[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 2-21-1972; amended in its entirety 6-21-1993 by L.L. No. 3-1993. Subsequent amendments noted where applicable.]
The purpose of this chapter is to establish standards and controls of various types of intrusion, holdup, fire alarms and other emergency signals from alarm devices that require Police Department and Fire Department responses for investigation, action and safeguarding of property within the Village of Irvington.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning:
- ALARM AGENT
- Any person employed by an alarm business whose duties include the selling, installing, maintaining, repairing, altering, moving, replacing or servicing of alarm devices or systems.
- ALARM BUSINESS
- Any business operated by a person for a profit and which engages in the activity of selling, leasing, installing, maintaining, repairing, altering, moving, replacing or servicing of alarm devices or systems.
- ALARM SYSTEM
- Any assembly of equipment and devices arranged to signal the presence of a condition requiring urgent attention by the Police or Fire Department. Any automatic alarm device or group of devices which when activated signals the existence of a condition which requires a response by Public Safety Department personnel shall be deemed to be covered by this chapter.
- ALARM USER
- Any person on whose premises an alarm system is maintained with the Village, except for a proprietary system or an alarm system on motor vehicles.
- ANSWERING SERVICE
- An agency which provides, among other things, the service of receiving emergency signals from alarm systems through its employees and immediately relaying the appropriate message by live voice to the Police or Fire Department of the jurisdiction in which the alarm signal originated.
- AUTOMATIC ALARM COMMUNICATION DEVICE
- An apparatus which automatically sends a digitally encoded tone sequence, line polarity reversal or other electrical or electronic signal which indicates the existence of the emergency situation that an alarm system is designed to detect and report over the airwaves, telephone lines or other communication cables or facilities.
- CENTRAL STATION
- An office to which remote alarms and supervisory signaling devices are connected to receiving equipment monitored by police officers, private guards or other personnel, and which provides persons to respond to protected premises when an alarm is received.
- FALSE ALARM
- The activation of the signaling portion of an alarm system through mechanical failure, malfunction, loss of externally supplied electrical power for less than four hours, improper installation, improper usage or an error or negligence on the part of the owner or lessee of the premises wherein the system is installed, or through the error or negligence of employees, guests or agents of the owner or lessee of the premises. The term shall include all alarm signal activation incidents in which investigation by Public Safety Department personnel reveals no evidence of the existence of an emergency condition. Those alarm signals which investigation reveals were triggered by physical damage to the protected premises as a result of a hurricane, tornado, earthquake or other violent natural phenomena, line trouble signals received via dedicated telephone lines or where a concerted effort is made to notify Police or Fire Department personnel prior to their arrival at an alarm location, that an alarm was sent in error, are excluded from the definition of "false alarms."
- LOCAL ALARM SYSTEM
- Refers to an alarm signaling system which, when triggered, causes an audible or visual signaling device to be activated in or on the premises within or upon which the system is installed.
- PRIMARY EMERGENCY NUMBER
- A telephone line leading directly into a designated office of the Police or Fire Department for the purpose of handing emergency calls on a person-to-person basis, and which is identified as such by a specific number included among emergency numbers in the telephone directory issued by the New York Telephone Company covering the service area within the jurisdiction of the Police and Fire Departments.
- PROPRIETARY SYSTEM
- An alarm system which transmits its signal to a location within the protected premises and is monitored by the proprietor of the premises or his agent. When such a system monitors conditions which may require a response by police or fire personnel, then it becomes an "alarm system" as defined in this chapter.
- REMOTE SIGNALING SYSTEM
- An alarm signaling system which, when triggered, activates a device which transmits a signal to a central location where action is taken to respond to and investigate the cause of the signal; i.e., Medic Alert System.
- SPECIAL EMERGENCY NUMBER
- A telephone line leading into a designated office of the Police or Fire Department having the primary purpose of handling emergency signals transmitted by automatic alarm communication devices.
- SUBSCRIBER or USER
- A person who buys or otherwise obtains and uses an alarm system, whether or not he thereafter contracts with or hires an alarm business to monitor or service the system.
All alarm systems installed, on or in structures, within the Village of Irvington shall be registered with the Village of Irvington. Every alarm user shall, before operating an alarm system, apply to the Irvington Police Department on a form to be furnished by the Irvington Police Department for a permit to operate an alarm system. The application shall be completed and signed by the individual who owns, leases or otherwise uses the alarm system.
Upon the acceptance of said permit application, the Police Department shall issue a numbered alarm decal showing that the alarm user is registered with the Police Department. Each permit decal shall show the alarm account number and the year of validation. Decals shall be displayed on or near the front entrance to the alarm user's residence or business.
Penalties for nonregistered systems. Any alarm which is received and investigated by the Police or Fire Department which is not registered with the Police Department and does not meet all of the provisions of this chapter shall be subject to the following fines:
Applications for alarm permits are to be obtained from the Police Department each year within 30 days of expiration or change of owner or lessee of the alarm system.
There shall be no fee associated with the application or issuing of any alarm permit and decal.
Each alarm permit shall include but not be limited to the following information:
The name or names of the person or persons residing in the protected premises or, if a business establishment, the name of that business establishment.
The address of the protected premises, including apartment or other customary identifier for multiple occupancies at an address.
