[HISTORY: Adopted by the Board of Trustees
of the Village of Ellenville 7-14-2008 by L.L. No. 3-2008. Amendments noted where applicable.]
The Board of Trustees is concerned that a large
number of audible burglar and fire alarm signals or signals transmitted
to the Ellenville Police Department from locations in the Village
of Ellenville are activated automatically as the result of defective
or malfunctioning equipment or caused by the negligence of the owner
or occupant of the premises to which the Police or Fire Departments
are required to respond as the result of the signal and where an emergency
condition is found not to exist, resulting in an unnecessary use of
the personnel and resources of the Departments. These signals require
that police and other emergency services respond to the false alarm,
exposing them to unnecessary hazards and risks, wasting taxpayer funds
and depriving other citizens, who may need emergency service, of those
services. The Board of Trustees believes that the imposition of a
scale of penalties for repeated false alarms will encourage property
owners and occupants to use care in the use of their alarm equipment
and to maintain the equipment in proper condition and that a registration
record will facilitate notification to alarm owners of possible violations
of this chapter. This chapter is intended to remedy the waste by regulating
alarm systems and reducing the number of false alarms.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, firm, corporation or business entity that has
installed and/or receives compensation for service or maintenance
of an alarm system from an alarm user upon whose property the device
has been installed.
Any device which, when activated, transmits, directly or
indirectly, a signal to police headquarters or to a private central
alarm station or produces any audible or visual or telephone signal
to which the Police Department is expected to respond.
Any person, firm, corporation or business entity, upon whose
premises an alarm system is installed or operating.
The activation of an audible alarm system or of a signal
transmitted to the Ellenville Police Department of the Village of
Ellenville giving notice of fire, unlawful entry, or other damage
to or intrusion upon property where, upon response by the Fire or
Police Department, the condition of fire, unlawful entry, damage,
or intrusion upon property is found not to exist. It shall not be
deemed a false alarm where the system or signal is activated by a
natural disaster such as a hurricane, lightning, thunderstorm, earthquake,
or an interruption in the electrical or telephone services to the
premises without the knowledge or control of the owner or occupant
thereof, or where the alarm user or the alarm installer promptly notifies
the Police Department or alarm monitoring servicing company that the
alarm was accidentally set and that no response is necessary.
A.
Effective August 8, 2008, the alarm user of any premises
in the Village of Ellenville upon which an alarm system is operated
shall provide the following information in writing to the Ellenville
Police Department:
(1)
The name, address and telephone number, both business
and residence, of the property owner and occupant;
(2)
The property location both by street or postal address
and tax roll identification number;
(3)
The number of individual tenants or subtenants occupying
the premises;
(4)
The name and address of the person or company who
installed the alarm system, if known;
(5)
The name, address and telephone number of the alarm
monitoring or servicing company; and
(6)
If the premises are not registered with an alarm monitoring
company, the name, address and business and residence telephone numbers
of at least one other person to receive notice of the activation of
the alarm system if the owner or occupant of the premises is not available.
B.
The Ellenville Police Department shall be notified
by the alarm user within 15 days of any change in the information
previously provided.
It shall be unlawful for any alarm user or alarm
installer to permit or allow an alarm device to signal a false alarm
whether intentionally or unintentionally, or whether due to malfunction
or otherwise.
A.
A member of the Police or Fire Department who proceeds
to premises in response to the communication of a signal which is
determined to be a false alarm shall, within two hours thereafter,
file a written report with the Ellenville Police Department setting
forth the date, time, premises, location, whether an owner or occupant
was present, whether there appeared to be any fire, unlawful entry,
intrusion, or other damage to the premises and whether it appeared
that the alarm signal was activated by a natural disaster as above
described.
B.
The Ellenville Police Department shall maintain a
record of the reports of false alarms transmitted to the center from
premises in the Village of Ellenville.
C.
It shall be the duty of any police officer employed
by the Village of Ellenville, including the Chief of Police, to issue
a notice to the alarm user and alarm installer in writing after the
first documented false alarm occurring in any twelve-month period
notifying said owner that any further false alarms occurring within
that twelve-month period could result in monetary fines.
(1)
Such notice shall be served either personally upon
the alarm user, or agent thereof, or by posting the violation notice
in a conspicuous place upon the applicable premises. If a written
notice is served by posting it upon the premises, a copy thereof shall
be mailed to the person to whom it is directed by regular first class
mail at the last known address of the property owner, or its agent.
Such notice shall also be served by regular, first class mailing upon
the alarm installer at its last known place of business.
A.
The alarm user or the alarm installer of premises from which more than two false alarms shall have previously been given within any twelve-month period, and who shall have at the time of the first alarm maintained current registration information with the Ellenville Police Department as required by § 100-3 hereof, shall be deemed to have committed an offense in violation of this chapter and shall upon conviction be punished by a fine of not more than $50 for the first violation and by a fine of not more than $50 for each subsequent violation occurring within a twelve-month period. This fine schedule is subject to further amendment by simple resolution of the Board of Trustees.
[Amended 12-22-2008 by L.L. No. 5-2008]
B.
The alarm user or alarm installer of premises from which more than one false alarm shall have been given within any twelve-month period, and who shall not have at the time of the first alarm maintained current registration information with the Ellenville Police Department as required by § 100-3, hereof, shall be deemed to have committed an offense in violation of this chapter and shall upon conviction be punished by a fine of not more than $50 for the first violation and by a fine of not more than $50 for each subsequent violation occurring within a twelve-month period. This fine schedule is subject to further amendment by resolution of the Board of Trustees.
[Amended 12-22-2008 by L.L. No. 5-2008]
C.
False alarm charge notification procedure. Whenever
an alarm user or alarm installer 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 installer 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 installer 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 Chief of Police, subject to Village Board
approval by resolution, shall have the authority to promulgate rules
and regulations governing the operations, testing and maintenance
of each alarm system. The penalty for violation of said rules and
regulations shall be in the form of a surcharge assessed against the
alarm installer and/or alarm user according to a fee schedule established
by the Chief of Police and subject to Village Board approval by resolution.
