[HISTORY: Adopted by the Board of Trustees
of the Village of Mill Neck 6-4-1991 as L.L. No. 2-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 85.
The purpose of this chapter is to provide regulations
and standards applicable to alarm systems, alarm businesses, alarm
agents and alarm users so as to reduce the incidence of false burglar
alarms, maximize the efficient use of police personnel and resources
and provide efficient police protection to village residents.
For the purpose of this chapter, the following
words herein are defined as follows:
Any person who is employed by or otherwise represents any
alarm business whose duties include any of the following: selling,
leasing, maintaining, servicing, repairing, altering, replacing, moving
or installing in or on any building, place or premises any alarm system.
Any business, firm, proprietorship, partnership, corporation
or other commercial entity which is in the business of owning, operating,
maintaining, installing, servicing, repairing, altering, replacing,
leasing, selling, monitoring or receiving signals from or responding
to an alarm system.
Any combination of components which is used to transmit a
signal directly or indirectly to the Police Department. Any alarm
device which when activated causes a response by the Police Department
shall be deemed to be an "alarm system."
The installation, replacement or significant modification
to an alarm system. An expenditure of over $500 for modification to
an existing alarm system shall be deemed to be a significant modification
to said system.
Any person or commercial entity who owns, rents or otherwise
occupies any structure or premises on which an alarm system is owned,
operated, used or maintained or permitted to be used or maintained.
An alarm system which incorporates the following features
and meets the following requirements:
The approval of the Police Department as to
the suitability and quality of all devices, equipment and hardware
and the approval of Underwriter Laboratories.
Has an exterior or interior audible signal which
can be clearly heard in all portions of the protected structure when
the alarm system is automatically activated. An audible signal is
not required for alarm systems that are intentionally activated by
a "panic button" or a similar device specifically designed to enable
an alarm user to intentionally activate the alarm system.
If an alarm system has an audible outdoor alarm
signal, it automatically terminates within 15 minutes of activation.
Will not transmit more than two alarm messages
upon a single activation to the Police Department (if applicable).
The limitation of two messages shall include messages transmitted
by recorded or taped devices.
Has an automatic dialer (if applicable) which
shall be programmed to dial a Police Department approved telephone
number for alarm systems. Under no circumstances shall any alarm system
be programmed to dial 911 or 626-1300.
Contains a thirty-second time lapse between
initial activation of the alarm system and transmission of the alarm
signal to the Police Department or Central Alarm Station with an abort
feature or alternate means of canceling the alarm signal within the
thirty-second period. An abort feature shall not be required for devices
specifically designed to enable an alarm user to intentionally activate
the alarm system.
Contains such other technical features or requirements
as shall be provided in the rules and regulations governing alarm
systems as shall hereafter be duly approved and promulgated by the
Old Brookville Board of Police Commissioners.
Has an alarm user permit which has been issued
for the alarm system.
An alarm business which receives, records or validates alarm
signals and/or relays information to the Police Department. Any commercial
entity that provides "central alarm station" services to premises
in the village shall be considered an alarm business subject to the
licensing, regulatory and penalty provisions of this chapter.
An alarm agent or alarm business shall be deemed to be "doing
business" in the village if they operate, maintain, modify, install,
service, repair, alter, replace, lease, sell, monitor, receive a signal
from or respond to, or in any way conduct installation services or
provide central station service for, an alarm system in the village.
Any message or signal which is transmitted directly or indirectly
to the Police Department to which the Police Department responds and
which signal or message is not the result of a criminal offense, fire
or other emergency. The transmitting of a message or signal due to
an equipment malfunction or the unauthorized actions of an alarm business
or alarm agent shall be deemed to be a "false alarm" and not an emergency.
The Old Brookville Police Department, Old Brookville, New
York.
The Incorporated Village of Mill Neck ("Mill Neck").
The Village Justice Court of Mill Neck.
A.
It shall be a violation of this chapter for any alarm
user, alarm agent or alarm business to permit, allow or undertake
the installation of an alarm system in the village which is not an
approved alarm system or for which a valid alarm installation permit
has not been issued.
B.
It shall be a violation of this chapter for any alarm
user to operate or permit or allow the operation of an alarm system
in the village which is not an approved alarm system or one for which
an alarm user permit has not been issued.
C.
It shall be a violation of this chapter for any person
to fail to pay a false burglar alarm charge within 30 days after receiving
notice to pay such charge.
