[HISTORY: Adopted by the Council of the City
of New Rochelle 9-16-1997 by Ord. No. 188-97.[1]; amended in its entirety 11-18-1997 by Ord. No. 249-1997. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former
Ch. 81, Alarm Systems, adopted 7-10-1972 by Ord. No. 206-1972, as
amended. This ordinance also provided that it shall take effect 1-1-1988.
This chapter is intended to regulate the activities and responsibilities of those persons who purchase, rent or use and those persons who own or conduct the business of selling, renting, maintaining or monitoring alarm systems, devices or services. It is further intended to encourage the improvement in reliability of these systems, devices and services and to ensure that Police Department and Fire Department personnel will not be unduly diverted from responding to actual emergencies as a result of responding to false alarms. This chapter specifically encompasses burglar alarms, robbery alarms, fire alarms and holdup alarms both audible and inaudible (silent). The provisions of this chapter, except § 81-17, shall not apply to alarm systems which are owned or maintained by the City of New Rochelle and installed on premises in which the City has a property interest.
As used in this chapter, the following terms
shall have the meanings indicated:
An unusual, extraordinary, sudden and unexpected manifestation
of the forces of nature, which cannot be prevented by reasonable human
care, skill or foresight.
Any electrical instrument(s) or other device(s) which as
one of its purposes is used to protect buildings, premises or persons
from fire or criminal acts or unauthorized entries by warning persons
of a crime or unauthorized entry through the emission or transmission
of a sound or signal.
Any person, firm, partnership, corporation or other entity
who (which) owns or conducts the business of any one or more of the
following: selling, leasing, renting, maintaining or monitoring alarm
systems, devices or services.
A unit under the direction of the Police and Fire Commissioners
which administers the Alarm Systems Ordinance of the City of New Rochelle.
The Alarm Review Board shall consist of one representative
of the Police Commissioner, one representative of the Fire Commissioner,
one representative of the community approved by the City Manager and
one representative of the alarm industry approved by the City Manager.
Any person, firm, partnership, corporation or other business
who (which) leases, rents or purchases any monitored alarm system,
device or service from an alarm business or who (which) leases or
rents an audible alarm system or device.
A device designed for the detection of an unauthorized entry
on premises and which when activated generates an audible sound on
the premises.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated
or if self-activated over a telephone line, radio or other communication
system to the Police or Fire Departments, generates an audible sound
on the premises.
Any activation of an alarm not caused by a fire or as a result
of a criminal act or unauthorized entry, except for activation for
testing purposes when the Police Department or Fire Department has
been given advance notice of such testing or activation caused by
the Police Department.
A system or portion of a combination system consisting of
components and circuits arranged to monitor and annunciate the status
of fire alarm or supervisory signal initiating devices and to initiate
appropriate response to those signals.
A device designed for the detection of an unauthorized entry
in premises and which when activated generates an inaudible signal
to a monitoring station. A monitoring alarm may also generate an audible
sound on the premises.
Any alarm or alarm system which is not leased or rented from
or owned or maintained under contract by an alarm business.
A device designed for the detection of a robbery, holdup
or the commission of an unlawful act within the premises protected
by the alarm system and which may be intentionally activated by a
person, generates an inaudible signal to the monitoring station and
may or may not generate an audible sound at the premises.
The provisions of this chapter shall be administered
in a manner prescribed by the Police Commissioner and Fire Commissioner.
The duties of an alarm business shall be as
follows:
A.
To file a copy of its New York State license to engage
in the business of installing, servicing or maintaining security or
fire alarm systems.
B.
To submit to the Police Commissioner a list of all
alarms installed within the jurisdiction.
C.
To install an alarm or alarm system compatible with
the environment and be available to maintain the alarm or alarm system
in good working order and to take reasonable measures to prevent the
occurrence of false alarms.
D.
To instruct each of its alarm subscribers and/or the
principal occupants of the buildings or premises protected by an alarm
system in the proper use and operation of the system. Such instructions
will specifically include all necessary instructions in turning the
alarm on and off and in avoiding false alarms.
E.
To provide each purchaser and subscriber with a copy
of the provisions of this chapter relating to alarm subscriber duties,
false alarm assessments and appeal procedures.
F.
Upon leasing or renting an alarm system:
(1)
To conspicuously place on the premises a tag identifying
the pertinent alarm business, including the telephone number to call
when the alarm has been activated.
(2)
To maintain records of the location of these alarm
systems, devices or services and the name and telephone number of
the person and an alternate to be notified whenever the alarm is activated
and to readily report such information to the alarm monitoring unit
upon request.
(3)
To inactivate or cause to be inactivated the audible
alarm within 15 minutes of the notification of its activation in the
event the primary and alternate cannot be contacted or do not respond.
G.
Upon leasing, renting, selling or monitoring an alarm
system:
(1)
To establish a central receiving station in order
to monitor these alarm systems.
(2)
To organize its central receiving station in order
to be able to readily and positively identify the type of alarm, i.e.,
fire, burglary, robbery, holdup or a panic, and the location of the
alarm, if there is more than one system.
