Village of Mill Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck 6-4-1991 as L.L. No. 2-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 85.
[1]
Editor's Note: This local law was adopted as Chapter 5 of the Code, but was redesignated as Ch. 29 to maintain the organizational and alphabetical integrity of the Code.

§ 29-1 Purpose; objectives.

The purpose of this chapter is to provide regulations and standards applicable to alarm systems, alarm businesses, alarm agents and alarm users so as to reduce the incidence of false burglar alarms, maximize the efficient use of police personnel and resources and provide efficient police protection to village residents.

§ 29-2 Definitions.

For the purpose of this chapter, the following words herein are defined as follows:
ALARM AGENT
Any person who is employed by or otherwise represents any alarm business whose duties include any of the following: selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing in or on any building, place or premises any alarm system.
ALARM BUSINESS
Any business, firm, proprietorship, partnership, corporation or other commercial entity which is in the business of owning, operating, maintaining, installing, servicing, repairing, altering, replacing, leasing, selling, monitoring or receiving signals from or responding to an alarm system.
ALARM SYSTEM
Any combination of components which is used to transmit a signal directly or indirectly 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."
ALARM SYSTEM INSTALLATION
The installation, replacement or significant modification to an alarm system. An expenditure of over $500 for modification to an existing alarm system shall be deemed to be a significant modification to said system.
ALARM USER
Any person or commercial entity who owns, rents or otherwise occupies any structure or premises on which an alarm system is owned, operated, used or maintained or permitted to be used or maintained.
APPROVED ALARM SYSTEM
An alarm system which incorporates the following features and meets the following requirements:
A. 
The approval of the Police Department as to the suitability and quality of all devices, equipment and hardware and the approval of Underwriter Laboratories.
B. 
Has an exterior or interior audible signal which can be clearly heard in all portions of the protected structure when the alarm system is automatically activated. An audible signal is not required for alarm systems that are intentionally activated by a "panic button" or a similar device specifically designed to enable an alarm user to intentionally activate the alarm system.
C. 
If an alarm system has an audible outdoor alarm signal, it automatically terminates within 15 minutes of activation.
D. 
Will not transmit more than two alarm messages upon a single activation to the Police Department (if applicable). The limitation of two messages shall include messages transmitted by recorded or taped devices.
E. 
Has an automatic dialer (if applicable) which shall be programmed to dial a Police Department approved telephone number for alarm systems. Under no circumstances shall any alarm system be programmed to dial 911 or 626-1300.
F. 
Contains a thirty-second time lapse between initial activation of the alarm system and transmission of the alarm signal to the Police Department or Central Alarm Station with an abort feature or alternate means of canceling the alarm signal within the thirty-second period. An abort feature shall not be required for devices specifically designed to enable an alarm user to intentionally activate the alarm system.
G. 
Contains such other technical features or requirements as shall be provided in the rules and regulations governing alarm systems as shall hereafter be duly approved and promulgated by the Old Brookville Board of Police Commissioners.
H. 
Has an alarm user permit which has been issued for the alarm system.
CENTRAL ALARM STATION
An alarm business which receives, records or validates alarm signals and/or relays information to the Police Department. Any commercial entity that provides "central alarm station" services to premises in the village shall be considered an alarm business subject to the licensing, regulatory and penalty provisions of this chapter.
DOING BUSINESS
An alarm agent or alarm business shall be deemed to be "doing business" in the village if they operate, maintain, modify, install, service, repair, alter, replace, lease, sell, monitor, receive a signal from or respond to, or in any way conduct installation services or provide central station service for, an alarm system in the village.
FALSE ALARM
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 or the unauthorized actions of an alarm business or alarm agent shall be deemed to be a "false alarm" and not an emergency.
POLICE DEPARTMENT
The Old Brookville Police Department, Old Brookville, New York.
VILLAGE
The Incorporated Village of Mill Neck ("Mill Neck").
VILLAGE JUSTICE COURT
The Village Justice Court of Mill Neck.

§ 29-3 Regulation of systems.

A. 
It shall be a violation of this chapter for any alarm user, alarm agent or alarm business to permit, allow or undertake the installation of an alarm system in the village which is not an approved alarm system or for which a valid alarm installation permit has not been issued.
B. 
It shall be a violation of this chapter 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. 
It shall be a violation of this chapter for any person to fail to pay a false burglar alarm charge within 30 days after receiving notice to pay such charge.