A.
It shall be unlawful for any alarm business or alarm
agent to do business in the village without a license or to refuse
to display the required identification upon request.
B.
Alarm businesses and alarm agents who are presently
doing business in the village under an existing license as of the
effective date of this chapter may continue to do business under such
license for a period of 90 days after the effective date of this chapter.
Thereafter, they shall obtain the required license to do business
in the village.
A.
Alarm businesses and alarm agents. Applications for
alarm business and alarm agent licenses and permits shall be filed
with the Police Department on an approved form and accompanied by
the required application fee. In addition, a fingerprint processing
fee required by, and payable to, the New York State Division of Criminal
Justice Services shall be submitted for the purpose of obtaining a
criminal history record from the Division of Criminal Justice Services
and/or any other state where the alarm business officers or supervisors
or alarm agents may have resided and/or the Federal Bureau of Investigation
to determine their eligibility for a license or permit. Prior to processing
the application, the Police Department may require the officers and
supervisors of an alarm business and an alarm agent to be fingerprinted
at Police Headquarters. Prior to the issuance of an alarm agent license,
the alarm agent shall be photographed for identification purposes.
B.
Alarm installation permit. Application for an alarm
installation permit shall be filed with the Police Department on the
approved form and accompanied by installation specifications and plans
and the alarm user permit fee. An alarm installation permit shall
be obtained prior to installing any alarm system.
C.
Alarm user permit. After the required alarm user permit
fee has been paid and the Police Department is satisfied that the
alarm system complies with the requirements of this chapter and the
rules and regulations, the Police Department shall issue an alarm
user permit. An alarm system shall not be operated until an alarm
user permit has been issued for the alarm system.
D.
License and permit periods.
(1)
An alarm business license and alarm agent license
shall be valid for a two-year period.
(2)
An alarm installation permit shall be valid for 90
days after issuance.
(3)
An alarm user permit shall expire when an alarm system
is replaced or significantly modified or when a change in ownership
of the premises occurs.
E.
Renewal of licenses and permits. Alarm business and
alarm agent licenses and alarm user permits may be renewed upon filing
a renewal application with the Police Department and payment of the
appropriate license or permit fee, provided that:
F.
Multivillage permit. A single alarm business or alarm
agent license issued by the Police Department shall be recognized
for doing business within the village.
The Police Department shall charge, collect
and retain the following processing fees as follows:
A.
Business license: $100 for a two-year period.
B.
Agent license: $50 for a two-year period.
C.
Alarm user permit [valid for one year]:
D.
For new installations or significant modifications
to an existing alarm system, an alarm installation permit shall be
issued free of charge, when the alarm user permit fee has been paid.
E.
No refunds of license or permit fees shall be made.
If revoked, a new license or permit fee must be paid to reinstate
any revoked license or permit.
A.
After a recurring problem of false burglar alarms
at the premises, a representative of the Police Department, upon reasonable
notice, shall be permitted to inspect and test an alarm system or
alarm system installation. If permission to inspect is refused, it
shall be grounds for revocation of the alarm user permit.
B.
If an inspection reveals any violations of or noncompliance
with the provisions of this chapter or the rules and regulations,
a written report shall be promptly mailed to the alarm user. Within
30 days after receipt of such report, the alarm user shall take corrective
action so that the alarm system complies with the provisions of this
chapter and the rules and regulations. If the alarm user fails to
bring his alarm system into compliance, it shall be grounds for revocation
of the alarm user permit. The alarm user may, upon good cause, be
granted a reasonable extension of time by the Chief of Police to correct
or remedy such violation.
A.
If a burglar alarm is transmitted from premises for
which no alarm user permit is currently in effect, the Police Department
shall not be required to respond to the alarm signal and the occupant(s)
and owner(s) of the premises shall be in violation of this chapter.
B.
If an alarm system is activated and the premises are
unoccupied, the police shall be authorized to enter the premises to
investigate the alarm and make any adjustments to the alarm system,
including disconnection of the audible alarm signal, to terminate
a nuisance condition. The Police Department shall notify the alarm
user as soon thereafter as practical of the adjustments made to the
alarm system.
C.
An alarm user shall designate a person living within
15 miles of the premises containing the alarm system so as to provide
access to the premises for investigating the alarm system and facilitating
the prompt termination of any nuisance caused by the alarm system.
D.
If a central alarm station relays a false burglar
alarm and does not have an alarm business license, the central alarm
station shall be in violation of this chapter.
