Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 1-20-1988 by L.L. No. 1-1988 (Ch. 5 of 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 106.
Noise — See Ch. 141.

§ 50-1 Purpose.

The purpose of this chapter is to provide regulations and standards applicable to alarm devices, alarm businesses, alarm agents and alarm users and to provide a schedule of charges applicable for false alarms transmitted through such alarm devices.

§ 50-2 Definitions.

For the purpose of this chapter, the following definitions shall apply:
ALARM AGENT
Any person who is employed by any commercial entity that is licensed hereunder as an alarm business, whose activities include selling, leasing, installing, repairing, servicing or maintaining, in or on any building, place or premises, any alarm device within the Town of Mamaroneck.
ALARM BUSINESS
Any business, firm, corporation or other commercial entity which is in the business of selling, leasing, installing, repairing, servicing or maintaining an alarm device or devices and performs such services within the Town of Mamaroneck.
ALARM DEVICE
Any device which, when activated by an unauthorized entry, fire, smoke or medical or other emergency requiring Police Department or Fire Department response, transmits a signal to the alarm indicator panel at police headquarters or to a private central alarm station and/or produces any audible or visual signal to which the Police Department or Fire Department is expected to respond. Excluded from this definition and from the provisions of this chapter are devices designed to alert the occupants of the building of an emergency condition therein and which do not produce any audible or visual signal which is perceptible outside of such building. Also excluded from the definition and the provisions of this chapter are alarm devices installed in or on any motor vehicle.
ALARM REVIEW BOARD
A committee consisting of the following: the Town Administrator or his designee; the Police Chief or his designee; the Fire Chief or his designee; and the Town Clerk.
ALARM USER
Any person or entity on whose premises an alarm device is installed in the Town of Mamaroneck.
CENTRAL ALARM STATION
Any private or commercial entity which receives signals from alarm devices within the Town of Mamaroneck and relays information pertaining to such alarm devices to police headquarters.
DIALER ALARM
A telephone-interfaced device that automatically connects to police or fire headquarters and transmits a recorded message to report an emergency condition requiring Police Department or Fire Department response.
FALSE ALARM
Any alarm activation to which Police or Fire Department personnel respond which is not the result of an unauthorized entry, fire, smoke or other emergency.
INTENTIONAL FALSE ALARM
Any false alarm, as defined herein, which is intentionally activated by any person.
LICENSING AUTHORITY
For alarm business and alarm agent licenses or permits, the "licensing authority" shall be the Westchester County Department of Consumer Affairs. For alarm user permits, the "licensing authority" shall be the Town Clerk or his designee.
LOCAL ALARM
Any alarm device which, when activated, causes an audible or visual signal perceptible to persons on the outside of the premises within which said alarm device is installed.
[Amended 7-17-1996 by L.L. No. 14-1996]
MALFUNCTION
A deficiency or other failure of an alarm device which results in a false alarm but which is not attributable to any fault or negligence on the part of the alarm device user.
TOWN
The unincorporated area outside the territorial limits of any incorporated village within the town.

§ 50-3 License required; application; fees.

