[HISTORY: Adopted by the Common Council of
the City of Peekskill 4-22-1996 (Ch. 105 of the 1984 Code). Amendments noted where applicable.]
A.Â
It is determined that an increasing number of alarm
devices are being installed and used in the City of Peekskill, that
this has contributed to a significant number of false alarms being
made or relayed to the Police and Fire Departments, and that false
alarms hinder the efficiency of these departments, lower the morale
of their personnel and constitute a danger to the public safety and
welfare.
B.Â
The purposes of this chapter are to regulate the use
and installation of alarm devices, promote their responsible use and
reduce the number of false alarms transmitted to the Police and Fire
Departments. Among other things, this chapter defines and provides
for the registration of alarm devices.[1]
As used in this chapter, the following terms
shall have the meanings indicated:
A visible or audible signal, or a signal transmitted over
telephone lines or by other means, which is intended to give notice
of an incident to which the Police Department or Fire Department is
expected to respond. A telephone voice call or radio transmission
made by an individual available to be engaged in two-way communication,
and not in response to an alarm device, is not an alarm within the
meaning of this chapter.
An individual designated pursuant to this chapter who is
charged with responsibility for the administration of this chapter.
One or more of the following activities, when carried on
in the conduct of a business for profit: selling, leasing, supplying,
installing, servicing, repairing, removing, maintaining or operating
alarm devices.
A person owning or operating a business engaged in one or
more alarm business activities.
A device, series or combination of devices or system of devices
which transmits an alarm when activated by a criminal act, unauthorized
intrusion, fire or other emergency. Excluded from this definition
and the scope of this chapter are single-unit, battery-operated smoke
alarms and other devices which are designed to alert or signal only
persons in the premises or residence where they are installed.
[Amended 7-24-2006 by L.L. No. 4-2006; 12-11-2006 by L.L. No. 9-2006]
A person appointed by the City Manager who shall not be a
member or employee of the Peekskill Police Department.
[Added 10-27-2003 by L.L. No. 14-2003]
A facility designated in this chapter or by the City of Peekskill
Common Council as being authorized to receive transmissions and communications
that give notice of or relate to the activation of alarm devices,
including communications from central stations. Police Headquarters
is hereby designated as an alarm-response facility.
Includes each person owning, leasing or otherwise having
control over the premises or residence where an alarm device is used
or installed.
[Amended 7-24-2006 by L.L. No. 4-2006; 12-11-2006 by L.L. No. 9-2006]
A telephone device or attachment that automatically or electronically
selects a telephone line to Police or Fire Headquarters, or to a facility
maintained by or under the control of the City of Peekskill, and reproduces
a recorded message to report an incident calling for a response from
the Police Department or Fire Department. Excluded from this definition
are alarm devices which relay a digital coded signal.
A facility to which signals from remote alarm devices are
transmitted for verification, monitoring, recording or evaluation,
and from which information concerning the activation of an alarm device
is relayed or reported, when deemed appropriate, to the Police Department
or Fire Department, or to a designated alarm response facility. An
office or facility of the City of Peekskill shall not be deemed a
central station.
Services customarily provided to users or owners of alarm
devices by central stations.
Any activation of an alarm device registered or required
to be registered pursuant to this chapter to which the Police Department
or Fire Department respond which is not caused by a criminal act,
unauthorized intrusion, fire or other emergency.
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity.
When used with reference to an identifiable registered alarm
device, the person to whom a registration permit has been issued for
such device; and when used with reference to any other alarm device,
the owner of the premises or residence at which the alarm device is
installed or located.
[Amended 7-24-2006 by L.L. No. 4-2006; 12-11-2006 by L.L. No. 9-2006]
A.Â
Subject to the provisions of § 160-18, no person owning, leasing or occupying premises located in the City of Peekskill shall install, use or operate an alarm device, or permit the installation or operation of an alarm device, at or upon such premises unless:
(1)Â
Such device is registered with the alarm administrator
in accordance with the provisions of this chapter.
