[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-18-1986 by L.L. No. 1-1986;
amended in its entirety 1-18-2018 by L.L. No. 1-2018]
The purpose of this article is to provide regulations and standards
applicable to alarm systems and alarm users so as to reduce the incidence
of false burglar and fire alarms, maximize the efficient use of police
personnel and resources and provide efficient police protection to
Village residents.
For the purpose of this article, the following definitions shall
apply:
Any combination of components which is used to transmit a
signal directly or indirectly by a third party to the Police Department.
Any alarm device which, when activated, causes a response by the Police
Department shall be deemed to be an alarm system.
The installation, replacement or significant modification
of an alarm system. An expenditure of over $500 for modification of
an existing alarm system shall be deemed to be a significant modification
of said system.
Any person, or entity that owns, operates, uses or maintains
or permits to be used or maintained an alarm system.
A permit issued by the Old Brookville Police Department to
operate and maintain an approved alarm system.
A person or firm that has been approved by the Old Brookville
Police Department as meeting the adopted minimum qualifications and
experience to be an approved alarm installer.
An alarm system that has been certified by an approved alarm
installer to comply with the current standards and regulations established
by the Old Brookville Police Department and for which an alarm user
permit was issued and currently in force.
The Old Brookville Board of Police Commissioners.
The Board of Trustees of the Village of Upper Brookville.
Any message or signal which is transmitted directly or indirectly
to the Police Department to which the Police Department responds and
which signal or message is not the result of a criminal offense, fire
or other emergency. The transmitting of a message or signal due to
an equipment malfunction shall be deemed to be a false alarm and not
an emergency.
The Old Brookville Police Department.
The Village of Upper Brookville.
The Village Justice Court of the Village of Upper Brookville.
It shall be a violation of this article:
A.
For any alarm user to permit, allow or undertake the installation
of an alarm system in the Village which is not an approved alarm system.
B.
For any alarm user to operate or permit or allow the operation of
an alarm system in the Village which is not an approved alarm system,
or one for which an alarm user permit has not been issued.
C.
For any alarm user to fail to pay a false alarm charge within 30
days after receiving notice from the Village to pay such charge.
D.
For any alarm user to fail to obtain certification or recertification
of their alarm system as required pursuant to this chapter within
30 days.
A.
Alarm user permit. After the required alarm user permit application
and fee has been paid and the Police Department is satisfied that
the alarm system complies with the requirements of this article and
the current Police Department rules and regulations for alarm systems,
the Police Department shall issue an alarm user permit. An alarm system
shall not be operated until an alarm user permit has been issued for
the alarm system.
B.
Permit period.
(1)
Commencing 2018, an alarm user permit shall be issued for a five-year
term covering each calendar year during the five-year term. All new
alarm user permits shall initially expire on December 31, 2023, and
thereafter expire on December 31st every five years from there on.
Any new alarm user permit issued after 2018 shall be prorated as to
fee and permit term. If an alarm user replaces an alarm system, or
significantly modifies an existing system, a new alarm user permit
must be applied for and issued, which permit fee and term shall be
prorated.
C.
A duly issued and currently valid alarm user permit may be transferred
without charge to a new property owner on written notice to the Village.
D.
Renewal of permits. Alarm user permits may be renewed upon filing
a renewal application with the Police Department, payment of the appropriate
permit fee to the Police Department and compliance with the following:
(1)
All fines and charges for violating any provision of this article
have been paid.
(2)
There is full compliance with all rules, regulations and provisions
of this article.
(3)
There are no existing unremedied violations of this article, or of
the rules and regulations.
(4)
Certification from an approved alarm installer that the alarm system complies with all current requirements as an operating approved system in accordance with § 78-12B.
(5)
Payment of the renewal fee as set by the Board of Trustees. For every
prior year for which there were no false alarms recorded, a 20% credit
for each false-alarm-free year shall be given towards the renewal
fee.
A.
After an alarm user receives notice from the Village or Police Department
of having three false burglar alarms at the premises in any calendar
year, the alarm user shall have the alarm system inspected and tested
within 30 days of notification and thereafter submit to the Village
certification from an approved alarm installer that the alarm system
is fully operational and is in compliance with the approved alarm
system requirements.
B.
If the alarm user fails to have the alarm system certified to be
in full compliance within the thirty-day period, it shall be grounds
for revocation of the alarm user's permit. The alarm user may,
upon good cause, be granted a reasonable extension of time by the
Mayor or Chief of Police to correct or remedy such violation.
A.
If a burglar alarm is transmitted from premises for which no alarm
user permit is currently in effect, the Police Department shall not
be required to respond to said alarm signal, and the occupant(s) and
owner(s) of the premises shall be in violation of this article.
B.
