This chapter shall be known as "A Local Law Regulating Alarm
Systems in the Village of Mount Morris."
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the Village
of Mount Morris by reducing the number of avoidable alarms to emergency
agencies. Avoidable alarms contribute to ineffective utilization of
public safety, manpower and equipment. In addition, avoidable alarms
require emergency responses which may contribute to a high accident
rate and delayed responses to genuine emergencies. This chapter seeks
to ensure that police and fire communications facilities will be available
to dispatch police and fire personnel for actual emergencies and to
alleviate the nuisance of avoidable audible alarms in the Village
of Mount Morris. Another purpose of this chapter is to provide the
Village with the names of responsible people to contact in the case
of activation of an alarm.
As used in this chapter, the following terms shall have the
meanings indicated:
ALARM SYSTEM
A device or an assembly of equipment which emits an audible
response which is intended to alert persons outside a premises to
the existence of a hazard or emergency or which is intended to alert
emergency agencies by automatically dialing an emergency agency or
which is connected to a private answering point for the purpose of
reporting such alarms to emergency agencies or which is directly connected
to the Emergency Communications Center or other emergency agency.
ALARM USER
Any person who owns, leases or uses an alarm system within
the Village of Mount Morris, except for a person whose alarm system
is on a motor vehicle or is a proprietary system. If, however, an
alarm system on a motor vehicle is connected with an alarm system
at a premises (other than a proprietary system) in the Village of
Mount Morris, the person using such system is an "alarm user."
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner,
user, custodian or lessee of an alarm system or of his employees or
agents or through any other cause which, through direct connection
to an emergency agency, or which, through notification of an emergency
agency by a private answering point or automatic dialing device, or
which, through notification to an emergency agency by any second party
or means, indicates that an emergency situation exists requiring the
response of the Village when, in fact, an emergency situation does
not exist. An "avoidable alarm" also includes the knowing or intentional
activation of an alarm to an emergency agency when the activator knows
that an emergency situation does not exist. "Avoidable alarm" does
not include alarms activated by violent conditions of nature such
as hurricanes, tornadoes, earthquakes or any other similar cause beyond
the control of the user of an alarm system. Activation of an alarm
system under any circumstances in which the activator reasonably believes
that an emergency situation exists is not an "avoidable alarm." Notwithstanding
any language to the contrary, the defective installation of an alarm
system, the failure to repair or cause to be repaired an alarm system
or the use of defective equipment in connection with an alarm system
shall not constitute an extraordinary circumstance beyond the reasonable
control of the alarm user.
EMERGENCY AGENCY
Any Police Department, Fire Department or other law enforcement
agency, ambulance company (public or private) or other agency summoned
to respond to any emergency situation and any public safety answering
point serving the Village of Mount Morris.
LOCAL ALARM SYSTEM
A signaling system which, when activated, causes an audible
device to be activated outside the premises within which the system
is installed.
NOTICE OF ADDRESS
The address which an alarm user designates on the application
for a permit as the address to which notices are to be sent.
PERSON
Any person, firm, partnership, corporation, association,
company or organization of any kind.
PRIVATE ANSWERING POINT
A business which offers the service of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
PROPRIETARY SYSTEM
An alarm, sounding and/or recording within the premises protected
by the alarm, which is not intended to alert persons outside of the
premises on which the alarm system is located of a possible hazard
and not intended to alert an emergency agency, the control center
being under the supervision of the proprietor of the protected premises.
If a "proprietary system" includes a signal line connected directly
or by means of an automatic device to an emergency agency or to a
private answering point or to a local alarm system, it thereby becomes
an alarm system as defined by this chapter.
VILLAGE
The Village of Mount Morris.
No person shall own, use, lease, operate or maintain an alarm
system within the Village of Mount Morris unless such person shall
have first obtained from the Village a permit for such alarm as herein
provided.
An alarm user permit shall expire on May 31 next following its
date of issuance.