(2)Â
An alarm device registration permit issued pursuant
to this chapter is in effect for such device for a period of one year,
renewable July 1 of each year.
[Amended 7-24-2006 by L.L. No. 4-2006; 12-11-2006 by L.L. No. 9-2006]
B.Â
Subject to the provisions of § 160-18, no person owning, using or operating an alarm device at premises within the City of Peekskill shall cause or suffer such device to be actively connected to an alarm response facility, including Police Headquarters, unless such device is registered with the alarm administrator in accordance with the provisions of this chapter and an alarm device registration permit issued pursuant to this chapter is in effect for such device. For purposes of this chapter, an alarm device shall be deemed to be actively connected to an alarm-response facility if the Police Department or Fire Department is expected to respond to an activation of the device as a result a signal, information or notice transmitted or communicated to an alarm-response facility from the device or from a central station or other intermediary acting pursuant to arrangements made by the owner or a user of the device.
C.Â
No person shall relocate an alarm device registered
pursuant to this section to a different premises unless the alarm
device registration permit issued for the device is first amended.
D.Â
On proper application of an alarm user, the alarm
administrator is authorized to register an alarm device or issue or
amend an alarm device registration permit in accordance with the provisions
of this chapter.
A.Â
To apply for the registration of an alarm device or
for amendment of an alarm device registration permit, an alarm user
or owner shall:
(1)Â
Pay the applicable fee.
(2)Â
File with the alarm administrator a completed application statement in the form prescribed and provided by the administrator, containing such information as the administrator may require in accordance with § 160-4E.
(3)Â
Where the application is for amendment of a permit,
submit to the administrator the permit sought to be amended.
B.Â
Within 20 days following receipt of a properly completed
application under this section, the alarm administrator shall issue
to the applicant an alarm device registration permit for the alarm
device described in the application statement, or amend a permit as
requested, unless the administrator determines that the application
should be denied in its entirety or in particular aspects because
either the applicant has failed to comply with applicable registration
requirements established by or pursuant to this chapter or, under
the provisions of this chapter, the applicant is not entitled to the
permit or official action requested. If the alarm administrator determines
not to issue or amend a permit or take particular action requested,
he shall give prompt written notice of such determination to the applicant,
indicating in such notice the basis for the determination made. Notices
hereunder shall be given by certified mail, return receipt requested.
C.Â
An alarm device registration permit issued or amended
under this section shall remain in effect until surrendered or until
suspended or revoked in accordance with the provisions of this chapter.
(1)Â
Issuance of permit decals. A decal with the alarm
permit number will be issued with the alarm permit. This decal must
be prominently posted on or near the front entrance to the premises
or residence so that the information provided on the decal is visible
from the outside of the structure.
[Added 12-11-2006 by L.L. No. 9-2006]
D.Â
The alarm administrator shall maintain records of
all applications made and permits issued and amended under this section
and of reported false alarms and activations of registered alarm devices.
Such records shall be kept in a format which will permit the administrator
to determine the number of false alarms, if any, which have been caused
by and charged to a registered alarm device.
E.Â
In furtherance of the purposes of this chapter, the
alarm administrator is authorized to prescribe the form or forms to
be filed and the information to be furnished in connection with an
application for registration made under this section. Each applicant
for an alarm device registration permit shall be required to furnish
registration information concerning the type of device for which application
is made (fire, burglar, medical emergency, etc.), the identity of
the applicant and of the owner or lessee of the device, the identity
of the premises and of the owner of the premises where the device
is to be installed, the identity of the supplier and installer of
the alarm device and of persons contracting to service, maintain or
repair the device, the New York State alarm license numbers of the
installation/service company, the identity of any central station
or other intermediary which will receive signals from the device in
the event of its activation and the identity of a responsible person,
in addition to the applicant, who may be contacted in the event of
an activation of the device.