If an alarm system is activated and the premises are unoccupied,
the police shall be authorized to enter the premises to investigate
the alarm and make any adjustments to the alarm system, including
disconnection of the audible alarm signal to terminate a nuisance
condition. The Police Department shall notify the alarm user as soon
thereafter as practical to indicate the adjustments made to the alarm
system.
C.
An alarm user shall designate a person living within 15 miles of
the premises containing the alarm system so as to provide access to
the premises to investigate the alarm system and facilitate the prompt
termination of any nuisance caused by the alarm system.
A.
The Chief of Police, in compliance with the requirements of Subsection C, may deny, suspend or revoke a permit on any of the following grounds:
(1)
False statement or willful and knowing misrepresentation made in
a permit application;
(2)
Failure to comply with any lawful order or notice issued by the Chief
of Police or Village;
(3)
Repetitive or flagrant violation of the provisions of this article,
or the rules and regulations;
(4)
Failure to correct any deficiencies in equipment, procedures or operations
within 30 days of receipt of notice; or
(5)
The activation of more than six false alarms within a calendar-year
period.
B.
Any alarm user permit issued hereunder shall be surrendered to the
Police Department or Fire Department upon the revocation, suspension
or expiration of such permit.
C.
Denial, suspension or revocation by the Chief of Police shall become
effective 30 days after written notice thereof is mailed to the burglar
alarm user by certified mail, return receipt requested. within the
thirty-day period, the burglar alarm user may appeal the Police Chief's
action to the Old Brookville Board of Police Commissioners, which
shall have the power to stay, affirm, reverse or modify the action
of the Chief of Police.
A.
Alarm user charge. An alarm user shall pay to the Village the following
fines for each and every false alarm recorded in each calendar year
as follows:
(1)
For each of the first two false alarms: no charge.
(2)
For the third false alarm: The alarm system must be inspected and certified as an operating approved system in accordance with § 78-12B.
(3)
For the fourth and fifth false alarms: $250 each.
(4)
The sixth and all additional false alarms: $500 each.
B.
New alarm system installations will be permitted two nonchargeable
false alarms during a ninety-day period after the initial installation
of the alarm system.
C.
False alarm charge notification procedure. Whenever an alarm user
has a chargeable false alarm in any calendar year, the Village Clerk
shall mail a notice requesting payment by certified mail, return receipt
requested. If payment is not received by the Village within 30 days
from the date of mailing or from the date of refusal (if the alarm
user refuses delivery of the notice), it shall be deemed a violation
of this article.
D.
The full monetary charge shall become the property of the Village
30 days after its payment to the Village, unless, before the end of
the thirty-day period, the alarm user submits a written request to
the Chief of Police for review of the charge. If the Chief of Police
sustains the charge, the alarm user may appeal such action to the
Board of Police Commissioners within 15 days after receiving written
notice of the same. The Board of Police Commissioners shall have the
power to affirm, reverse or modify the actions of the Chief of Police.
E.
Unpaid false alarm fees will bear interest at the Village financing
rate, to be determined from time to time by resolution of the Board
of Trustees. The Village will have the right to treat any unpaid amounts
due the same as the property tax assessment.
The Board of Trustees may, by resolution, promulgate rules,
regulations and standards and increase or modify fees and monetary
fines, in its sole discretion, to ensure the quality, efficiency and
effectiveness of the enforcement, interpretation and implementation
of this article.
A.
Notwithstanding the payment of any permit fee, the issuance of any
permit or involvement by the Police Department pertaining to an alarm
system, the Police Department and the Village, including its agents
and employees, make no representation and shall be under no obligation
whatsoever concerning the adequacy, operation or maintenance of an
alarm system installation, nor do they assume any liability whatsoever
for any failure of any such alarm system or for failure to respond
to any such alarm system or for any act of omission or commission
involving an alarm system.
B.
The foregoing subsection shall be printed conspicuously on all permits
issued pursuant to this article.
A.
An alarm user maintaining and operating an existing alarm system
pursuant to a valid alarm user permit immediately prior to the effective
date of this article shall be subject to all provisions of this article,
except that such alarm user shall not be required to obtain or be
required to renew an alarm user permit or pay an alarm user permit
fee, provided that there is compliance with the regulations in force
immediately prior to the effective date of this article.
B.
If an existing alarm user has three chargeable false alarms within
any twelve-month period, or if he replaces or significantly modifies
his alarm system, said alarm user shall be required to provide the
Village with written certification from an approved alarm installer
that the alarm system is fully operational and complies with the current
standards for any approved alarm system.
C.
An alarm user who has been charged with violating the provisions
of the Village's burglar alarm regulations in force prior to
the effective date of this article shall be governed by the provisions
of said burglar alarm regulations and pay any false burglar alarm
charges in accordance with such regulations.
