Village of Northport, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Northport 8-8-1995 by L.L. No. 7-1995 (Ch. 2 of the 1966 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise from burglar alarms — See Ch. 200, § 200-5D.
This chapter shall be known as the "Alarm System Local Law of the Village of Northport."
The Board of Trustees hereby finds and determines that the enactment of this chapter of the laws of the Village of Northport is designed to and will protect and promote the health, safety and general welfare of the residents of the Village by reducing the number of avoidable alarms to emergency agencies of the Village. The Board further finds and determines that such avoidable alarms contribute to the inefficient utilization of personnel and equipment of the Police Department, Fire Department and other public safety agencies responsible for the health, safety and welfare of the residents of the Village. Additionally, such false and/or avoidable alarms require emergency responses to be effected which may contribute to a higher accident rate and delayed responses to genuine emergencies. By enacting this chapter, the Board of Trustees intends to ensure that the communications systems and equipment and facilities of the Police and Fire Departments will be available to dispatch police, fire and ambulance personnel to actual emergencies and to alleviate the nuisance caused these agencies and the public in general by false alarms in the Village. Furthermore, the Board finds and determines that by providing the Village with the names, addresses and phone numbers of responsible individuals to contact in the case of activation of an alarm, the frequency of false and/or otherwise avoidable alarms may be decreased and the proper and efficient utilization of personnel, equipment and other resources of the Village to respond to genuine emergencies may be enhanced.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM PERMIT
The written authorization of the Village granted to any person authorizing the installation or maintenance or use in premises under the permittee's control of any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices.
ALARM SYSTEM
A device or assembly of equipment which permits a sound audible beyond the property line of the premises in which it is situated in response to the existence of a hazard or emergency; or which is intended to alert emergency agencies of such existence by automatically contacting them by telephone; or which is connected to a private answering service for the purpose of reporting such existence to emergency agencies; or which is directly connected to an emergency agency for the purpose of notifying it of such existence.
AVOIDABLE ALARM
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 his employees or agents or through any other cause which through direct connection to an emergency agency or through notification of any emergency agency by a private answering service or by automatically contacting by telephone an emergency agency or through notification to any emergency agency by any second party or means indicates that an emergency situation exists requiring response within the Village when, in fact, an emergency situation does not exist. An avoidable alarm also includes the knowing or intentional activation of an alarm system to an emergency agency when the activator knows that an emergency situation does not exist. An avoidable alarm does not include alarms activated by violent conditions of nature, such as hurricanes, tornadoes, earthquakes, power outage or any other similar cause beyond the control of the user of the alarm system. Notwithstanding anything herein contained to the contrary, the defective or negligent 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 circumstance(s) beyond the control of the user of the alarm system.
EMERGENCY AGENCY
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 serving the Village of Northport.
PERSON
Any person, firm, partnership, corporation, association, company or organization of any kind.
PRIVATE ANSWERING SERVICE
A business which offers the service of receiving emergency signals, monitoring said signals and relaying them to an emergency agency.
The provisions of this chapter shall not apply to alarm systems located on premises owned by federal, state or local government agencies or authorities, the Northport Historical Society Museum or houses of worship or located on premises of public or private nursery, elementary or secondary schools, nor to 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, nor to an alarm(s) 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, unless the same is connected directly or by means of an automatic device to an emergency agency or to a private answering service or to a local alarm system.
[Amended 9-18-2007 by L.L. No. 9-2007]
No person shall own, use, lease, operate, maintain or suffer the operation or maintenance of an alarm system within the Village of Northport unless a valid permit for such system shall have been obtained from the Northport Village Police Department, which shall maintain the confidentiality of such permits and all papers submitted in connection with said permits, except as may be necessary for law enforcement purposes, and shall be in effect for such alarm system. Such permit shall be revocable as hereinafter provided.
A. 
In order to obtain an alarm permit, any person who operates an alarm system shall submit an application for such permit in the form designated by the Chief of the Northport Village Police Department, which application shall contain the following:
[Amended 9-18-2007 by L.L. No. 9-2007]
(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.
(3) 
The address to which notice as 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 individuals 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 and enter upon the premises in order to service the alarm system.
