[HISTORY: Adopted by the Board of Trustees
of the Village of Westhampton Beach 6-14-1985 by L.L. No. 11-1985; amended in its entirety 6-13-1994 by L.L. No. 6-1994. Amendments noted where
applicable.]
The purpose of this chapter is to establish
standards and controls for the various types of fire, intrusion, holdup
and other emergency signals from fire and police alarm devices that
require Fire Department or Police Department response, investigation
or safeguarding of property at the location of an event reported by
a signal which is transmitted by telephone or radio to the Fire or
Police Department from a central alarm station or to another recipient
off the premises.
For the purposes of this chapter, the following
definitions shall apply:
Any fire, police, emergency or panic alarm device or aggregation
of fire, police or panic alarm devices installed on or within a single
building or on or within more than one building or area adjacently
located on a common site at a specific location, excluding all smoke
detector alarm systems which are self-contained units utilizing independent,
nonwired power sources of nine volts or less.
Any facility operated by a private firm which is manned by
operators or is monitored by electronic or computer devices that receive,
record or validate alarm signals and relay information to the Police
or Fire Department when appropriate.
Any fire or police alarm device or telephone attachment that
automatically or electronically selects a telephone line connected
to a central alarm station or police headquarters and reproduces a
prerecorded message to report a criminal act or other emergency requiring
Police or Fire Department response.
Any fire or police alarm device connected directly by leased
telephone wires from the specific location to police headquarters.
Any fire or police alarm device designed to be actuated by
a fire, criminal act or other emergency at a specific location or
by a victim of a holdup, robbery or other emergency or criminal act
at a specific location.
Any signal actuated by an emergency alarm to which the Police
or Fire Department responds, which is not the result of a fire, holdup,
robbery or other crime or emergency.
Any device which, when actuated by a fire, criminal act or
other emergency requiring Police or Fire Department response, transmits
a prerecorded message or other signal by telephone, radio or other
means to a central alarm station or directly to the Police or Fire
Department or to another recipient off the premises or produces an
audible or visible signal designed to alert persons off the premises
within audible or visible alarm range of the signal.
Any entry into an area or building equipped with one or more
police and fire alarm devices by any person or object whose entry
actuates a police alarm device.
Police headquarters and other enclosures housing privately
or publicly owned equipment serving the Police and Fire Departments.
The Village of Westhampton Beach and, for purposes of fire
alarms, any fire protection district covered by the Village of Westhampton
Beach Fire Department.
An alarm installation shall not be installed,
operated or maintained on premises within the Village of Westhampton
Beach unless the owner, tenant, lessee or occupant of such premises
shall first obtain and maintain in effect an alarm permit for such
alarm installation issued by the Mayor of the Village of Westhampton
Beach.
A.
All owners, tenants, lessees or occupants of real
property located within the Village of Westhampton Beach must obtain
permits for any alarm installation or any modifications of an existing
alarm installation or to maintain and operate an existing alarm installation.
B.
A written application for an alarm permit shall be
filed with the Village Clerk. Such application shall contain the following
information:
(1)
The name, permanent residence address and telephone
number of all owners of the premises.
(2)
The name, permanent residence address and telephone
number of all tenants, lessees or occupants of the premises.
(3)
The address of and telephone number at the premises
where the alarm installation is to be installed, operated or maintained.
(4)
The type of alarm installation.
(5)
The name, address and telephone number of the alarm
installer.
(6)
The name, address and telephone number of the alarm
maintenance company.
(7)
The name, address and telephone number of the central
alarm station.
(8)
The name, address and telephone number of a designated
caretaker who shall be responsible for resetting an activated alarm
and for admitting the responding Police or Fire Department if the
owner or lessee of the property is absent.
(9)
Such other reasonable information as the Mayor may
deem necessary to facilitate enforcement of this chapter.
C.
The application shall in all instances be signed by
all owners of the property, and a copy of the current deed of record
shall be submitted with the application.
E.
No alarm permit shall be issued unless the alarm installation
complies with the provisions of this chapter.
F.
