[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.]
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:
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.
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.
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.
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.
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.
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.