§ 29-4 Regulation of businesses and agents.

A. 
It shall be unlawful for any alarm business or alarm agent to do business in the village without a license or to refuse to display the required identification upon request.
B. 
Alarm businesses and alarm agents who are presently doing business in the village under an existing license as of the effective date of this chapter may continue to do business under such license for a period of 90 days after the effective date of this chapter. Thereafter, they shall obtain the required license to do business in the village.

§ 29-5 Licenses and permits.

A. 
Alarm businesses and alarm agents. Applications for alarm business and alarm agent licenses and permits shall be filed with the Police Department on an approved form and accompanied by the required application fee. In addition, a fingerprint processing fee required by, and payable to, the New York State Division of Criminal Justice Services shall be submitted for the purpose of obtaining a criminal history record from the Division of Criminal Justice Services and/or any other state where the alarm business officers or supervisors or alarm agents may have resided and/or the Federal Bureau of Investigation to determine their eligibility for a license or permit. Prior to processing the application, the Police Department may require the officers and supervisors of an alarm business and an alarm agent to be fingerprinted at Police Headquarters. Prior to the issuance of an alarm agent license, the alarm agent shall be photographed for identification purposes.
B. 
Alarm installation permit. Application for an alarm installation permit shall be filed with the Police Department on the approved form and accompanied by installation specifications and plans and the alarm user permit fee. An alarm installation permit shall be obtained prior to installing any alarm system.
C. 
Alarm user permit. After the required alarm user permit fee has been paid and the Police Department is satisfied that the alarm system complies with the requirements of this chapter and the rules and regulations, 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.
D. 
License and permit periods.
(1) 
An alarm business license and alarm agent license shall be valid for a two-year period.
(2) 
An alarm installation permit shall be valid for 90 days after issuance.
(3) 
An alarm user permit shall expire when an alarm system is replaced or significantly modified or when a change in ownership of the premises occurs.
E. 
Renewal of licenses and permits. Alarm business and alarm agent licenses and alarm user permits may be renewed upon filing a renewal application with the Police Department and payment of the appropriate license or permit fee, provided that:
(1) 
All fines and charges for violating any provision of this chapter have been paid;
(2) 
There is full compliance with all rules, regulations and provisions of this chapter; and
(3) 
There are no existing unremedied violations of this chapter or of the rules and regulations.
F. 
Multivillage permit. A single alarm business or alarm agent license issued by the Police Department shall be recognized for doing business within the village.

§ 29-6 Fees.

The Police Department shall charge, collect and retain the following processing fees as follows:
A. 
Business license: $100 for a two-year period.
B. 
Agent license: $50 for a two-year period.
C. 
Alarm user permit [valid for one year]:
(1) 
New alarm installation, significant modification to existing alarm system or change of ownership: $50.
(2) 
Initial permit fee for all existing alarm users who do not have an alarm user permit as of the effective date of this chapter: $50.
(3) 
Annual renewal fee: $20.
D. 
For new installations or significant modifications to an existing alarm system, an alarm installation permit shall be issued free of charge, when the alarm user permit fee has been paid.
E. 
No refunds of license or permit fees shall be made. If revoked, a new license or permit fee must be paid to reinstate any revoked license or permit.

§ 29-7 Inspections.

A. 
After a recurring problem of false burglar alarms at the premises, a representative of the Police Department, upon reasonable notice, shall be permitted to inspect and test an alarm system or alarm system installation. If permission to inspect is refused, it shall be grounds for revocation of the alarm user permit.
B. 
If an inspection reveals any violations of or noncompliance with the provisions of this chapter or the rules and regulations, a written report shall be promptly mailed to the alarm user. Within 30 days after receipt of such report, the alarm user shall take corrective action so that the alarm system complies with the provisions of this chapter and the rules and regulations. If the alarm user fails to bring his alarm system into compliance, it shall be grounds for revocation of the alarm user permit. The alarm user may, upon good cause, be granted a reasonable extension of time by the Chief of Police to correct or remedy such violation.

§ 29-8 Response to activated alarm system.

