[HISTORY: Adopted by the City Council of the City of Ogdensburg 5-11-1992 (Ch. 65, Art. VIII, of the 1975 Ogdensburg Municipal Code). Amendments noted where applicable.]
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 the 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 purposes of reporting such alarms to the 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 in the City of Ogdensburg, except for a person whose alarm is on a mobile vehicle or is a proprietary system.
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 agency or through any other cause which, through direct connection through an emergency agency, or which, through notification of any emergency via a private answering point or an automatic dialing service, or which, through notification to an emergency agency by any other second party or means, indicates that emergency situations exist requiring an emergency response within the City of Ogdensburg 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 and 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 alarm systems under any circumstances in which the activator reasonably believes that emergency situations exist is not an "avoidable alarm."
EMERGENCY AGENCY
The Police Department or Fire Department, when summoned to respond to an emergency situation by the fire/police dispatch center.
LOCAL ALARM SYSTEM
A signaling system which, when activated, causes an audible signaling device to be activated outside the premises within which the system is installed.
PRIVATE ANSWERING POINT
A business which offers the services of receiving emergency signals, monitoring said signals and relaying them to an emergency agency.
PROPRIETARY SYSTEM
An alarm, sounding and/or recording alarm and supervisory signals at a control center located within the premises protected by the alarm which is not intended to alert persons outside 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 to or by means of an automatic dialing device to an emergency or to a private answering point or to a local alarm system, it thereby becomes an alarm system as defined in this section.
The provisions of this chapter shall not apply to proprietary alarm systems. Additionally, a thirty-day grace period will be allowed for new alarm systems.
A. 
The City shall notify an alarm user, in writing, by means of first class mail sent to the home address listed at the dispatch center of all avoidable alarms during the calendar year. Such notice shall inform the alarm user that if the alarm user has three avoidable alarms within a calendar year, then he will be subject to an excessive use fee. The excess use fee shall be as follows:
Number of Avoidable Alarms
Excessive Use Fee
4 or 5
$50
6 or 7
$100
8 or more
$250
B. 
The City shall notify each alarm user, in writing, by means of first class mail of each avoidable alarm incurred and the amount to be charged. Should the City not receive prompt payment within 30 days of the date of the invoice, the City reserves the right to disconnect the user from the emergency control center panels for excessive abuse.
The Chief of Police and the Fire Chief shall establish policy and procedures whereby an alarm user who has been notified of an avoidable alarm may present evidence as to why any such alarm should not be classified as an avoidable alarm. The Chief of Police and the Fire Chief shall designate members of their Departments to collect such evidence and make a recommendation and findings of fact concerning such classification. The Chief of Police or Fire Chief shall make the final determination concerning a classification, which determination shall be reviewable only pursuant to procedures established under Article 78 of the Civil Service Practice Law and Rules. In order to challenge the classification of an alarm as an avoidable alarm, an alarm user must notify the Chief of Police, in writing, within 20 days after the notification to the alarm user of the avoidable alarm. The failure to give timely notice shall be deemed a waiver of the right to challenge the classification.
The decision to disconnect users from the fire control center shall be at the sole and absolute discretion of the Fire Chief of the Fire Department. The decision to disconnect users from the intrusion alarm system shall be at the sole and absolute discretion of the Police Chief of the Police Department.
The Chief of Police and Fire Chief shall have the authority to promulgate rules and regulations concerning alarm systems. The Ogdensburg Police and Fire Departments will monitor both telephone and direct alarms, as long as the owner's alarm is compatible with the present equipment and resources.