[HISTORY: Adopted by the Council of the City of Watervliet 3-30-2017 by L.L. No. 1-2017. Amendments noted where applicable.]
The City of Watervliet recognizes that private alarm systems
provide security and promote safety for buildings, structures and
persons within the City. However, the City also acknowledges that
emergency responses due to false alarms from alarm systems can cause
unnecessary danger and detriment to the Police Department and Fire
Department as well as the public in general. It is the intent of this
chapter to reduce in number false alarms, to encourage the proper
use of alarm systems, and to promote the health, safety and general
welfare of the people of the City of Watervliet.
As used herein, the following words shall have the meanings
below set forth:
A device or series of devices, including but not limited
to devices interconnected with a telephone and/or radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual or electronic signal indicating
that an emergency exists or that the services of the Police Department
and/or Fire Department are needed.
Any person, firm, partnership, association, corporation or
other entity which uses or is in control of any alarm system at its
structure.
A need for prompt police services, a need for prompt Fire
Department services, and/or a need for prompt medical services.
An automated action which emanates from an alarm system in
a structure and causes a call or signal to the Police Department and/or
Fire Department or a Police Department and/or Fire Department dispatch
where a person therein contacts the Police Department and/or Fire
Department to such structure (whether the Police Department and/or
Fire Department actually arrive at such structure or not) without
any actual emergency existing at that structure. The intentional transmission
of a false alarm shall be punishable under the Penal Law of the State
of New York.
The City of Watervliet Fire Department and its Ambulance
Service.
Any person, firm, partnership, association, corporation or
other entity which has legal title to the real property where the
false alarm emanates from.
The City of Watervliet Police Department.
A physical improvement to real property which has an alarm
system in it placed there by or under the control of the alarm user.
The City of Watervliet.
A.Â
Any alarm user shall be liable for and pay a civil penalty to the
City of Watervliet for each and every false alarm occurring at its
structure during any calendar year as follows:
B.Â
Civil penalties shall be made payable to the Director of Finance.
If any civil penalty assessed is not paid within 30 days after a notice
or invoice is mailed, a late fee in the amount of $25 for each thirty-day
period the civil penalty remains outstanding shall be imposed.
C.Â
All unpaid civil penalties and late fees shall be a charge against
the land on which the structure is located and shall be assessed,
levied and collected by the City of Watervliet like other taxes and
assessments; provided, however, that the owner and all other persons
having an interest in the property are provided with notice and an
opportunity to be heard before the assessment of any lien against
the land.
D.Â
The City of Watervliet is authorized, after due demand having been
made, to commence an action at law in any court of competent jurisdiction
to collect any and all unpaid civil penalties and late fees assessed
pursuant to this chapter.
The City of Watervliet shall not be liable for any defects in
operation of alarm systems nor for the failure to respond to any false
alarm. Responding to or failing to respond to any alarm, whether false
or not, does not create any special duty by the City of Watervliet.
Any and all liability and consequential damage resulting from either
a) responding or b) the failure to respond to any alarm system is
hereby disclaimed, and governmental immunity is retained. Responses
by the City of Watervliet Police Department and the City of Watervliet
Fire Department may be based on factors such as availability of police,
fire and/or medical emergency units, priority of calls, weather conditions,
traffic conditions, emergency conditions and staffing levels. No duty
to respond to an alarm is represented herein as being made or promised.