(3)
To maintain records as to each of these alarm systems,
devices or services which should include the name of the owner or
occupant of the premises, the name and telephone number of the subscriber
or primary person and at least one alternate responsible for responding
to the premises when the alarm is activated and information concerning
whether the alarm system includes an audible alarm.
(4)
To make notification of activated alarm systems in
the manner prescribed by the Police Commissioner and/or Fire Commissioner,
including such reasonable information concerning the alarm system
as the Police Department and/or Fire Department may request.
(5)
To verify all alarms except panic, duress or holdup
alarms prior to police notification.
H.
To cease responsibility for an alarm system pursuant
to this chapter, the alarm business shall promptly notify the alarm
monitoring unit in the event the alarm business ceases to lease, rent,
maintain, service or monitor any alarm system. Said notice shall be
sent within 10 days of the date service or responsibility is discontinued.
I.
Alarm businesses which do not monitor, maintain, service or install alarms or alarm systems shall not be subject to Subsections C, D, E, F, G or H of this section, but shall be responsible for instructing each person who purchases an alarm or alarm system in the proper use and operation of the alarm, informing each alarm subscriber or alarm purchaser to contact the New Rochelle Police Department or Fire Department for information regarding this chapter and advising each alarm subscriber or alarm purchaser of the requirement of an alarm subscriber permit. Such instructions will specifically include all necessary instructions in turning off said alarm(s) and in avoiding false alarms.
K.
Alarm businesses which sell or install alarms or alarm systems but do not lease, rent, monitor, service or maintain them shall not be subject to Subsections C, F, G or H of this section, but shall inform each alarm subscriber or alarm proprietor that an alarm subscriber permit is required by this chapter.
The duties of an alarm subscriber shall be as
follows:
A.
To instruct all personnel who are authorized to place
the system or device into operation in the appropriate method of operation,
and to lock and secure all points of entry, such as doors and windows.
B.
To inform all personnel who are authorized to place
the alarm system into operation of the provisions of this chapter
emphasizing the importance of avoiding false alarms. A current copy
of the provisions of this chapter shall be maintained on the premises
and be made available to persons who are authorized to place an alarm
system into operation.
C.
To apply for an alarm subscriber permit from the alarm
monitoring unit.
A.
To be familiar with the provisions of this chapter
and to apply for an alarm subscriber permit from the alarm monitoring
unit.
B.
To maintain the alarm or alarm system in good working
order and take reasonable measures to prevent the occurrence of false
alarms.
C.
To notify the Police Department and Fire Department
of the name and telephone number of the primary person, and at least
one alternate, to be notified in case the alarm is activated.
D.
Upon the purchase of any alarm system, device or service
which includes an audible alarm:
[Amended 5-21-2013 by Ord. No. 96-2013[1]]
When an alarm system generates two false alarms within a consecutive
twenty-four-month period, the Police Commissioner or Fire Commissioner
or their respective designee shall send a warning notice to the alarm
subscriber or the proprietor alarm owner that any additional subsequent
false alarms within said period will subject the notified parties
to the sanctions as provided herein.
[1]
Editor's Note: This ordinance provided an effective date
of 10-1-2013.
[Amended 1-15-2002 by Ord. No. 15-2002; 12-14-2004 by Ord. No.
284-2004; 5-21-2013 by Ord. No. 96-2013[1]]
A.
Any
alarm system which has three or more alarms within a consecutive twenty-four-month
period shall be subject to assessment as provided herein.
B.
If
three or more false alarms are recorded within a consecutive twenty-four-month
period from a specific subscriber or proprietor:
(1)
The alarm monitoring unit shall notify the alarm subscriber or the
proprietor alarm owner by mail of such fact and direct that a report
be submitted to the alarm monitoring unit within 20 days of the date
of the mailing. The report shall contain:
(a)
Specific defenses, if any, why the alleged false alarms should not
be considered false alarms. Evidence that a false alarm was caused
by an act of God shall constitute affirmative defense to an assessment
for the particular false alarm.
(2)
The report required in Subsection B(1) shall be received by the alarm monitoring unit within the time specified. If the report is not timely submitted, any notified party shall be deemed to have waived his right to any further review or hearing as provided herein, and the alarm business and the alarm subscriber or the proprietor alarm owner operating the alarm system generating the false alarms will be assessed pursuant to Subsection B(5) of this section.
(3)
If the report required in Subsection B(1) is submitted, the alarm monitoring unit shall review the corrective action taken or to be taken to discover and eliminate the cause of the false alarms and the specific defenses, if any, set forth in the report to the initial determination of false alarms. If it is determined that a valid defense to the initial determination of false alarms has been accepted, a notice shall be sent to all notified parties that no assessment will be made at that time. The notice shall specifically set forth the findings and conclusions of the alarm monitoring unit with respect to the review of the report.
(4)
If the alarm monitoring unit determines that a defense to the initial determination of false alarms has not been alleged or accepted, a notice shall be sent forth by mail to the alarm subscriber or the proprietor alarm owner by the Police Commissioner or Fire Commissioner or their respective designee that they will be assessed pursuant to Subsection B(5) of this section. The notice of decision shall contain the specific findings and conclusions of the alarm monitoring unit with respect to the review of the report submitted.