F.Â
Each recipient of an alarm device registration permit
shall notify the alarm administrator, in writing, of all material
changes in submitted registration information, including any changes
in the identity of the person or persons owning, leasing or otherwise
having control over the premises where an alarm device is used or
installed, in order that such information may be kept current. If
a registered alarm device is removed from use other than on a temporary
basis, the permit issued for such device shall be surrendered to the
alarm administrator within 30 days following such removal.
No person shall install or register an automatic-dial
alarm on or after the effective date of this chapter. Notwithstanding
the prohibitions contained in this section, an automatic-dial alarm
installed and in use prior to the effective date of this chapter may
continue to be used and operated pursuant to an alarm device registration
permit issued under this chapter:
A.Â
After the effective date of this chapter, the alarm administrator will not register or permit the registration of an alarm device which transmits a digitally coded signal or other alarm directly to Police Headquarters or any other designated alarm-response facility, or to any equipment or facility otherwise maintained by or under the control of the City of Peekskill, unless the alarm user has received special authorization in accordance with Subsection B of this section.
B.Â
A governmental agency or entity or a not-for-profit
institution may be granted authority by the alarm administrator to
have a direct line to Police Headquarters or another designated alarm
response facility, provided that:
(1)Â
The connection is by high-grade, dedicated line meeting
specifications that may be established by the Common Council in consultation
with the administrator and departments concerned.
(2)Â
The alarm user supplies all equipment necessary for
such connection, including any equipment required at the response
facility to receive and monitor such transmissions, and such equipment
meets all specifications that may be established by the Common Council
in consultation with the administrator and departments concerned.
(3)Â
The Police Department or Fire Department determines
that the level of risk and exposure, or other factors, justify a direct
line connection.
(4)Â
The administrator determines that the facilities and
resources available to the City are suitable and adequate for such
direct connection and that such connection will not unduly burden
the functioning of the City's alarm-response facility.
Unless otherwise expressly permitted or required
by law, the alarm administrator will not register or permit the registration
of an alarm device for installation within the City of Peekskill if
such device produces an exterior audible signal which is not designed
to limit each activation of such signal to a maximum period of 15
minutes.
A.Â
It shall be a violation of this chapter to intentionally cause a false alarm, and any person who does so shall be subject to the penalty provisions of § 160-17.
B.Â
It shall be a violation of this chapter for an end
user to have an alarm system installed or serviced by a company that
is not licensed by New York State.
A.Â
The Police Department or Fire Department shall investigate and report to the administrator all false alarms to which it responds. Each false alarm with respect to which a charge is imposed pursuant to § 160-10 shall be supported by a written report of an investigating officer, which report shall be furnished to the administrator and made available to the alarm user against whom the charge is made.
B.Â
A central station that reports the activation of an
alarm device to which the Police Department or Fire Department is
expected to respond shall use its best efforts to promptly notify
the owner or user of such device, or his authorized representative,
of the activation of the device.
A.Â
When the administrator determines that the Police
Department or Fire Department has responded to a false alarm as a
result of the activation or report of activation of an alarm device,
the administrator shall impose a charge on the responsible alarm user
in accordance with the following schedule:
[Amended 2-19-2015 by L.L. No. 1-2015]
|
False Alarms
|
Charge
| |
|---|---|---|
|
First
|
No charge
| |
|
Second
|
No charge
| |
|
Third
|
No charge
| |
|
Fourth and each subsequent
|
$125
|
B.Â
The charge imposed shall be computed on the basis
of the number of false alarms recorded in the same calendar year against
the alarm device generating the false alarm, or, if a specific registered
alarm device cannot be identified as the cause of the false alarm,
then the charge shall be imposed on the basis of the number of recorded
false alarms occurring in that year at the same premises. However,
in determining the amount of the charge to be imposed under this section,
the administrator shall not consider or take into account any false
alarm occurring prior to the effective date of this section. Notice
of each false alarm recorded against an alarm device or premises shall
be given to the responsible user.
C.Â
Except as otherwise herein provided, all false alarms
occurring after the effective date of this section, whether caused
intentionally or not and whether due to a malfunction of an alarm
or not, shall be subject to the imposition of charges pursuant to
this section.