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 the alarm signal and the occupant(s) and owner(s) of the premises shall be in violation of this chapter.
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 of 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 for investigating the alarm system and facilitating the prompt termination of any nuisance caused by the alarm system.
D. 
If a central alarm station relays a false burglar alarm and does not have an alarm business license, the central alarm station shall be in violation of this chapter.

§ 29-9 Denial, suspension or revocation of license or permit.

A. 
The Chief of Police, in compliance with the requirements of § 29-10, may deny, suspend or revoke a license or permit for the following grounds:
(1) 
False statement or willful and knowing misrepresentation made in a license or permit application.
(2) 
Failure to comply with any lawful order or notice issued by the Chief of Police.
(3) 
Repetitive or flagrant violation of the provisions of this chapter or the rules and regulations.
(4) 
Failure to correct any deficiencies in equipment, procedures or operations within 30 days of receipt of notice.
(5) 
The activation of more than 10 false alarms within a one-year period.
(6) 
The conviction of an alarm agent or a partner, officer or manager of an alarm business of a criminal offense subject to the applicable provisions of the Correction Law.
B. 
Any license, permit or identification card issued hereunder shall be surrendered to the Police Department upon revocation, suspension or the expiration of a license or permit or the termination of an alarm business operation.
C. 
An alarm agent shall surrender his identification card to the Police Department within 10 days of termination of his employment with the alarm business.
D. 
The cost of disconnecting any alarm system with the Police Department shall be the responsibility of the alarm user whose alarm permit has been revoked, suspended or expired.

§ 29-10 Denial, suspension and revocation procedure.

The Chief of Police may deny, suspend or revoke any license or permit for a violation of this chapter or any rule or regulation. Such denial, suspension or revocation shall become effective 30 days after written notice thereof is mailed to the violator by certified mail, return receipt requested. Within the thirty-day period, the licensee or permittee may appeal the Chief of Police's action to the Board of Police Commissioners which shall have the power to stay, affirm, reverse or modify the action of the Chief of Police.

§ 29-11 False alarm charges.

A. 
An alarm user shall pay to the Village the below-noted charge for each and every false alarm in each calendar year as follows:
[Amended 6-9-2015 by L.L. No. 1-2015]
Cumulative Number of False Alarms During Year
Charge
1
$0
2
$0
3
$50
4
$50
5
$100
6
$100
7
$100
8
$100
9
$100
10 and over
$100
B. 
An alarm business shall pay to the village a charge for each and every false alarm resulting from its failure to verify whether an alarm is false.
Charge Schedule During a Calendar Year for Alarm Businesses
Type
Charge
Each false alarm
$20
C. 
New alarm system installations will be permitted two nonchargeable false alarms during a ninety-day period after installation of the alarm system.
D. 
Whenever an alarm user or alarm business 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 or alarm business refuses delivery of the notice), it shall be deemed a violation of this chapter.
E. 
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 or alarm business 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 or alarm business 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.

§ 29-12 Rules and regulations.

The Board of Police Commissioners, after a duly noticed public hearing, may promulgate rules, regulations and standards to ensure the quality, efficiency and effectiveness of the enforcement, interpretation and implementation of this chapter.

§ 29-13 Disclaimer of village's liability.

A. 
Notwithstanding the payment of any license or permit fee, the issuance of any license or permit or inspection and approval by the Police Department of an alarm system, the Police Department and the village, including their agents and employees, make no representation and shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of an alarm system installation or of the operation of a central alarm station, nor do they assume any liability whatsoever for any failure of any such alarm system or central alarm station, or for failure to respond to any such alarm system or for any act or omission or commission involving an alarm system.
B. 
The foregoing subsection shall be printed conspicuously on all licenses and permits issued pursuant to this chapter.

§ 29-14 Severability.

If any clause, sentence, paragraph or section or other portion of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the particular clause, sentence, paragraph or section or other portion of this chapter that shall be directly involved in the controversy in which said judgment shall have been rendered.

§ 29-15 Penalties for offenses.

Any person who violates or fails to comply with §§ 29-3, 29-4 or 29-8 of this chapter shall commit a violation as defined in the New York State Penal Law, which shall be punishable in the Village Justice Court by a fine of up to $250 for each such violation.