[HISTORY: Adopted by the Board of Trustees
of the Village of Warwick 5-14-1990 as L.L. No. 6-1990. Amendments noted where
applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 68.
The Board of Trustees of the Village of Warwick
hereby finds that standards and controls regarding intrusion, fire,
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 and
that such 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, fire 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 Village of Warwick except in conformity
with the provisions of this chapter and 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:
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 their respective
emergency response.
The written authorization of the Village 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 Village of
Warwick pursuant to the provisions of the Code of the Village of Warwick.
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
Village of Warwick.
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.
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.
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.
Any alarm device which transmits a signal or impulse over
a leased telephone line to the alarm indicator panel at police headquarters.
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.
The Village Clerk of the Village of Warwick.
Anything which annoys, injures or endangers the comfort,
repose, health or safety of a considerable number of persons of any
community or neighborhood.
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.
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 Village 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 or 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.
A.
Application for licenses and permits shall be made
as follows:
(1)
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 who desire to conduct business in the
Village 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.
(2)
Any person who is to be an alarm agent in the Village
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 fire and police alarm device or devices, holdup alarms, dial alarms
or any other alarm installations and devices 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.
(3)
Any property owner or lessee of property in the Village
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 provision 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 Village 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.
B.
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 Village 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.
The fee for an alarm permit shall be as set forth in Chapter 63, Fees. Such amount may be increased by resolution of the Village Board after public hearing thereon.
[Amended 12-16-1991 by L.L. No. 11-1991]
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 Village of Warwick, the Town of Warwick
Police Department or the 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 servicing the Village
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 2-11-1991 by L.L. No. 3-1991; 12-16-1991 by L.L. No.
11-1991]
|
Fee
| ||
|---|---|---|
|
Number of False Alarms
|
Residential
|
Commercial
|
|
1
|
$0.00
|
$0.00
|
|
2
|
$10.00
|
$10.00
|
|
3
|
$25.00
|
$25.00
|
|
4
|
$50.00
|
$50.00
|
|
5
|
$100.00
|
$100.00
|
|
Each after 5
|
$200.00
|
$200.00
|
|
Each after 10
|
$250.00
|
$250.00
|
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 § 33-20 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 Board of Trustees of the Village 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 Village, 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 § 33-20 of this chapter. The designation of a false fire alarm will be determined by the Fire Department and reported to the Police Department.
D.
All penalties for false fire alarm charges shall be
collected by the licensing authority, which shall thereafter transfer
75% of the amount of such collected charges to the Warwick Fire District
[Added 2-11-1991 by L.L. No. 3-1991]
The licensing authority is hereby authorized
to grant revocable alarm permits, pursuant to rules and regulations
promulgated by the Village 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.
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 Village-
or Town-owned buildings, motor vehicles or trailers or to smoke and/or
heat detectors.
B.
The Village of Warwick shall take every reasonable precaution that alarm signals received by the Village are given appropriate and immediate attention. Nevertheless, the Village 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 Village 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 § 33-14 of this chapter, the Village 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.
