereof.
It shall be a violation of this chapter for any police, fire or medical emergency alarm device to be connected to the Police Department. Any such police, fire or medical emergency device may be connected to a central alarm station or other answering service for notification to the appropriate service.
All alarm systems shall be equipped with a device which will give an indication, prior to alarm system activation, which warns the alarm user of an open circuit.
No person shall install, cause to be installed, maintain or cause to be maintained in a structure, building or establishment in the Town of Warwick an external audible police, fire or medical emergency alarm device which does not also contain an automatic cutoff system or feature automatically cutting off the source of power to the alarm-sounding device after it has sounded for a period of not longer than 15 minutes.
A. 
Upon receiving complaints regarding a continuous, uninterrupted or continuously recurring signal, the Police Department shall endeavor to contact the alarm user or those persons designated by the alarm user as contacts, in an effort to abate the nuisance. In the event that the Police Department is unable to contact the alarm user or those designated as contacts or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system and if the Police Department is otherwise unable to abate the nuisance, the Police Department may direct a police officer, fire fighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance.
B. 
After an entry upon the property has been made in accordance with this section, the Police Department shall have the property secured, if necessary. The reasonable costs and expenses of abating a nuisance in accordance with this section may be assessed to the alarm user.
It shall be the obligation of any alarm permit holder to provide the Police Department and/or licensing agency with a minimum of two persons to be contacted with the authority to enter the permit holder's premises for the purpose of securing and restoring said alarm system, when necessary.
Application for licenses and permits shall be made as follows:
A. 
All businesses, firms, corporations or other commercial entities which are in the business of owning, operating, maintaining, installing, leasing or selling a police or fire alarm device or devices or system of police or fire alarm devices who desire to conduct business in the Town of Warwick shall apply to the licensing authority for a business license on a form to be supplied by the licensing authority. The application shall 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 the licensing authority shall determine to be reasonably necessary to effectuate the purpose of this chapter. 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.
[Amended 4-12-1990 by L.L. No. 2-1990]
B. 
Any person who is to be an alarm agent in the Town of Warwick, before acting as such alarm agent, shall apply for and receive a revocable alarm agent license. The application shall be made to the licensing authority on a form to be supplied by the licensing authority. The application shall contain specific provisions relating to the police or fire alarm device or devices, holdup alarms, dial alarms or alarm installations which are to be sold, leased, installed, operated or maintained by the alarm agency, the skill and competency of the applicant as an alarm agency and such other information as the licensing authority determines to be reasonably necessary to effectuate the purpose of this chapter. Such 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 an alarm agent license may act as such alarm agent through January 31 of the year following the expiration of his license.
[Amended 4-12-1990 by L.L. No. 2-1990]
C. 
Any property owner or lessee of property in the Town of Warwick having on his or its premises a fire or police alarm device or system of fire or police alarm devices shall apply to the licensing authority on a form to be supplied by the licensing authority for a permit to own or to otherwise have such a device on his or its premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. Applications for permits for police alarm devices existing in premises on the effective date of this chapter must be made to the licensing authority by such date as shall be fixed by resolution of the Town Board. No such devices may be installed on the premises of the owner or lessee after the effective date of this chapter prior to the licensing authority's having issued a permit to such owner or lessee. Such permit need not be obtained on an annual basis, but shall be obtained each time a device or system is to be installed or modified.
D. 
Fees. License fees for a business license, alarm agent license and owner's or lessee's permit shall be such as shall be fixed from time to time by resolution of the Town Board.
All applications for alarm permits shall be submitted to the licensing authority on a form to be supplied by the licensing authority. Said application shall include a description of the police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices installed, maintained or to be installed and such other information as shall be required by the licensing authority.
All permit holders of holdup, panic, medic alert, smoke and fire alarm devices shall 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.
[Amended 4-12-1990 by L.L. No. 2-1990]
A. 
The fee for an alarm permit shall be as follows:
(1) 
Residential: $25.
(2) 
Commercial: $25.
B. 