(5)
The assessment(s) imposed pursuant to Subsection B(2)and (4) of this
section shall be in an amount of:
[1]
Editor's Note: This ordinance provided an effective date
of 10-1-2013.
A.
Any person aggrieved by a decision made pursuant to § 81-8B(3) or (4) may, within 10 days of receipt of notice of the decision, appeal to the Alarm Review Board by filing an appeal. A fee of $50 will be charged for each appeal. Said fee shall be refunded to the applicant if a judgment is found in his favor.
B.
The request for an appeal shall set forth the specific
objections to the decision of the alarm monitoring unit which forms
the basis of the appeal.
C.
The Alarm Review Board shall set a time and place
for the hearings as soon as practicable.
D.
The hearing process shall be conducted in an informal
process:
E.
The decision of the Alarm Review Board shall be based
upon the evidence presented and it shall:
[Amended 5-21-2013 by Ord. No. 96-2013[1]]
Upon a final determination of assessment pursuant to § 81-8 or § 81-9E(1) of this chapter for the third and any subsequent false alarms within a consecutive twenty-four-month period, the responsible party shall tender the fee assessed within 20 days of the date ordered or discontinue operation of the alarm system. In the event that the operation of said alarm system is not discontinued and the assessment not tendered, its continued operation by the alarm subscriber, alarm business or proprietor alarm owner is unlawful.
[1]
Editor's Note: This ordinance provided an effective date
of 10-1-2013.
[Amended 5-21-2013 by Ord. No. 96-2013[1]]
It shall be unlawful for any person to intentionally activate
any burglar, robbery, fire, holdup or panic alarm, except to warn
of a criminal act or unauthorized entry on or into an alarm-protected
premises. This section shall not apply to the testing of an alarm
system when the Police Department or Fire Department has been given
advance notice of such testing.
[1]
Editor's Note: This ordinance provided an effective date
of 10-1-2013.
No person shall use or cause to be used any
telephone device or telephone attachment that automatically selects
or dials a published emergency telephone number or any City of New
Rochelle telephone number and then reproduces any prerecorded message
or signal; provided that this section shall not apply to a life safety
alert system utilizing residential transmitting equipment designated
for direct telephone access to dedicated control receiving equipment
located in the City's Police Department.
No person shall place any monitoring panels
and annunciation or receiving equipment in any City of New Rochelle
building.
All costs and recurring charges incurred in
the installation and maintenance of such a private secondary telephone
line shall be borne by the person requesting the termination.
A.
Every alarm subscriber and proprietor alarm owner
shall apply for and receive an alarm subscriber permit from the City
of New Rochelle alarm monitoring unit. Application shall be made with
the alarm monitoring unit for a permit within 10 days of the installation
date of a new alarm system. Alarm systems installed prior to the effective
date of this section shall apply for the alarm subscriber permit prior
to December 31, 1997. Alarm subscriber permits will be on forms approved
by the alarm monitoring unit. An alarm subscriber permit shall be
available for inspection by the Police Department and/or Fire Department.
Permits are not transferrable from one subscriber or proprietor to
another subscriber or proprietor or from one address to another address.
B.
Alarm systems which are owned or maintained by the
City of New Rochelle and installed on premises in which the City has
a property interest shall not be subject to this chapter but shall
be required to obtain a permit from the alarm monitoring unit.
C.
If an alarm subscriber has multiple alarm systems
at one location, an alarm subscriber permit for each system will be
required.
D.
When the Police Department and/or Fire Department
has recorded an alarm for a subscriber or proprietor alarm owner which
has not applied for an alarm subscriber permit therefor in accordance
with the provisions of this chapter:
(1)
The Police Commissioner or Fire Commissioner or their respective designee shall send a notice to the alarm subscriber or proprietor alarm owner stating that they are in violation of the provisions of this chapter. The notice will direct the alarm subscriber or proprietor alarm owner to apply for the alarm subscriber permit within 10 days of the date of the notice. This notice shall notify the party that, in addition to any assessments imposed pursuant to § 81-8B(5) or 81-10, the failure to obtain the alarm subscriber permit shall result in an assessment of $25 for each alarm which has occurred while the alarm system has operated without an alarm subscriber permit.
(2)
If the alarm subscriber or proprietor alarm owner
fails to apply for the alarm subscriber permit within the 10 days
of the date of the notice, a $25 assessment will be sent to the alarm
subscriber or proprietor alarm owner for each alarm which has occurred
while the system has operated without an alarm subscriber permit.
If any charges, fees or assessments under this
chapter are not paid within 30 days of notice, the City may, in addition
to or in lieu of other remedies, add such unpaid charges, fees or
assessments to the subsequent City property tax levy for the property
on which such alarm system is located, to be collected, bear interest,
and be enforced as provided by law for other City taxes.
The information furnished and secured pursuant
to this chapter shall be confidential and shall not be subject to
public inspection.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remaining portions hereof, but shall be confined
to the clause sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
