[HISTORY: Adopted by the Board of Trustees
of the Village of Matinecock as noted in article histories. Amendments
noted where applicable.]
[Adopted 1-29-1986 by L.L. No. 1-1986]
The purpose of this article 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 article, the following
definitions shall apply:
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, 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
of an alarm system. An expenditure of over $500 for modification of
an existing alarm system shall be deemed to be a significant modification
of said system.
Any person or commercial entity who or which 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 that incorporates the following features
and meets with the below requirements:
It has the approval of the Police Department
as to the suitability and quality of all devices, equipment and hardware
and the approval of Underwriters' Laboratories, Inc.
It 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 must automatically terminate within 15 minutes of activation.
It 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.
An automatic dialer (if applicable) 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.
It 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.
It 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.
An alarm user permit 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 article.
An alarm agent or alarm business shall be deemed to be doing
business in the Village if he or it operates, maintains, modifies,
installs, services, repairs, alters, replaces, leases, sells, monitors,
receives a signal from or responds to or in any way conducts installation
services or provides 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.
The Village of Matinecock.
The Village Justice Court of the Village of Matinecock.
It shall be a violation of this article:
A.
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.
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.
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 agent or alarm
business 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 or which are
presently doing business in the Village under an existing license,
as of the effective date of this article, may continue to do business
under such license for a period of 90 days after the effective date
of this article. 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 article 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 period.
(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.
Multi-Village permit. A single alarm business or alarm
agent license issued by the Police Department shall be recognized
for doing business within the Village.
B.
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.
C.
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 article 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
article 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's 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 said alarm signal, and the occupant(s)
and owner(s) of the premises shall be in violation of this article.
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 to indicate 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 to investigate the alarm system and facilitate
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 article.
A.
The Chief of Police, in compliance with the requirements of Subsection E, 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 article 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; or
(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 the revocation,
suspension or 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.
E.
The Chief of Police may deny, suspend or revoke any
license or permit for a violation of this article or any rule and
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 Police Chief'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.
Alarm user charge. An alarm user shall pay to the
Village the below-noted charge for each and every false alarm in each
calendar year as follows:
|
Cumulative Number of False Alarms During
a Year
|
Charge
|
|---|---|
|
1
|
$0
|
|
2
|
$0
|
|
3
|
$50
|
|
4
|
$50
|
|
5
|
$100
|
|
6
|
$100
|
|
7
|
$100
|
|
8
|
$100
|
|
9
|
$100
|
|
10 and over
|
$100
|
[1]
Editor's Note: This local law provided that
it take effect 1-1-2005.
B.
Business alarm charges. 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. The charge schedule
during a calendar year for alarm businesses shall be $20 for each
false alarm.
C.
New alarm system installations will be permitted two
nonchargeable false alarms during a ninety-day period after installation
of the alarm system.
D.
False alarm charge notification procedure. 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 article.
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 article.
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 of omission or commission involving an alarm system.
B.
The foregoing subsection shall be printed conspicuously
on all licenses and permits issued pursuant to this article.
A.
An alarm user maintaining and operating an existing
alarm system pursuant to a valid alarm user permit immediately prior
to the effective date of this article shall be subject to all provisions
of this article, except that such alarm user shall not be required
to:
(1)
Modify his alarm system to comply with this article's
technical requirements for an approved alarm system; or
(2)
Obtain or be required to renew an alarm user permit
or pay an alarm user permit fee, provided that there is compliance
with the regulations in force immediately prior to the effective date
of this article.
B.
Notwithstanding the provisions of Subsection A(1) and (2) immediately above, if an existing alarm user has three chargeable false alarms within any twelve-month period or if he replaces or significantly modifies his alarm system, said alarm user shall be subject to all provisions of this article and the rules and regulations, including but not limited to maintaining an approved alarm system, obtaining a new alarm user permit and paying the required permit fee after receiving written notification from the Police Department.[1]
C.
An alarm user who has been charged with violating
the provisions of the Village's burglar alarm regulations in force
prior to the effective date of this article shall be governed by the
provisions of said burglar alarm regulations and pay any false burglar
alarm charges in accordance with such regulations.[2]