The name and mailing address of the individual who applies for the permit.
The home and business phone number of the permittee.
The name, address and business phone number, including after-hours emergency number of the central station or monitoring service, if any.
Whether or not the system is equipped to automatically rearm itself and, if so, after what period of time.
The cutoff time for audible signals.
The name, address, telephone number and license number of the installing company or individual.
The name, address, emergency telephone number and license number of the servicing company if different than the installing company.
The name, address and emergency telephone number of the persons to be notified in the event of an alarm.
The identification of the presence on the premises of any guard dogs or other household pets which could cause injury to human beings.
The identification of the presence or possession of any firearm, shotgun or dangerous instruments.
The alarm user shall be responsible for notifying the Police Department, in writing, of any change in the above information at least 10 days prior to the effective date of such change.
The issuance of an alarm user permit does not create any special relationship or obligation on the part of the Village to respond to any alarm.
Upon acceptance of an application and issuance of a permit and alarm decal, the Police and Fire Department shall be empowered to take whatever emergency action is reasonably necessary to investigate and terminate an activated alarm, including the entry upon private property and premises.
In addition to any penalties which may be imposed for violation of certain provisions of this chapter, the Police Department may deny, suspend or revoke an alarm user permit, or renewal thereof, for any of the following:
Fraud or willful and knowing misrepresentation or false statement made in the application for an alarm user permit or in the operation of the licensed system.
Deliberate activation of a false alarm.
Use of an alarm system to summon public safety personnel for a condition other than what the system was designed to detect and report as authorized in the permit.
Failure to correct any deficiencies in equipment, procedures or operation within 30 days of receipt of notice of same from the Police or Fire Department or within such time as shall be determined as reasonable by the Police or Fire Departments if said deficiencies cannot be corrected within 30 days.
No person shall install, lease, sell, repair, service, replace or remove a police or fire alarm device or devices or provide answering service without a license issued by the County of Westchester as required by Article XV, § 863.291 et seq. of the Laws of Westchester County, as amended. All installers and maintainers must present an ID card reflecting such license.
Automatic shutoff system requirements. No person shall install or maintain, in any building, structure or establishment in the Village of Irvington, an external audible alarm of any type which does not also contain an automatic cutoff system or feature automatically cutting off the source of power to the alarm after it has sounded for a period of no longer than 15 minutes.
The installation and maintenance of any alarm system permitted by this chapter shall be made at no cost to the Village of Irvington. The owner, lessee or user shall be made responsible for the maintenance and service of his or her alarm system device equipment and shall be responsible for all malfunctions of this equipment.
No person, firm or corporation shall install or cause to be installed any alarm system device connected directly to either the Police Department or Fire Department without the permission of the Chief of Police.
No alarm system device shall be connected by direct means, including direct dialing, to the E-911 telecommunication system of the Village of Irvington without authorization by the Chief of Police.
Upon completion of an authorized installation of any alarm system device, the structure containing said alarm system device shall display a valid alarm system decal on or near the front entrance to said structure.
It shall be unlawful to cause or to permit the activation of a false alarm signal. The alarm user shall be held accountable for all false alarms originating from the alarm user's system and shall be fully liable for all charges and penalties arising therefrom.
The Police or Fire Department shall be empowered to take whatever emergency action is reasonably necessary to assure that a premises is safe and to prevent an activated alarm signaling device from interfering with the Department's ability to receive additional emergency signals or from interfering unnecessarily with the tranquility of the surrounding community, including the entry upon private property and premises.
Penalties for nonregistered systems. Any alarm which is received and investigated by the Police or Fire Department which is not registered with the Police Department and does not meet all of the provisions of this chapter shall be subject to a fine as set from time to time by the Board of Trustees.
[Amended 11-5-2001 by L.L. No. 5-2001; 6-2-2003 by L.L. No. 6-2003; 8-18-2003 by L.L. No. 20-2003]
Any owner or lessee of property having an alarm device or system of devices on his or its premises and any user of services or equipment furnished by a licensee under this chapter shall pay the Village a fee for each and every false alarm to which the Police or Fire Department responds during any calendar year. Said fine for each false alarm shall be as set from time to time by the Board of Trustees.
Failure to pay any such false alarm charges shall be grounds for suspension or revocation of an alarm system device permit until such fine or charge is paid.
Any person, firm or corporation who or which does not pay any charge or fee established in this chapter or who or which violates any provision of this chapter shall be subject to a fine for each offense. The fine shall be as set from time to time by the Board of Trustees. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed.
Failure to allow inspection of equipment by authorized Police or Fire Department personnel after a false alarm shall be grounds for termination of an alarm user permit or of authorization to permit an automatically initiated alarm signal to be relayed to the facilities of the Police or Fire Department.
During any inspection, if any violations of the provisions of this chapter are revealed, a written report detailing such violations shall be promptly sent to the owner, lessee or other person responsible for the alarm system in violation of this chapter. Corrections shall be made within 30 days after receipt of the notice of violation and shall state that a failure to comply may result in the revocation of the alarm user's permit. The alarm user shall be granted a reasonable extension of time to correct any violations upon showing good cause.
All presently existing alarm systems must comply with the provisions of this chapter by August 1, 1993.