A.
The Chief of Police, in compliance with the requirements of § 29-10, may deny, suspend or revoke a license or permit for the following grounds:
(1)
False statement or willful and knowing misrepresentation
made in a license or permit application.
(2)
Failure to comply with any lawful order or notice
issued by the Chief of Police.
(3)
Repetitive or flagrant violation of the provisions
of this chapter or the rules and regulations.
(4)
Failure to correct any deficiencies in equipment,
procedures or operations within 30 days of receipt of notice.
(5)
The activation of more than 10 false alarms within
a one-year period.
(6)
The conviction of an alarm agent or a partner, officer
or manager of an alarm business of a criminal offense subject to the
applicable provisions of the Correction Law.
B.
Any license, permit or identification card issued
hereunder shall be surrendered to the Police Department upon revocation,
suspension or the expiration of a license or permit or the termination
of an alarm business operation.
C.
An alarm agent shall surrender his identification
card to the Police Department within 10 days of termination of his
employment with the alarm business.
D.
The cost of disconnecting any alarm system with the
Police Department shall be the responsibility of the alarm user whose
alarm permit has been revoked, suspended or expired.
The Chief of Police may deny, suspend or revoke
any license or permit for a violation of this chapter or any rule
or regulation. Such denial, suspension or revocation shall become
effective 30 days after written notice thereof is mailed to the violator
by certified mail, return receipt requested. Within the thirty-day
period, the licensee or permittee may appeal the Chief of Police's
action to the Board of Police Commissioners which shall have the power
to stay, affirm, reverse or modify the action of the Chief of Police.
A.
An alarm user shall pay to the Village the below-noted
charge for each and every false alarm in each calendar year as follows:
[Amended 6-9-2015 by L.L.
No. 1-2015]
Cumulative Number of False Alarms During
Year
|
Charge
|
---|---|
1
|
$0
|
2
|
$0
|
3
|
$50
|
4
|
$50
|
5
|
$100
|
6
|
$100
|
7
|
$100
|
8
|
$100
|
9
|
$100
|
10 and over
|
$100
|
B.
An alarm business shall pay to the village a charge
for each and every false alarm resulting from its failure to verify
whether an alarm is false.
Charge Schedule During a Calendar Year
for Alarm Businesses
| |
---|---|
Type
|
Charge
|
Each false alarm
|
$20
|
C.
New alarm system installations will be permitted two
nonchargeable false alarms during a ninety-day period after installation
of the alarm system.
D.
Whenever an alarm user or alarm business has a chargeable
false alarm in any calendar year, the Village Clerk shall mail a notice
requesting payment by certified mail, return receipt requested. If
payment is not received by the village within 30 days from the date
of mailing or from the date of refusal (if the alarm user or alarm
business refuses delivery of the notice), it shall be deemed a violation
of this chapter.
E.
The full monetary charge shall become the property
of the village 30 days after its payment to the village unless, before
the end of the thirty-day period, the alarm user or alarm business
submits a written request to the Chief of Police for review of the
charge. If the Chief of Police sustains the charge, the alarm user
or alarm business may appeal such action to the Board of Police Commissioners
within 15 days after receiving written notice of the same. The Board
of Police Commissioners shall have the power to affirm, reverse or
modify the actions of the Chief of Police.
The Board of Police Commissioners, after a duly
noticed public hearing, may promulgate rules, regulations and standards
to ensure the quality, efficiency and effectiveness of the enforcement,
interpretation and implementation of this chapter.
A.
Notwithstanding the payment of any license or permit
fee, the issuance of any license or permit or inspection and approval
by the Police Department of an alarm system, the Police Department
and the village, including their agents and employees, make no representation
and shall be under no obligation whatsoever concerning the adequacy,
operation or maintenance of an alarm system installation or of the
operation of a central alarm station, nor do they assume any liability
whatsoever for any failure of any such alarm system or central alarm
station, or for failure to respond to any such alarm system or for
any act or omission or commission involving an alarm system.
B.
The foregoing subsection shall be printed conspicuously
on all licenses and permits issued pursuant to this chapter.
If any clause, sentence, paragraph or section
or other portion of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect,
impair or invalidate the remainder of this chapter but shall be confined
in its operation to the particular clause, sentence, paragraph or
section or other portion of this chapter that shall be directly involved
in the controversy in which said judgment shall have been rendered.