Any applicant whose application for an alarm permit
has been denied by the Mayor may appeal from such denial by filing
a written request for an appeal hearing before the Village Board of
Trustees. At the appeal hearing, the Village Board of Trustees shall
give the appealing party an opportunity to be heard.
A.
All alarm permits issued prior to the effective date
of this chapter shall expire on December 31, 1994. All alarm permits
issued after the effective date of this chapter shall expire on December
31 of each year.
B.
All alarm permits must be renewed annually prior to December 31 of each year, and no alarm permit shall be effective after December 31 of any year unless renewed. The provision of § 51-4 shall be applicable to all renewal permits.
C.
The Village Clerk shall give written notice to the
holders of alarm permits regarding the expiration and renewal of said
permits.
D.
All alarm permits shall expire on the change of ownership
of the premises or the change in the occupancy of the premises or
the part thereof covered by the alarm permit. Alarm permits shall
not be assigned or transferred to a person or entity other than the
person or entity to whom or to which it was issued.
E.
The alarm permit shall not cover any subsequent change
or modification in the alarm installation, and such permit shall expire
on any such change or modification. There shall be no change or modification
to an alarm installation until an alarm permit for the change or modification
has been obtained.
F.
If the alarm installation is removed, the permit shall
automatically expire.
A.
If any material change occurs with respect to the
information set forth in the application for an alarm permit, the
owner of the premises shall file with the Village Clerk a written
supplement setting forth such change. Such supplement shall be filed
within 15 days after such change occurs.
B.
Material change.
(1)
A change in the owner, tenant, lessee or occupant
shall constitute a material change.
(2)
A change of designated caretaker shall constitute
a material change.
(3)
A change of central alarm station shall constitute
a material change.
(4)
A change of alarm maintenance company shall constitute
a material change.
C.
There shall be no fee for filing a supplement.
A.
The Village Board of Trustees may from time to time
by resolution promulgate rules, regulations and standards for the
purpose of assuring the quality, efficiency and effectiveness of alarm
installations and to facilitate administration of this chapter.
B.
A violation of any such rules, regulations and standards
shall constitute a violation of this chapter.
A.
The Village Board of Trustees, after a hearing at
which the holder of an alarm permit shall be given an opportunity
to be heard, may revoke an alarm permit for violation of any of the
provisions of this chapter.
B.
The holder of an alarm permit shall be given written
notice of the time and place of any such hearing, which notice shall
include or be accompanied by a statement reciting the ground or grounds
for revocation to be considered at such hearing.
A.
No direct or dial alarm shall be permitted to be connected
to police headquarters or the Fire Department. Such alarm which is
connected directly to police headquarters or the Fire Department shall
be disconnected no later than December 31, 1994. In addition, any
police, fire or emergency alarm device which is a telephone device
that automatically dials the Westhampton Beach Police Department or
Fire Department and reproduces a prerecorded message which reports
a criminal act, other emergency event or fire requiring Police and/or
Fire Department response will from this date forward be prohibited.
B.
Any person, business, firm, corporation or other commercial
entity who or which operates, maintains, installs, leases or sells
such a device or device for use in the Village of Westhampton Beach
will be in violation of this chapter.
An alarm installation may be connected to a
central alarm station which is manned at all times by a trained operator
who receives, records and validates alarm signals and relays information
about such validated signals to the Westhampton Beach Police Department
or Fire Department. The operator of any central alarm company which
calls police headquarters or the Fire Department to report an active
alarm will identify himself or herself by name and the name of the
company and will provide accurate directions to the protected premises
at which the alarm is sounding and type of emergency, if known. The
central alarm company shall further provide the name of a caretaker
who is responsible for resetting an activated alarm if the property
owner or lessee of the property is absent.
An alarm installation may be connected to another
recipient off the premises (a recipient other than a central alarm
station), provided that the owner of the property having the alarm
installation obtains an alarm permit for such connection prior to
such connection.
A.
Applications for such permits shall provide the name
of the recipient and the address of the location off the premises
where the recipient will receive alarm signals.
B.
