[HISTORY: Adopted by the Board of Trustees of the Village of Spring
Valley 2-18-1981 by L.L. No. 2-1981 (Ch. 2 1/2 of the 1970 Code); amended
in its entirety 5-27-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
The intent of this chapter is to provide for a police, fire or other
emergency alarm system in the Village of Spring Valley, Town of Ramapo, County
of Rockland and State of New York, together with standards, fees and procedures
for connection thereto and providing for the issuance of permits thereunder,
together with penalties for violation thereof.
The purpose of this chapter is to provide standards and regulations for various types of burglar, fire and other emergency alarm devices, unless more specifically stated in Chapter 82, whether by alarm company or other means, requiring response thereto by the Police Department, the Fire Department, Emergency Medical Technicians or other municipal agencies.
The provisions of this chapter shall apply to any person, firm or corporation (also referred to as the "alarm user") who operates, maintains or owns any alarm device or local alarm designed to summon the Police Department, the Fire Department, Emergency Medical Technicians or other municipal agencies to any location in response to any type of alarm signal. The terms of this chapter shall apply to any person, firm or corporation having a premises protected by an alarm device in accordance with § 62-5A and for the fee as established in § 118-4J(1).
As used in this chapter, the following terms shall have the meanings
indicated:
Any type of alarm system actuating equipment providing warning of
intrusion, fire, smoke, flood, medical elevator malfunction or other peril.
Any alarm device or combination of devices installed for one or more
buildings at a location.
Any person, firm, corporation or business entity who or which has
installed and/or receives compensation for service or maintenance of a burglar/security,
non-fire emergency system alarm or fire alarm device from a resident upon
whose property the device has been installed.
The owner or person in charge of any residence, firm or corporation
or business entity upon whose premises within the Village of Spring Valley
an alarm device is installed or operating. Also known as the "permittee."
As appointed by the Building Inspector.
That type of device, mechanical or electronic in nature, using telephone
lines transmitting an alarm directly through the police switchboard that produces
a prerecorded voice message reporting a criminal act, fire or other emergency
calling for police, fire or medical assistance.
Any alarm actuated by inadvertence, negligence or unintentional act
of someone other than an intruder and shall include as well alarms caused
by malfunctioning of the alarm device or other relevant equipment that causes
the summoning of the Police Department, the Fire Department, Emergency Medical
Technicians or other municipal agencies to any location in response to any
type of alarm signal.
Any alarm or device which, when actuated, produces a signal not connected
to any monitoring station, such as store burglar alarms or fire sprinkler
alarm actuating bell devices or any type of audio noise.
Includes but is not limited to elevator car emergency call button/telephone
and nurses medical call system.
Any person owning an alarm device or a local alarm within the scope
of this chapter.
Includes any natural person, partnership, corporation or association.
A.
Except as hereinafter provided, it shall be unlawful
for any individual, partnership, corporation or firm to operate or maintain
an alarm device, as defined by this chapter, without a valid permit, except
fire or sprinkler alarms directly connected to Fire Control 44. A permit is
valid for one year, commencing the first day of registration approval.
B.
Any individual, partnership, corporation or firm which
owns, operates or maintains an alarm device or devices, except a fire alarm
or fire sprinkler system directly connected to Fire Control 44, shall make
application to the Building Inspector or designated representative for a permit
therefor on forms supplied by the Building Department. The application shall
specify the name, address and telephone number, date of birth and driver's
license of the owner of the alarm installation (also known as "alarm user"),
the exact street address location of the alarm device or devices, the name
and telephone number of the alarm installer/maintainer of said device (also
referred to as the "alarm company"), the type of system located at premises,
if any, provisions relating to false alarms and testing procedures, a secondary
name, phone number, date of birth and driver's license of a person to be contacted
in the event of an alarm and other information relating to the alarm device
reasonably required by the Building Inspector or designated representative.
C.
The Building Inspector or designated representative is
the designated official of the Village of Spring Valley to issue and renew
permits, to remove or suspend permits and to otherwise enforce and apply the
provisions of this chapter.
D.
An application for a permit or permit renewal may be
denied if the Building Inspector or designated representative disapproves
of the equipment intended to be used or continued by the applicant or the
manner of use thereof or if the applicant has violated any other provisions
of the law or is in default in the payment of the annual fee.[1]
E.
All permits as may be granted hereunder shall be accepted
upon the express conditions that:
(1)
The permittee shall defend, indemnify and save harmless
the Village of Spring Valley and its authorized officials, agents and employees
from and against any and all damages, costs, expenses and liability arising
out of the acts or failure to act of the Village of Spring Valley, permittee,
alarm contractor or any one or more of them or arising out of any defects,
deficiencies or inadequacies in any alarm device or devices for which a permit
has been granted or in any installation, monitoring or maintenance thereof
or by reason of any malfunction or defect in the operation or maintenance
of the alarm devices; and
(2)
The permittee shall comply with all other provisions
of this chapter.
