[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 1-16-1990 by L.L. No. 2-1990. Amendments noted where
applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 112.
The Village of Ardsley hereby finds that standards
and controls regarding intrusion, hold-up and other emergency signal
devices or protective services and the businesses and persons dealing
in such devices or protective services are necessary to safeguard
the public health, safety and welfare and that such standards and
controls will afford greater emergency protection to the public; will
expedite emergency communication and response; will facilitate coordination
of emergency procedures and identification of persons and devices
engaged in providing such procedures; will minimize false alarms and
other misleading and confusing signals or procedures; and will encourage
the use of reliable systems and personnel to facilitate emergency
services available to the public. This chapter is intended to serve
the foregoing purposes by prohibiting the sale, leasing, use, installation,
repair or maintenance of any police, fire or medical emergency alarm
device or protective service in the Village of Ardsley except in conformity
with the provisions of this chapter and the rules and regulations
promulgated hereunder.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any device which, when activated by a criminal act, fire
or other emergency, transmits a prerecorded message or other signal
by telephone, radio, central alarm station or audible or visible signal
designed to cause any person within audible or visual range to notify
the Police Department or Fire Department or Ambulance Corps, requiring
their respective emergency response.
The written authorization of the County of Westchester granted
to any person to engage in the business of installing and/or servicing
police, fire or medical emergency alarm devices in the County of Westchester,
pursuant to the provisions of Chapter 863, Article XV, of the Laws
of Westchester.
Any person, business, firm, corporation or other commercial
entity which is in the business of owning, operating, maintaining,
installing, leasing or selling a police, fire or medical emergency
alarm device or devices, which person, business, firm, corporation
or other commercial entity is, as owner, operator, provider of maintenance
service, installer, leaser or seller of said device, devices or system
of devices, licensed pursuant to the requirements of Chapter 863,
Article XV, of the Laws of Westchester.
The written authorization of the Village of Ardsley granted
to any person, business, firm, corporation or other entity to install,
maintain or cause to be installed or maintained in his place of business
or residence any police, fire or medical emergency alarm devices.
The period from January 1 until the next succeeding December
31, except the first "alarm permit year" shall commence on the effective
date of this chapter and end December 31 of that year.
Any facility operated by a private firm that owns or leases
a system of police, fire or medical emergency alarm devices, which
facility is manned by operators who receive, record or validate alarm
signals to the Police Department or Fire Department when appropriate.
Any alarm device which transmits a signal or impulse over
a telephone line to the alarm indicator panel at police headquarters.
Any signal actuated by a police, fire or medical emergency
alarm device, devices or system of devices which is not the result
of natural disaster, a criminal act, fire or other emergency requiring
police or fire response. The term "false alarm" shall include human
error and equipment malfunction causing the alarm to be activated
and which results in police or fire response.
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.
No person shall install, cause to be installed,
maintain or cause to be maintained in a structure, building or establishment
any externally audible police, fire or medical emergency alarm device
which does not also contain an automatic cutoff system or feature
automatically cutting off the source of power to the alarm device
after it has sounded for a period of no longer than 15 minutes. Any
currently installed externally audible police, fire or medical emergency
alarm device which does not contain an automatic cutoff system or
feature automatically cutting off the service of power to the alarm
device after it has sounded for a period of no longer than 15 minutes
shall be required to install such a cutoff device within 90 days of
the effective date hereof.
A.
It shall be the obligation of any alarm permit holder
to provide the Police Department and/or licensing agency with a minimum
of two persons to be contacted with the authority to enter permit
holder's premises for the purpose of securing and restoring said alarm
system, when necessary.
B.
Police and/or fire officials or a qualified alarm
technician designated by them may enter upon any property to disable
a continuous audible alarm signal that has not been silenced prior
to the expiration of the fifteen-minute period and said officials
shall not be liable for any damage that may result from such action.
The reasonable costs and expenses of silencing an alarm in accordance
with this section shall be assessed to the owner, occupant or lessee
of the property.
C.
Police and/or fire officials shall make reasonable
efforts to contact those persons responsible for said alarm prior
to entry upon the property.
A.
Alarm license required. No person shall engage in
the business of installing and/or servicing any police, fire or medical
emergency alarm device without having obtained an alarm business license
or alarm agent license from the County of Westchester pursuant to
Chapter 863, Article XV, of the Law of Westchester.
B.
Alarm permit required. No owner or lessee of any police,
fire or medical emergency alarm device shall install, maintain or
cause to be installed or maintained in his or her place of residence
or business a police, fire or medical emergency alarm device without
having obtained an alarm permit from the Police Department of the
Village of Ardsley. No alarm permit shall be issued by the Village
unless the proposed installer of the police or fire alarm device is
an alarm licensee and unless the police or fire alarm device or devices
proposed to be installed or maintained conform to the requirements
of this chapter. Notwithstanding the foregoing, where an applicant
applies for an alarm permit for a police, fire or medical emergency
alarm device installed prior to the effective date of this chapter,
said application shall not be denied solely on the basis of the fact
that said device was not installed by an alarm licensee.