The Village shall notify an alarm user, in writing, by means
of first-class mail sent to the notice address listed on the permit
application, when an alarm user has had three avoidable alarms during
the permit year. The notice shall inform the alarm user that additional
avoidable alarms will subject the alarm user to the excessive use
fee as specified in this chapter for each additional avoidable alarm.
At the end of the permit year, the Village shall notify each alarm
user having more than three avoidable alarms of the number of avoidable
alarms incurred during the preceding year and the amount to be charged
for the renewal of the alarm user permit. The notice shall be in writing
and shall be sent by first-class mail to the notice address listed
on the application.
An alarm user permit shall be revoked whenever 10 or more avoidable
alarms are recorded for a system in any one permit year. Notice of
such revocation shall be sent by the Village via first-class mail
to the notice address listed on the permit application at least 15
days before the revocation takes effect. The alarm user may reinstate
a revoked permit by the payment of the excessive use fee for each
avoidable alarm in excess of three. The excessive use fee shall be
as specified in § 52-9B(2) of this chapter and by submission
of proof that modifications have been made to the alarm system or
other steps have been effected so as to reduce the number of avoidable
alarms. An alarm user permit shall not be revoked under this section
if said alarm system is required by federal, state or local law. However,
all other provisions of this chapter shall apply to such systems,
and the user thereof shall remain responsible for the payment of all
authorized fees.
Any emergency agency, as herein defined, desiring the Village
to initiate enforcement of this chapter against an alarm user who
has generated avoidable alarms shall comply with the following requirements.
A. The emergency agency shall send to the Village Clerk of the Village of Mount Morris an alarm incident report containing the information required in §
52-13 within seven days of the alarm call.
B. A copy of the avoidable alarm incident report shall be mailed by
the emergency agency via first-class mail to the alarm user to the
notice address listed on the permit application.
C. An alarm user receiving a notice of an avoidable alarm may challenge
such classification by notifying the emergency agency, in writing,
specifying in detail the reasons why the alleged avoidable alarm should
not be so classified. The challenging notice must be received by the
emergency agency within 20 days after notification to the alarm user.
A hearing may be requested by the alarm user with the notice. The
failure to give timely notice shall be deemed a waiver of the right
to challenge the classification.
D. Within a reasonable time, but not more than 45 days after receipt
of a notice from an alarm user challenging the classification of an
alarm as an avoidable alarm, the emergency agency shall make a final
determination, which shall be reviewable only pursuant to Article
78 of the Civil Practice Law and Rules.
E. Within 10 days after a final determination has been made by the emergency
agency, a copy thereof shall be filed with the Village Clerk and a
copy mailed or otherwise given to the alarm user.
Whenever an emergency agency files an avoidable alarm report,
such report shall contain the following information:
A. The alarm user's name and address.
B. The date and location of the avoidable alarm.
C. The reasons why the alarm was determined to be an avoidable alarm.
D. Any other pertinent information.
The Mayor of the Village of Mount Morris is authorized to develop procedures for the purpose of implementing or providing clarification for §§
52-12 and
52-13 of this chapter.
Alarm systems which are interconnected or otherwise transmit
signals directly to the Emergency Communications Center shall be subject
to the laws, rules, regulations and penalties adopted by the County
of Livingston relating to such systems.
In addition to any other fees or penalties provided for in this chapter, a violation of §
52-5 of this chapter shall be deemed an offense and shall be punishable by a mandatory fine of not less than $100 nor more than $250; provided, however, that no person shall be charged with such offense until 15 days after notice to said person that he is required to obtain an alarm user permit, and further provided that no charge shall be filed against a person so notified if he obtains a permit during said fifteen-day period. A person found guilty of violating §
52-5 shall not be excused from obtaining the required permit
The provisions and requirements of this chapter apply to all
persons who are alarm users on the effective date of this chapter
and to all persons who subsequently become alarm users.