(7) 
The name, address and telephone number of the person responsible for the proper operation of the alarm system.
(8) 
Any other information relating to the alarm system or use as the Village may require.
B. 
The permit application shall be executed by the individual applying for the permit as well as by the individual responsible for the proper operation of the alarm system, which said latter individual shall thereby agree to be bound by and subject to the provisions of this chapter.
C. 
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 Village Board hereby finds and determines 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 and will be utilized only for public safety purposes and/or to enforce the provisions of this chapter.
[Amended 10-2-2018 by L.L. No. 9-2018]
Avoidable alarms as defined herein are prohibited.
[Amended 8-17-1999 by L.L. No. 12-1999]
A. 
Avoidable alarms.
[Amended 9-18-2007 by L.L. No. 9-2007; 10-2-2018 by L.L. No. 9-2018]
(1) 
Any owner, lessee, person or entity having control of property having an alarm system or fire alarm system shall pay to the Village of Northport a charge for each and every avoidable false alarm to which either the Fire Department, Police Department or a Village official responds, as follows:
(a) 
First and second false alarm occurring within the preceding two-year period; no charge, but documented by the issuance of a warning letter.
(b) 
Third false alarm occurring within the preceding two-year period: $250.
(c) 
Fourth false alarm occurring within the preceding two-year period: $500.
(d) 
Fifth false alarm occurring within the preceding two-year period: $500.
(e) 
Sixth false alarm occurring within the preceding two-year period: $500.
(f) 
Seventh and each subsequent false alarm occurring within the preceding two-year period: $500.
(2) 
In addition to the foregoing, upon conviction for a seventh avoidable alarm in a calendar year, the applicable alarm permit shall be revoked and may only be reissued when and in the event that the person or entity responsible for the alarm system provides proof deemed satisfactory to the Village Administrator and Chief of Police of the Village of Northport that the causes of the avoidable alarms has or have been rectified and that the alarm system is now in proper working order.
(3) 
Civil penalty in lieu of fine.
(a) 
Any owner, leasee, person or entity having control of property having an alarm or fire alarm system shall be subject to the Village of Northport for a civil penalty in lieu of a fine for each and every avoidable false alarm as follows:
[1] 
First and second false alarm occurring within the preceding two-year period: no charge, but documented by the issuance of a warning letter.
[2] 
Third false alarm occurring within the preceding two-year period: $250.
[3] 
Fourth false alarm occurring within the preceding two-year period: $500.
[4] 
Fifth false alarm occurring within the preceding two-year period: $500.
[5] 
Sixth false alarm occurring within the preceding two-year period: $500.
[6] 
Seventh and each subsequent false alarm occurring within the proceeding two-year period: $500.
(b) 
The above charges shall be subject to be paid to the Village Treasurer. Failure to pay any such charge shall subject such owner, leasee or user to a civil action where the Village shall be entitled to recover interest at the statutory rate for any amounts that remain unpaid for a period of 30 days or more plus reasonable attorney's fees incurred to bring such civil action.
(c) 
Any person who owns, leases, uses, controls, is responsible for or suffers the use of an alarm system required to but not having a permit issued pursuant to the terms hereof shall, upon conviction, be subject to a fine not less than $250 nor more than $500, imprisonment for a term not to exceed 15 days, or both, for each offense.
(d) 
Any violation of any provision of this chapter not hereinabove provided for shall be subject to a fine not to exceed $500, imprisonment for a term not to exceed 15 days, or both, for each offense. A separate offense shall be deemed committed for each day during which a violation occurs or is committed.
B. 
Any person who owns, leases, uses, controls, is responsible for or suffers the use of an alarm system required to but not having a permit issued pursuant to the terms hereof shall, upon conviction, be subject to a fine of not less than $100 nor more than $250, imprisonment for a term not to exceed 15 days, or both, for each such offense.
[Amended 9-18-2007 by L.L. No. 9-2007]
C. 
Any violation of any provision of this chapter not hereinabove provided for shall be subject of a fine not to exceed $250, imprisonment for a term not to exceed 15 days, or both, for each offense. A separate offense shall be deemed committed for each day during which a violation occurs or is committed.