[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. 154.
The purpose of this chapter is to provide regulations and standards
applicable to alarm systems and alarm users so as to reduce the incidence
of false burglar and fire alarms, maximize the efficient use of police
personnel and resources and provide efficient police protection to
the Village residents.
For the purpose of this chapter, the following definitions shall
apply:
Includes any combination of components which is used to transmit
a signal directly or indirectly to the Police Department or Fire Department.
Any alarm device which, when activated, causes a response by the Police
Department or Fire 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 or Fire Department as to the
stability 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 or Fire 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 or Fire 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 Fire 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 alarms systems
as shall hereafter be duly approved and promulgated by the Old Brookville
Board of Police Commissioners for burglar alarms and the Fire Department
for fire alarms.
An alarm user permit has been issued for the alarm system.
The Board of Trustees of the Village of Old Brookville.
An alarm facility which receives, records or validates alarm
signals and/or relays information to the Police Department or Fire
Department. Any commercial entity that provides central alarm station
services to premises in the Village shall be considered an alarm facility
subject to the regulatory and penalty provisions of this chapter.
Includes any message or signal which is transmitted directly
or indirectly to the Police Department or Fire Department to which
the Police Department or Fire 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 shall be deemed to be a false alarm and not an emergency.
Glenwood Hook & Ladder, Engine and Hose Company, Inc.
The Old Brookville Police Department.
The Village of Old Brookville.
The Village Justice Court of the Village of Old Brookville.
It shall be a violation of this chapter:
A.
For any alarm user 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 or fire alarm charge
within 30 days after receiving notice to pay such charge.
A.
Alarm installation permit. Application for a burglar or fire alarm
installation permit shall be filed with the Police Department or Fire
Department, respectively, 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 systems.
B.
Alarm user permit. After the required alarm user permit fee has been
paid and the Police Department or Fire Department is satisfied that
the alarm system complies with the requirements of this chapter and
the rules and regulations, the Police Department or Fire 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.
Renewal of permits. Alarm user permits may be renewed upon filing
a renewal application with the Police Department or Fire Department
and payment of the appropriate permit fee, provided that:
A.
After a recurring problem of false burglar or fire alarms at the
premises, a representative of the Police Department or Fire 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's permit. The alarm user may, upon good cause,
be granted a reasonable extension of time by the Chief of Police or
Fire Chief to correct or remedy such violation.
A.
If a burglar or fire alarm is transmitted from premises for which
no alarm user permit is currently in effect, the Police Department
or Fire 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 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 or Fire Department shall notify the
alarm user as soon thereafter as practical to indicate the adjustments
made to the alarm system.
A.
The Chief of Police or Fire Chief, in compliance with the requirements of Subsection D, may deny, suspend or revoke a permit on any of the following grounds:
(1)
False statement or willful and knowing misrepresentation made in
a permit application;
(2)
Failure to comply with any lawful order or notice issued by the Chief
of Police or Fire Chief;
(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 notice; or
(5)
The activation of more than 10 false alarms within a one-year period.
B.
Any permit issued hereunder shall be surrendered to the Police Department
or Fire department upon the revocation, suspension or expiration of
such permit.
C.
The cost of disconnecting any alarm system with the Police Department
or Fire Department shall be the responsibility of the alarm user whose
alarm permit has been revoked, suspended or expired.
D.
The Chief of Police or Fire Chief may deny, suspend or revoke any
permit for a violation of this chapter 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
permittee may appeal the Police Chief's action to the Board of Police
Commissioners and, in regard to the Fire Chief's action, appeal to
the Board of Trustees, which shall have the power to stay, affirm,
reverse or modify the action of the Chief of Police or Fire Chief
as the case may be.
B.
New alarm system installations will be permitted two nonchargeable
false alarms during a ninety-day period after installation of the
alarm system.
C.
False alarm charge notification procedure. Whenever an alarm user
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 the mailing or from the date of refusal (if the alarm
user refuses delivery of the notice), it shall be deemed a violation
of this chapter.
D.
The 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 submits a written request to the Chief of Police
or Fire Chief for review of the charge. If the Chief of Police or
Fire Chief sustains the charge, the alarm user may appeal such action
to the Board of Police Commissioners and in the case of a fire alarm
to the Board of Trustees 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 Trustees shall have the power to affirm, reverse or modify
the actions of the Fire Chief.
The Board of Police Commissioners, in the case of burglar alarms,
and the Board of Trustees, in the case of fire alarms, 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 permit fee, the issuance of any
permit or inspection and approval by the Police Department or Fire
Department of an alarm system, the Police Department or Fire 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 alarms system.
B.
The foregoing subsection shall be printed conspicuously on all permits
issued pursuant to this chapter.
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 chapter shall be subject to all provisions of this chapter,
except that such alarm user shall not be required to:
(1)
Modify his alarm system to comply with this chapter'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 chapter.
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 chapter 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 as set forth in § 154-7D of Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville after receiving written notification from the Police Department.
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 chapter shall be governed by the provisions
of said burglar alarm regulations and pay any false burglar alarm
charges in accordance with such regulations.