F.
Each person submitting an alarm permit application form for a burglar/security, fire alarm or fire sprinkler system not directly connected to Fire Control 44, or other non-fire emergency system, shall receive an alarm device system registration permit sticker, after paying the applicable alarm user registration fees as set forth in Chapter 118. The permit sticker shall be clearly displayed on or near the main entrance door to the premises served by the alarm system.
G.
All existing burglar/security, fire alarm/fire sprinkler
systems not directly connected to Fire Control 44 or other non-fire emergency
system users must register their alarm device or system of alarm devices within
90 days of the effective date of this chapter.
H.
Any alarm installer contracted to install a burglar/security
or non-fire emergency alarm device or system of alarm devices must be licensed
to perform home improvement pursuant to a license issued by the Rockland County
Office of Consumer Protection.
I.
Any alarm installer contracted to install a fire alarm
device or system of alarm devices must be licensed pursuant to a license issued
by the Rockland County Office of Fire and Emergency Services (aka, Fire Control
44) or possess a valid New York State Fire Alarm License or be NICET or UL
certified in fife alarm installation and show proof when requested by the
Building Inspector or designated representative.
J.
Termination of outside audible signal. If a burglar/security
or non-fire emergency alarm device or system of alarm devices activates an
outside audible signal, such outside audible signal cannot be broadcast for
more than 15 minutes after initial activation.
The Village of Spring Valley shall be under no obligation to any permittee
hereunder. Upon recommendation by the Building Inspector or designated representative,
for good cause shown, the Village Board of Trustees may terminate any individual
permits issued hereunder, provided that 30 days' notice is given, in writing,
to said permittee by certified mail.
B.
Any permittee utilizing the services of any alarm company
shall provide for a representative to be on call at all times, and such
service shall be provided immediately after notification by the Police Department,
Fire Control 44, the Building Inspector or designated representative of any
malfunction of any equipment.
C.
In the case of a false alarm, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations pursuant to § 62-9 of this chapter.
(1)
In addition, in the case of false alarms, where a written
complaint by an officer of the Fire or Police Department or other person is
made and contains the following: name and address of alarm user, date and
time of false alarm, the circumstances of the agency response, the cause of
the false alarm (if known) and any prior false alarms, if any, the Building
Department of the Village of Spring Valley, shall cause an investigation to
be made, shall issue a court appearance ticket and shall keep a record of
such false alarms.
(2)
Where the investigation of the Building Department discloses continued abuse of the permittee in failing to take remedial steps to avoid false alarms, the Building Inspector or designated representative reserves the right to issue a summons or court appearance ticket in violation of Village of Spring Valley Code of Ordinances § 255-63A(2) for failure to comply with a written order and shall be subjected to § 62-10, Penalties for offenses.
D.
Any unauthorized equipment found by the Building Inspector
or designated representative not to be in compliance with this chapter may
be disconnected, and any person installing or maintaining unauthorized equipment
shall be prosecuted for violation of this chapter, and each and every day
said equipment is in operation shall be considered a separate violation. Any
permittee shall, by acceptance of the permit, be deemed as having consented
to inspection of the premises on which said alarm devices are installed at
reasonable hours by the Building Inspector or designated representative.
E.
Within 10 days after an alarm system is tested or repaired, or when requested by the inspector, the alarm company of record shall forward a copy of the latest alarm system test report (whether system passed or failed) to the Inspector by way of mail or legible fax transmission. Note: As stated in § 82-32E(1)(b) of the Code of Ordinances of the Village of Spring Valley, fire alarms systems are required to be tested on a quarterly basis.
Dial alarm devices are not permitted in the Village of Spring Valley.
The Building Inspector may, from time to time, promulgate rules and
regulations supplementing this chapter in order to provide for recordkeeping
and efficient management of said system; provided, however, that the Spring
Valley Village Attorney's Office must first approve said rules or any changes
thereto.
Any person, firm, corporation or agent who shall be responsible for
a false alarm shall pay the following penalties:
A.
First false alarm in any consecutive twelve-month period,
no fine shall be assessed. A warning shall be issued via certified mail stating
the name and address of the alarm user, the date and time of the false alarm,
the agency responding, and that any further false alarms will result in a
more severe penalty;
B.
Second false alarm in any consecutive twelve-month period,
a fine of $50 shall be assessed and paid to the Village of Spring Valley;
C.
Third false alarm in any consecutive twelve-month period,
a fine of $100 shall be assessed and paid to the Village of Spring Valley.
D.
Fourth false alarm in any consecutive twelve-month period,
a fine of $200 shall be assessed and paid to the Village of Spring Valley.
E.
Fifth false alarm in any consecutive twelve-month period,
a fine of $500 shall be assessed and paid to the Village of Spring Valley.
F.
Any number of false alarms in excess of five in any consecutive
twelve-month period, shall make the offender subject to a fine not to exceed
$5,000 and/or imprisonment for a period not to exceed 15 days, or both.