All applications for alarm permits shall be
submitted to the Village Police Department on a form to be supplied
by the Police Department. Said application shall include a description
of the police, fire or medical emergency alarm device, devices or
system of police, fire or medical emergency alarm device installed,
maintained or to be installed; the name, address and telephone number
of both the installer of the system; and the owner, lessee, occupant
or user of the premises where the alarm system will be installed;
and such other information as may be required by the Village.
All permit holders of holdup, panic, medic alert,
smoke and fire alarm devices shall be required to provide written
authorization to the Police Department to forcibly enter the premises
for the purpose of verifying the validity of the emergency condition.
Under no circumstances shall the cost of any
police, fire or medical emergency alarm device, devices or system
of police, fire or medical emergency alarm devices and the maintenance
of the same be charged to the Village of Ardsley, its Police Department
or Fire Department. The owner or lessee of such police, fire or medical
emergency alarm devices shall be solely responsible for the service
of his or her police, fire or medical emergency alarm devices and/or
correcting any malfunction of the same that may occur.
A.
No person shall allow or cause a false alarm to be
made. Any owner, occupant or lessee of property having a police, fire
or medical emergency alarm device, devices or system of police, fire
or medical emergency alarm devices on his premises shall pay to the
licensing authority, upon demand, a charge for each and every false
alarm occurring on his premises in any calender year as follows:
[Amended 12-5-2016 by L.L. No. 6-2016]
|
Number of False Alarms
|
Penalty
|
|---|---|
|
1
|
$0
|
|
2
|
$25
|
|
3
|
$100
|
|
4
|
$150
|
|
Each after 4
|
$150
|
B.
Any failure by such owner or lessee to pay the aforementioned charges within 30 days of the demand therefor shall be deemed a violation of this chapter in accordance with the provisions of § 42-15 of this chapter.
C.
The Chief of Police of the Village of Ardsley shall
cause to be kept an up-to-date and accurate log of all false alarms
occurring in the Village of Ardsley and shall transmit a report of
such false alarms to the Village Clerk on a monthly basis or, in the
Chief's discretion, on a more frequent basis.
D.
In addition to the above charges, should more than six false alarms occur at any one premises during any one calender year, the Village Board of the Village of Ardsley, following a hearing at which such owner or lessee may be present and present evidence, may revoke the alarm permit of the owner or lessee of such premises and order said owner or lessee to disconnect or dismantle or otherwise remove from the Police Department and/or central station any police, fire or medical emergency alarm device, devices or system or police, fire or medical emergency alarm devices causing such false alarms, at no expense to the Village and any failure by such owner or lessee to comply with said order within 10 days of its issuance shall be deemed to be in violation of this chapter pursuant to the provisions of § 42-15 of this chapter. The designation of a false fire alarm will be determined by the Fire Department and reported to the Police Department.
A.
The Village
of Ardsley is hereby authorized to grant revocable alarm permits,
pursuant to rules and regulations promulgated by the Village of Ardsley
or its duly authorized representative.
B.
Such permits
shall be renewed on an annual basis at a fee of $25 upon the mailing
of a renewal application by the staff of the Ardsley Police Department
no later than December 1.
[Added 5-3-2010 by L.L. No. 2-2010]
All police, fire and medical emergency false
alarm charges shall be collected by the Village of Ardsley.
It shall be the duty of the Chief of Police
to maintain a record of alarm permits issued and to make a monthly
report of the same to the Village Board.
A.
None of the provisions of this chapter shall apply
to police, fire or medical emergency alarm devices installed in government-owned
buildings, motor vehicles or trailers or to smoke and/or heat detectors.
B.
The Village of Ardsley shall take every reasonable precaution that alarm signals and prerecorded alarm messages received by the Village are given appropriate and immediate attention. Nevertheless, the Village shall not be liable for any defects in operation of any police, fire or medical emergency alarm device or system of police, fire or medical emergency alarm devices, for any failure to respond appropriately on any alarm signal, or for the transmission of alarm signals or messages or the relaying of such signals or messages. In the event that the Village orders the disconnection or removal of a police, fire or medical emergency alarm device or system of police, fire or medical emergency alarm devices pursuant to the provisions of § 42-9 of this chapter, the Village shall incur no liability therefrom.
If any provision of this chapter or the application
thereof to any person or circumstances is adjudged invalid by a court
of competent jurisdiction, such judgment shall not affect or impair
the validity of the other provisions of the chapter or the application
thereof to other persons and circumstances.
Any person, business, firm, corporation or other
entity who does not pay any fee or charge established in this chapter
or who violates any provisions of this chapter for which another penalty
is not imposed shall be subject to a fine or not less than $100 nor
more than $250 or imprisonment for 15 days, or both, for each offense.
A separate offense shall be deemed committed upon each day during
which a violation occurs or is committed.
This chapter shall become effective immediately
upon filing in the office of the Secretary of State.
