[HISTORY: Adopted by the Town Board of the Town of Ogden 7-25-1990 by L.L. No. 9-1990 (Ch. 34 of the 1995 Code). Amendments noted where applicable.]
This chapter shall be known as the "Local Law Regulating Alarm
Systems in the Town of Ogden."
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the Town of
Ogden 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, fire communications and ambulance facilities will be available
to dispatch police, fire and ambulance personnel for actual emergencies
and to alleviate the nuisance of audible alarms in the Town. Another
purpose of this chapter is to provide the Town 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:
The written authorization of the licensing authority granted
to any person, business, firm, corporation or other entity to install,
maintain or cause to be installed or maintained in their place of
residence or business any police, fire or medical emergency alarm
device, devices or system of police, fire or medical emergency alarm
devices.
The written authorization of the Town of Ogden granted to any
person to engage in the business of installing and/or servicing police,
fire or medical emergency alarm devices in the Town of Ogden, pursuant
to the provisions of this chapter.
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.
Any person who owns, leases or uses an alarm system within
the Town of Ogden, 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 Town of Ogden, the person
using such system is an "alarm user."
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.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, false alarm or the negligence
of the owner, user, custodian or lessee of an alarm system or of their
employees or agents or through any other cause which, through direct
connection to an emergency agency or through notification of an emergency
agency by a private answering point or automatic dialing device or
through notification to an emergency agency by any second party or
means, indicates that an emergency situation exists requiring response
within the Town 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 the alarm system. Activation of an alarm system under
any circumstances where 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.
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 Police Department, Fire Department or other law enforcement
agency or ambulance company, public or private, or other agency summoned
to respond to an emergency situation and any public safety answering
point serving the Town of Ogden.
The Town Clerk of the Town of Ogden.
A signaling system which, when activated, causes an audible
signaling device to be activated outside the premises within which
the system is installed.
The address which an alarm user designates on the application
for a permit as the address to which notices are to be sent.
Any person, firm, partnership, corporation, association,
company or organization of any kind.
A business which offers the service of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
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 in this chapter.
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.
The Town of Ogden.
A.
The provisions of this chapter shall not apply to proprietary systems.
B.
Permits shall be required for alarm systems located in buildings
of federal, state or local governmental agencies or authorities or
in public or private elementary schools, but said alarm systems shall
be exempt from the permit fee, but said alarms shall be subject to
the fines and penalties herein provided for avoidable alarms.
C.
The provisions of this chapter shall not apply to medical alert alarm
systems.
D.
The provisions of this chapter shall not apply to any alarms received
from school buildings within the Town while school is in session or
school-related functions are being conducted.
No person shall own, use, lease, operate or maintain an alarm
system within the Town of Ogden unless such person shall have first
obtained from the Town a permit for such alarm, as herein provided.
A.
In order to obtain an alarm user permit, any person who operates
an alarm system shall submit an application for such permit in the
form designated by the Town, which application shall contain the following:
(1)
The name, home address and telephone number of the person applying
for the permit.
(2)
The address of the premises upon which the alarm system is or will
be located.
[Amended 12-13-1995 by L.L. No. 9-1995]
(3)
The address to which notices required under this chapter shall be
sent.
(4)
The type of alarm system for which the permit is sought.
(5)
The name of the alarm business or businesses selling, installing,
monitoring, inspecting, responding to and/or maintaining the alarm
system, if applicable.
(6)
The name, address and telephone number of two or more persons other
than the owner or applicant who can be reached at any time and who
are authorized by the owner of the premises in which the system is
installed to open the premises.
(7)
Any other information relating to the alarm system or user as the
Town may require.
B.
The information required on the permit application shall be treated
as confidential and shall not be made available to members of the
general public. The Town Board finds that the release of such information
would constitute an unwarranted invasion of personal privacy and could
endanger the life or safety of persons at the premises where an alarm
system is located. The information on a permit application shall be
used by the Town only for public safety purposes.
C.
Failure to obtain a permit shall be a violation of this chapter.
It shall be a violation of this chapter for any person to engage in
the business of installing and/or servicing or to install, maintain
or cause to be installed or maintained in any business or residence
or police, fire or medical emergency an alarm device without having
obtained an alarm permit pursuant to the provisions of this chapter.[1]
A.
Every application for an alarm user permit shall be accompanied by
the fee therefor established by the Town Board, by resolution, from
time to time, except that no fee shall be required for applications
submitted prior to the installation of an alarm system.
B.
Upon the receipt of a properly executed permit application, the Town
shall issue an alarm user permit to the applicant. Alarm user permits
shall not be transferable, shall be kept on the premises where the
alarm system is located and shall be made available for inspection
by emergency agency officers.
An alarm user permit shall expire on April 30 next following
its date of issuance.
[Amended 12-13-1995 by L.L. No. 9-1995]
A.
Subject to the provisions of this chapter and upon the payment of
the appropriate renewal fee, an alarm user permit may be renewed by
the alarm user.
B.
The annual permit renewal fee for burglar alarms shall be based upon
the number of avoidable alarms recorded for each alarm user and shall
be set forth from time to time by the Town Board. The fees are kept
on file in the Town offices.
C.
The annual permit renewal fee for fire alarms shall be based upon
the number of avoidable alarms recorded for each alarm user and shall
be set forth from time to time by the Town Board. The fees are kept
on file in the Town offices.
D.
No renewal of a permit shall be granted unless the appropriate renewal
fee is submitted with the application.
The Town 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 Town 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's permit may 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 Town 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 § 90-9B 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 Town 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 Town Clerk of the Town of Ogden an alarm incident report containing the information required in § 90-13 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 Town 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:
Alarm systems which are interconnected or which otherwise transmit
signals directly to the emergency communications center shall be subject
to the laws, rules, regulations and penalties adopted by the County
of Monroe relating to such systems.
A.
All local alarm systems shall become deactivated and silenced automatically
after a period of time not to exceed 15 minutes.
B.
Police and/or fire officials may disable an audible alarm signal
that has not been silenced prior to the expiration of the fifteen-minute
period and shall not be liable for any damage that may result.
In addition to any other fees or penalties provided for in this chapter, a violation of § 90-5 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 said person is required to obtain an alarm user permit, and further provided that no charge shall be filed against a person so notified if said person obtains a permit during said fifteen-day period. A person found guilty of violating § 90-5 shall not be excused from obtaining the required permit. Each day's continued violation shall constitute a separate offense.
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.
The provisions and requirements of this chapter shall apply
to all persons who are alarm users on the effective date of this chapter
and to all persons who subsequently become alarm users.