All police, fire and medical emergency alarm permit fees shall be collected and paid to the Town of Warwick. Twenty-five percent of the fees collected will be retained by the Town of Warwick, and 75% of the fees collected will be paid to the applicable fire district, police department or ambulance corps.
Under no circumstances shall the cost of any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices and the maintenance of the same be charged to the Town of Warwick, its Police Department or Fire Department The owner or lessee of such police, fire or medical emergency alarm devices shall be solely responsible for the service of his or her police, fire or medical emergency alarm devices and/or correcting any malfunction of the same that may occur.
A. 
The Chief of Police of the Town of Warwick shall cause to be kept an up-to-date and accurate log of all false intrusion alarms, and the Chiefs of the various fire districts of the Town of Warwick shall cause to be kept an up-to-date and accurate log of all false fire alarms, and the Captains of the various ambulance corps shall cause to be kept an up-to-date and accurate log of all false medical alert alarms. These logs shall be transmitted to the licensing authority on a monthly basis or, at the Chiefs' discretion, on a more frequent basis. Any owner or lessee of property having a police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices on his premises shall pay to the licensing authority, upon demand, a charge for each and every false alarm occurring on his premises in any alarm permit year as follows:
[Amended 6-12-1997 by L.L. No. 2-1997]
Number of False Alarms
Fee Residential
Commercial
1
$0
$0
2
$10
$10
3
$25
$25
4
$50
$50
5
$100
$100
Each after 5
$200
$200
Each after 10
$250
$250
B. 
Any failure by such owner or lessee to pay the aforementioned charges within 30 days of the demand therefor shall be deemed a violation of this chapter in accordance with the provisions of § 56-20 of this chapter.
C. 
In addition to the above charges, should more than six false alarms occur at any one premises during any one alarm permit year, the Town Board of the Town of Warwick, following a hearing at which such owner or lessee may be present and present evidence, may revoke the alarm permit of the owner or lessee of such premises and order said owner or lessee to disconnect or dismantle or otherwise remove from the Police Department or Fire Department and/or central alarm station any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices causing such false alarms, at no expense to the Town, and any failure by such owner or lessee to comply with said order within 10 days of its issuance shall be deemed to be a violation of this chapter pursuant to the provisions of § 56-20 of this chapter. The designation of a false fire alarm will be determined by the Fire Department and reported to the Police Department.
The licensing authority is hereby authorized to grant revocable alarm permits, pursuant to rules and regulations promulgated by the Town of Warwick or its duly authorized representative.
All police, fire and medical emergency alarm permit fees and false alarm charges shall be collected by the licensing authority for credit to the applicable fire district, Police Department or ambulance corps.
It shall be the duty of the licensing authority to maintain a record of alarm permits issued and to make a monthly report of the same to the Chief of Police.
In order to implement the orderly institution of all the requirements of this chapter, the owners or lessees of any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices currently in use and required under the provisions of this chapter to obtain an alarm permit shall obtain said alarm permit no later than 60 days from the effective date of this chapter. Any police, fire or medical emergency alarm devices currently in use, which would be prohibited under the provisions of this chapter, must be removed no later than 120 days from the effective date of this chapter.
A. 
None of the provisions of this chapter shall apply to police, fire or medical emergency alarm devices installed in Town-owned buildings, motor vehicles or trailers or to smoke and/or heat detectors.
B. 
The Town of Warwick shall take every reasonable precaution that alarm signals received by the Town are given appropriate and immediate attention. Nevertheless, the Town shall not be liable for any defects in operation of any police, fire or medical emergency alarm devices, for any failure to respond appropriately on any alarm signal or for the transmission of alarm signals or messages or the relaying of such signals or messages. In the event that the Town orders the disconnection or removal of a police, fire or medical emergency alarm device or system of police, fire or medical emergency alarm devices pursuant to the provisions of § 56-14 of this chapter, the Town shall incur no liability therefrom.
Except as otherwise provided for herein, any person, business, firm, corporation or other entity who does not pay any fee or charge established in this chapter or who violates any provisions of this chapter shall be subject to a fine not in excess of $250 or imprisonment for 15 days, or both, for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed.