[HISTORY: Adopted by the Board of Trustees of the Village of Oyster
Bay Cove 4-19-1994 by L.L. No. 1-1994.
Amendments noted where applicable.]
The purpose of this chapter is to provide regulations and standards
applicable to alarm systems, alarm businesses, alarm agents and alarm users
so as to reduce the incidence of false burglar and fire alarms, maximize the
efficient use of police personnel and resources, and provide efficient police
protection to Village residents.
For the purpose of this chapter, the following definitions shall apply:
Any person who is employed by or otherwise represents any alarm business
whose duties include any of the following: selling, leasing, maintaining,
servicing, repairing, altering, replacing, moving or installing, in or on
any building, place or premises any alarm system.
Any business, firm, proprietorship, partnership, corporation, or
other commercial entity which is in the business of owning, operating, maintaining,
installing, servicing, repairing, altering, replacing, leasing, selling, monitoring,
receiving signals from or responding to an alarm system.
Any combination of components which is used to transmit a signal
directly or indirectly to the Police or Fire Department. Any alarm device
which when activated causes a response by the Police or Fire Department shall
be deemed to be an alarm system.
The installation, replacement or significant modification to an alarm
system. An expenditure of over $500 for modification to an existing alarm
system shall be deemed to be a significant modification to said system.
Any person or commercial entity who owns, rents or otherwise occupies
any structure or premises on which an alarm system is owned, operated, used
or maintained or permitted to be used or maintained.
An alarm system that incorporates the following features and meets
with the below requirements.
The approval of the Police Department as to the suitability and quality
of all devices, equipment and hardware and the approval of Underwriter Laboratories.
Has an exterior or interior audible signal which can be clearly heard
in all portions of the protected structure when the alarm system is automatically
activated. An audible signal is not required for alarm systems that are intentionally
activated by a "panic button" or a similar device specifically designed to
enable an alarm user to intentionally activate the alarm system.
If an alarm system has an audible outdoor alarm signal, it must automatically
terminate within 15 minutes of activation.
Will not transmit more than two alarm messages upon a single activation
to the Police or Fire Department (if applicable). The limitation of two messages
shall include messages transmitted by recorded or taped devices.
An automatic dialer (if applicable) shall be programmed to dial a Police
or Fire Department approved telephone number for alarm systems. Under no circumstances
shall any alarm system be programmed to dial 911.
Contains a thirty-second time lapse between initial activation of the
alarm system and transmission of the alarm signal to the Police or Fire Department
or central alarm station with an abort feature or alternate means of canceling
the alarm signal with the thirty-second period. An abort feature shall not
be required for devices specifically designed to enable an alarm user to intentionally
activate the alarm system.
Contains such other technical features or requirements as shall be provided
in the rules and regulations governing alarm systems as shall hereafter be
duly approved and promulgated by the Board of Trustees.
An alarm user permit has been issued for the alarm system.
An alarm business which receives, records or validates alarm signals
and/or relays information to the Police or Fire Department. Any commercial
entity that provides central alarm station services to premises in the Village
shall be considered an alarm business subject to the licensing, regulatory
and penalty provisions of this chapter.
An alarm agent or alarm business shall be deemed to be doing business
in the Village if they operate, maintain, modify, install, service, repair,
alter, replace, lease, sell, monitor, receive a signal from or respond to,
or in any way conduct installation services or provide central station service
for, an alarm system in the Village.
Any message or signal which is transmitted directly or indirectly
to the Police or Fire Department to which the Police or Fire Department responds
and which signal or message is not the result of a fire or criminal offense.
The transmitting of a message or signal due to an equipment malfunction or
the unauthorized actions of an alarm business or alarm agent shall be deemed
to be a false alarm and not an emergency.
The Oyster Bay Cove police.
The Village of Oyster Bay Cove.
The Village Justice Court of the Village of Oyster Bay Cove.
A.
It shall be a violation of this chapter for any alarm
user, alarm agent or alarm business to permit, allow or undertake the installation
of an alarm system in the Village which is not an approved alarm system or
for which a valid alarm installation permit has not been issued.
B.
It shall be a violation of this chapter for any alarm
user to operate or permit or allow the operation of an alarm system in the
Village which is not an approved alarm system or one for which an alarm user
permit has not been issued.
C.
It shall be a violation of this chapter for any person
to fail to pay a false burglar or fire alarm charge within 30 days after receiving
notice to pay such charge.
It shall be unlawful for any alarm agent or alarm business to do business
in the Village without a license issued by the appropriate New York State
agency or to refuse to display the required identification upon request.
A.
Alarm businesses and alarm agents. Applications for alarm
business and alarm agent licenses must be submitted to the appropriate New
York State agency. Alarm installers must furnish New York State license numbers
prior to doing business in the Village.
B.
Alarm installation permit. Application for an alarm installation
permit shall be filed with the Police Department on the approved form and
accompanied by installation specifications and plans and the alarm user permit
fee. An alarm installation permit shall be obtained prior to installing any
alarm system.
C.
Alarm user permit. After the required alarm user permit
fee has been paid and the Police Department is satisfied that the alarm system
complies with the requirements of this chapter and the rules and regulations,
the Police Department shall issue an alarm user permit. An alarm system shall
not be operated until an alarm user permit has been issued for the alarm system.
D.
License and permit period. An alarm installation permit
shall be valid for 90 days after issuance. An alarm user permit shall expire
when an alarm system is replaced or significantly modified or when a change
in ownership of the premises occurs.
The Police Department shall charge, collect and retain the following
processing fees as follows:
B.
For new installations or significant modifications to
an existing alarm system, an alarm installation permit shall be issued free
of charge, when the alarm user permit fee has been paid.
C.
No refunds of license or permit fees shall be made. If
revoked, a new license or permit fee must be paid to reinstate any revoked
license or permit.
A.
After a recurring problem of false burglar or fire alarms
at the premises, a representative of the Police Department, upon reasonable
notice, shall be permitted to inspect and test an alarm system or alarm system
installation. If permission to inspect is refused, it shall be grounds for
revocation of the alarm user permit.
B.
If an inspection reveals any violations of or noncompliance
with the provisions of this chapter or the rules and regulations, a written
report shall be promptly mailed to the alarm user. Within 30 days after receipt
of such report, the alarm user shall take corrective action so that the alarm
system complies with the provisions of this chapter and the rules and regulations.
If the alarm user fails to bring his alarm system into compliance, it shall
be grounds for revocation of the alarm user's permit. The alarm user may,
upon good cause, be granted a reasonable extension of time by the Chief of
Police to correct or remedy such violation.
A.
If a burglar or fire alarm is transmitted from premises
for which no alarm user permit is currently in effect, the Police or Fire
Department shall not be required to respond to said alarm signal, and the
occupant(s) and owner(s) of the premises shall be in violation of this chapter.
B.
If an alarm system is activated and the premises are
unoccupied, the police shall be authorized to enter the premises to investigate
the alarm and make any adjustments to the alarm system, including disconnection
of the audible alarm signal to terminate a nuisance condition. The Police
Department shall notify the alarm user as soon thereafter as practical to
indicate the adjustments made to the alarm system.
C.
An alarm user shall designate a person living within
15 miles of the premises containing the alarm system so as to provide access
to the premises to investigate the alarm system and facilitate the prompt
termination of any nuisance caused by the alarm system.
D.
If a central alarm station relays a false burglar or
fire alarm and does not have an alarm business license, the central alarm
station shall be in violation of this chapter.
E.
The Police Department will not be responsible for notifying
the resident at the time of response relative to false alarm.
A.
The Chief of Police may deny, suspend or revoke a license
or permit for the following grounds:
(1)
False statement or willful and knowing misrepresentation
made in a license or permit application.
(2)
Failure to comply with any lawful order or notice issued
by the Chief of Police.
(3)
Repetitive or flagrant violation of the provisions of
this chapter or the rules and regulations.
(4)
Failure to correct any deficiencies in equipment, procedures
or operations within 30 days or receipt of notice.
(5)
The activation of more than 10 false alarms within a
one-year period.
(6)
The conviction of an alarm agent or a partner, officer
or manager of an alarm business of a criminal offense subject to the applicable
provisions of the Correction Law.
(7)
Failure to pay, within the prescribed time, three false
burglar or fire alarm charges during any twelve-month period. The prescribed
time for payment shall be 30 days from receipt of notice of fine.
B.
Any license, permit or identification card issued hereunder
shall be surrendered to the Police Department upon revocation, suspension
or the expiration of a license or permit.
C.
The cost of disconnecting any alarm system with the Police
or Fire Department shall be the responsibility of the alarm user whose alarm
permit has been revoked, suspended or expired.
If the Chief of Police denies, suspends or revokes any license or permit
for a violation of this chapter or any rule and regulation, then such denial,
suspension or revocation shall become effective 30 days after written notice
thereof is mailed to the violator by certified mail, return receipt requested.
Within the thirty-day period, the licensee or permittee may appeal the Chief
of Police's action to the Board of Trustees which shall have the power to
stay, affirm, reverse or modify the action of the Chief of Police.
A.
Alarm user charge. An alarm user shall pay to the Village
the below-noted charge for each and every false alarm in each calendar year
as follows:
(1)
First and second false alarm in the first month after
issuance of the permit: no charge.
B.
New alarm system installations will be permitted two
nonchargeable false alarms during a ninety-day period after installation of
the alarm system.
C.
False alarm charge notification procedure. Whenever an
alarm user or alarm business has a chargeable false alarm in any calendar
year, the Village Clerk shall mail a notice requesting payment. If payment
is not received by the Village within 30 days from the date of mailing or
from the date of refusal (if the alarm user or alarm business refuses delivery
of the notice), it shall be deemed a violation of this chapter.
D.
The full monetary charge shall become the property of
the Village 30 days after its payment to the Village unless, before the end
of the thirty-day period, the alarm user or alarm business submits a written
request to the Chief of Police for review of the charge. If the Chief of Police
sustains the charge, the alarm user or alarm business may appeal such action
to the Board of Trustees within 15 days after receiving written notice of
same. The Board of Trustees shall have the power to affirm, reverse or modify
the actions of the Chief of Police.
The Board of Trustees, after a duly noticed public hearing, may promulgate
rules, regulations and standards to ensure the quality, efficiency and effectiveness
of the enforcement, interpretation and implementation of this chapter.
A.
Notwithstanding the payment of any license or permit
fee, the issuance of any license or permit or inspection and approval by the
Police Department of an alarm system, the Police or Fire Department and the
Village, including their agents and employees, make no representation and
shall be under no obligation whatsoever concerning the adequacy, operation
or maintenance of an alarm system installation or of the operation of a central
alarm station, nor do they assume any liability whatsoever for any failure
of any such alarm system or central alarm station, or for failure to respond
to any such alarm system or for any act of omission or commission involving
an alarm system.
A.
An alarm user, maintaining and operating an existing
alarm system pursuant to a valid alarm user permit immediately prior to the
effective date of this chapter, shall be subject to all provisions of this
chapter except that such alarm user shall not be required to:
(1)
Modify his alarm system to comply with this chapter's
technical requirements for an approved alarm system; or
(2)
Obtain or be required to renew an alarm user permit or
pay an alarm user permit fee, provided that there is compliance with the regulations
in force immediately prior to the effective date of this chapter.
B.
Notwithstanding the provisions of Subsection A(1) and (2) immediately above, if an existing alarm user has three chargeable false alarms within any twelve-month period or if he replaces or significantly modifies his alarm system, said alarm user shall be subject to all provisions of this chapter and the rules and regulations, including, but not limited to, maintaining an approved alarm system, obtaining a new alarm user permit and paying the required permit fee after receiving written notification from the Police Department.
C.
An alarm user who has been charged with violating the
provisions of the Village's burglar or fire alarm regulations in force prior
to the effective date of this chapter, shall be governed by the provisions
of said burglar or fire alarm regulations and pay any false burglar or fire
alarm charges in accordance with such regulations.[1]