D.Â
The administrator shall notify the responsible user
by written notice of a false alarm charge imposed. If the false alarm
occurs at a premises within the City of Peekskill, a copy of such
notice also shall be sent, in the same manner, to each other person
identified as a record owner of the premises at which the false alarm
occurred. The administrator shall also forward a copy of such notice,
along with all supporting documentation to substantiate said violations
and charges to the Alarm Hearing Officer.
[Amended 10-27-2003 by L.L. No. 14-2003]
E.Â
Within 30 days after the mailing of such notice, the
alarm user or a record owner of the premises may contest the false
alarm charge by filing an appeal, in writing, to the Alarm Hearing
Officer, information to show that a false alarm did not occur or that
the charge imposed was incorrectly computed and should be modified.
[Amended 10-27-2003 by L.L. No. 14-2003]
(1)Â
If the defense to a false alarm charge is based on
a claim that an alarm device activation was caused by a malfunction
of telephone equipment under the control of a telephone company or
by a public utility system power failure.
(2)Â
If the defense is supported by verification from the
telephone company or electric utility company involved or by other
probative evidence.
F.Â
The Alarm Hearing Officer, after considering all information
submitted, shall reaffirm, rescind or modify the false alarm charge,
notifying the administrator, alarm user and record owner of the premises
of his decision.
[Amended 10-27-2003 by L.L. No. 14-2003]
G.Â
Failure of a responsible alarm user to pay a false alarm charge imposed under this section within 30 days after a decision on appeal affirming such charge or after an appeal is waived shall constitute an offense against and violation of this chapter and shall subject a violator to the penalties described in § 160-17, without affecting the obligation of such person to pay the false alarm charge imposed.
[Amended 10-27-2003 by L.L. No. 14-2003]
H.Â
All charges imposed under this section shall be paid
to the City of Peekskill and deposited to the general funds of the
City.
[Added 10-27-2003 by L.L. No. 14-2003]
I.Â
All charges imposed for false alarms under this section which remain unpaid for 60 days after such charge is no longer subject to an administrative appeal shall become a lien upon the property from which the false alarm originated if such property lies within the City of Peekskill, shall be added to the next City property tax bill and shall be collected in the same manner and by the same means as a tax. The remedy of collecting such charges in this manner shall not be exclusive, shall be in addition to any other lawful remedy and shall not preclude the bringing of a violation pursuant to the authority set forth in § 160-10G of this section.
[Added 10-27-2003 by L.L. No. 14-2003; amended 5-24-2004 by L.L. No. 7-2004]
A.Â
If activations of an alarm device result in three
false alarms within a single calendar year, the administrator shall
give notice thereof to the responsible alarm user. Such notice shall
indicate that an alarm device registration permit may be suspended
or revoked pursuant to the provisions of this chapter if activation
of the alarm device for which it is issued results in five or more
false alarms within a single calendar year. The notice shall request
that the device be inspected and tested by a New York State licensed
contractor and adjusted or repaired if necessary, and that the alarm
user submit a contractor's certificate evidencing that the alarm device
has been inspected subsequent to the administrator's request, and
that it is in proper working order and condition, including a report
of corrective action taken.
B.Â
Activations of any alarm device which result in five
or more false alarms within a single calendar year shall be grounds
for the suspension or revocation of the alarm device registration
permit issued for such device.
Information obtained by the administrator under
this chapter relating to particular alarm users and alarm devices
shall not be divulged without the written consent of the alarm user
concerned, except as necessary or appropriate to the enforcement or
administration of this chapter or to assist the Police Department
or Fire Department in responding to an alarm.
Except as otherwise provided herein, notices
required or permitted to be given pursuant to the provisions of this
chapter shall be in writing and may be given and delivered by first-class
mail. Notices shall be deemed given when properly deposited with the
United States Postal Service or when delivered personally.
A.Â
Notwithstanding the payment of any fee and/or the
issuance of any permit as herein required, the City shall be under
no obligation whatsoever concerning the adequacy, operation or maintenance
of the alarm device so installed, and the City and its authorized
agents hereby assume no liability whatsoever for any failure of any
such alarm device or the central response facility or for the failure
to respond to any such alarm or for any act of commission or omission
as a result of any such alarm device or system.
B.Â
The issuance of an alarm user permit does not create
any special relationship or obligation on the part of the City to
respond to any alarm.
C.Â
The alarm user or permittee, upon acceptance of such
permit, hereby agrees to hold and save harmless the City, its agents
or employees from any liability whatsoever in connection with any
such alarm device or the operation of the same.
It shall be a violation of this chapter for
any person to make a false statement or submit false or misleading
information in connection with any application made under this chapter
or with respect to the updating or submitted registration information
or in connection with any proceeding commenced under this chapter.
A.Â
For a violation of any of the provisions of this chapter
or any of the rules, regulations or orders promulgated under this
chapter and as otherwise provided in this chapter, the administrator
may deny an application for registration or for a permit, or may decline
to issue, amend or renew a permit, or may suspend or revoke a permit
or registration which has been issued or granted.
B.Â
No permit or registration shall be suspended or revoked
except upon written notice to the registrant or permittee who shall
be accorded an opportunity to be heard and to contest such suspension
or revocation.
C.Â
Any permit issued under this chapter shall be surrendered
to the administrator upon suspension or revocation, and failure to
do so in a timely manner shall constitute a violation of this chapter.
D.Â
No part of any fee payable in connection with an application
made under this chapter shall be refundable by reason of the denial
of such application or because of the suspension or revocation of
a permit or registration.
Any person who violates any provision of this
chapter shall be subject to a fine in an amount not to exceed $250
for each offense. Each day that a violation continues shall constitute
a separate offense.
[Added 7-24-2006 by L.L. No. 4-2006; amended 12-11-2006 by L.L. No. 9-2006; 2-17-2015 by L.L. No. 1-2015; 2-27-2017 by L.L. No.
1-2017]
None of the provisions of this chapter shall
apply to an emergency alarm device or devices installed in a motor
vehicle or trailer nor to employees of a public utility company engaged
in the business of providing communication services or facilities.
[Amended 10-27-2003 by L.L. No. 14-2003]
A.Â
This chapter shall be administered by an alarm administrator
who shall have the powers and duties accorded to the administrator
under this chapter, including the authority to promulgate rules and
regulations as herein provided.
B.Â
The Chief of Police or his/her designee shall serve
as the alarm administrator.
C.Â
The administrator may adopt such rules, regulations
and standards necessary or appropriate to effectuate the purposes
and promote the effective administration of this chapter.
D.Â
The administrator may, for good cause shown, enlarge
the periods prescribed herein for compliance or appeal.
E.Â
The administrator may order the disconnection of any
alarm device or other equipment used, installed, connected or operated
in violation of the provisions of this chapter or any rules, regulations
or orders promulgated hereunder. It shall be a violation of this chapter
for any person to disobey any such order lawfully given.
[Amended 10-27-2003 by L.L. No. 14-2003]
A.Â
All appeals must be made in writing to the administrator within 30 days after mailing of the notice pursuant to § 160-10B hereof, in default of which the right to an appeal shall be deemed waived.
C.Â
The Alarm Hearing Officer shall review all documentation
presented by both the administrator and the appellant in his defense.
Upon the conclusion of such review, the Hearing Officer shall make
a binding determination and shall either affirm, reverse, or reverse
in part the determination of the administrator. Any person aggrieved
by the determination of the Hearing Officer, including the administrator,
shall have the right to challenge such determination pursuant to Article
78 of the Civil Practice Law and Rules of the State of New York.
The City may institute civil or other proceedings
to enforce the provisions of this chapter and the rules, regulations
or orders promulgated hereunder.
If any part or parts of this chapter are for
any reason held to be invalid or unenforceable, such decision shall
not affect the validity or enforceability of the remaining parts of
this chapter.