A. 
Authority to grant licenses, permits and identification cards.
(1) 
The Westchester County Department of Consumer Affairs is hereby authorized to grant a revocable license, upon the approval of the Police Chief of said Department, to any alarm business, as defined within this chapter.
(2) 
The Westchester County Department of Consumer Affairs is hereby authorized to grant a revocable license and identification card, upon the approval of the Police Chief of said Department, to any alarm agent, as defined within this chapter.
(3) 
The Town Clerk is hereby authorized to grant a revocable permit, upon the approval of the Police Chief, to any alarm user, as defined within this chapter.
B. 
Application for licenses, permits and identification cards.
(1) 
All alarm businesses, as defined within this chapter, who desire to conduct such business within the Town of Mamaroneck shall apply to the licensing authority for an alarm business license on a form designated by the licensing authority.
(2) 
Each person desiring to be an alarm agent in the Town of Mamaroneck, before acting as such an alarm agent, shall apply to the licensing authority and comply with the requirements of said authority.
(3) 
Any property owner or lessee of property in the Town of Mamaroneck having on his or her premises an alarm device shall apply to the licensing authority for an alarm user permit, on a form designated by the licensing authority. Such alarm user permit is nontransferable. Such permit shall be valid for a one-year period on a calendar-year basis, expiring on December 31 of each year. Notwithstanding this provision, a holder of an alarm user permit may continue to operate his permitted alarm system until January 31 of the year following the expiration of his alarm user permit.
C. 
License and permit fees. Annual license and user permit fees shall be as set forth in § A250-1.
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
D. 
Violations. It shall be a misdemeanor for any person, business or commercial entity to operate, sell, lease, install, repair, service or maintain an alarm device within the Town of Mamaroneck, as defined in this chapter, without first having obtained a license as provided in this chapter.
E. 
Denial, suspension or revocation of license or permit and disconnection of alarm system.
(1) 
The Alarm Review Board may require the denial, suspension or revocation of any permit when deemed necessary for violation of any of the provisions of this chapter or the violation of any standards or regulations promulgated by the licensing authority pursuant to this chapter.
(2) 
Any permit issued pursuant to this chapter shall be surrendered immediately upon suspension or revocation by the Alarm Review Board. It shall be a misdemeanor to fail to surrender such license, permit or identification card which has been suspended or revoked as herein provided.

§ 50-4 Responsibility for systems; equipment; false alarms.

A. 
Town assumes no responsibility for such systems. Notwithstanding the payment of any fee and/or the issuance of any permit as herein required, the Police Department, Fire Department and the Town of Mamaroneck shall be under no obligation whatsoever concerning the adequacy, the operation or the maintenance of the alarm device so installed, and the Town of Mamaroneck and its authorized agents hereby assume no liability whatsoever for any failure of any such alarm device or for failure to respond to any such alarms or for any act of omission or commission as a result of any such alarm device or system.
B. 
Specific equipment required and/or prohibited.
(1) 
Effective January 1, 1989, no person shall use, cause or permit to be used any dialer alarm, as defined within this chapter.
(2) 
Alarm users directly or indirectly utilizing the services of a central station monitoring facility must ensure that, prior to police notification of an alarm activation, the central system monitoring facility shall first attempt to verify the authenticity of the alarm and the need for emergency response by police personnel. This procedure shall be initiated by the central system monitoring facility and shall include an attempt to contact persons at the alarmed premises. This requirement shall not apply to holdup/panic alarms or fire alarms, as defined in this chapter.
(3) 
The alarm user shall be responsible for compliance with these provisions.
C. 
Removal of unlawful equipment. The Alarm Review Board, whenever aware of the existence or use of any alarm device which is not operated in accordance with the provisions of this chapter or which does not meet standards for such alarm devices as set pursuant to § 50-4B(1) of this chapter, may order the disconnection of such alarm device, and it shall be unlawful to disobey such an order.
D. 
False alarms.
(1) 
Any owner or lessee of property having an alarm device or system of devices on his, her or its premises and any user of any services or equipment furnished by a licensee under this chapter shall pay to the Town of Mamaroneck, upon demand, the charge set forth in § A250-1 for false alarms to which Police Department or Fire Department personnel responds.
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No. 8-2011]
(2) 
More than five false alarms in any calendar year may constitute grounds for the suspension or revocation of an alarm user's permit, as determined by the Alarm Review Board. Any alarm user charged with a false-alarm penalty as prescribed herein may appeal such charge or penalty, in writing, within the (10) days after receipt of the notice of such penalty and may appear before the Alarm Review Board at a place and time selected by the Board. False alarm penalties or charges may be waived only by order of the Alarm Review Board. All penalties as prescribed herein shall be collected and recorded by the licensing authority and remitted to the Town Clerk. Failure to pay a false alarm charge or penalty as prescribed herein shall subject such alarm user to the suspension or revocation of his alarm user permit, as determined by the Alarm Review Board.
E. 
Users of medical alert alarms shall provide the town with a release, on a form approved by the Counsel to the Town, authorizing the forcible entry to premises occupied by the medical alert alarm user in cases where the central alarm station has been unable to gain entry to the premises. Unless such a release is on file with the Town of Mamaroneck Police Department, the town shall have no obligation to enter onto premises except through permission of the medical alert alarm user or another party having access to the premises occupied by the medical alert alarm user.