Said recipient or a designated caretaker shall have
the capability of responding to the property having the alarm installation
within a reasonable time and the capability or resetting an activated
alarm. If said recipient does not have such capability, then the application
for such permit shall provide the name, address and telephone number
of a designated caretaker having such capability.
C.
If said recipient or the designated caretaker calls
police headquarters or the Fire Department to report an alarm, he
shall identify himself (by name and status and also by providing the
name of the designated caretaker when applicable) and shall provide
accurate directions to the premises at which the alarm is sounding
and type of emergency, if known.
Any property owner or lessee of property in
the Village of Westhampton Beach shall, prior to the installation
of any audible signal designated to alert persons within audible range
of the signal, obtain a permit for the same.
A.
Any such alarm device which operates on house current
must be equipped with a standby battery power supply sufficient for
at least 24 hours.
B.
Any such alarm device will incorporate a device whereby
the system will automatically shut off and/or reset the audible alarm
after the alarm has sounded for a maximum period of five minutes.
C.
All property owners or lessees having such an alarm
device on their premises shall provide the Police Department and Fire
Department with the name of a person who can respond to the premises
within a reasonable time. Said person shall have the capability of
securing or, in the case of fire, opening up said premises for inspection
by the Fire Department.
D.
Every such audible alarm device must be equipped with
a device to silence the audible alarm at the location of the alarm
installation.
A.
Any owner, lessee or occupant of property having an
alarm installation on his or its premises and any user of services
or equipment regulated by this chapter shall pay to the Village a
charge for false emergency alarms to which the Police Department responds,
in each calendar year, as follows:
[Amended 5-14-2001 by L.L. No. 5-2001; 11-13-2001 by L.L. No. 18-2001; 1-5-2012 by L.L. No.
2-2012]
(1)
All false emergency alarms.
B.
The above charges shall be paid to the Village Treasurer.
Failure to pay any such charge shall subject such owner, lessee or
user to the penalty provisions of this chapter.
C.
The failure to pay such charge within 60 days of the
date that the notice setting forth the charge has been sent to the
owner of the premises by certified mail, return receipt requested,
shall result in said charge becoming a lien and charge upon the real
property where the alarm installation is located, until the same is
paid or otherwise satisfied or discharged, and it shall be collected
in the same manner provided by law for the collection of delinquent
taxes. The application for a permit shall contain a notice advising
the owners that the failure to pay the charge can result in it becoming
a lien on the real property.
D.
Failure to pay any such charge shall constitute a
ground for denial and/or revocation of an alarm permit for the alarm
installation on such premises.
E.
An excessive number of false alarms to which the Police
Department respond shall constitute a ground for denial and/or revocation
of an alarm permit for the alarm installation on such premises.
[Amended 1-5-2012 by L.L. No. 2-2012]
A.
It shall be the duty of every owner, tenant, lessee
or occupant of property having an alarm installation on such premises
to maintain such alarm installation in good working order and condition.
Such owner shall be responsible for all malfunctions of such alarm
installation.
B.
It shall be the duty of every owner of property having an alarm installation on such premises to install and maintain on such property a sign displaying the correct street number (house number) of the residence. Such sign shall be located at the driveway entrance to such property and shall comply with § 197-30 of Chapter 197.
C.
It shall be the duty of every owner, tenant, lessee
or occupant of property having an alarm installation on such premises
to ensure that the alarm will be properly reset after it has been
activated.
D.
It shall be the duty of every business or commercial
entity installing and/or maintaining an alarm installation in the
Village of Westhampton Beach to keep complete and accurate records
with respect to installation and/or maintenance of such alarm installations.
E.
It shall be the duty of every business or commercial
entity installing security or fire alarm systems to obtain and maintain
in effect a license therefor from the Secretary of State of the State
of New York.
Any person, firm or corporation who or which
violates any provision of this chapter shall be subject to a fine
not in excess of $250 or to imprisonment for a term not exceeding
15 days, or to both such fine and imprisonment for each offense. A
separate offense shall be deemed committed upon each day during which
a violation occurs or is committed.
