[HISTORY: Adopted by the Board of Trustees of the Village of Cove
Neck 3-3-1992 by L.L. No. 2-1992. Amendments
noted where applicable.]
[Amended 10-10-2001 by L.L. No. 1-2001]
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 of 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 or which 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:
[Amended 10-10-2001 by L.L. No. 1-2001]
It has the approval of the Police Department as to the suitability and
quality of all devices, equipment and hardware and the approval of Underwriters'
Laboratories, Inc.
It 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.
It 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 or 626-1300.
It 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 within 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.
It 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 or designated representative.
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 he or it operates, maintains, modifies, installs, services,
repairs, alters, replaces, leases, sells, monitors, receives a signal from
or responds to or in any way conducts installation services or provides central
station service for an alarm system in the Village.
[Amended 10-10-2001 by L.L. No. 2-2001]
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 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.
Any lawfully authorized Police Department contracted to service the
Village or operated by the Village.
[Amended 10-10-2001 by L.L. No. 2-2001]
The Village of Cove Neck.
The Village Justice Court of the Village of Cove Neck.
It shall be a violation of this chapter:
A.
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.
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.
For any person to fail to pay a false burglar or fire
alarm charge within 30 days after receiving notice to pay such charge.
A.
It shall be unlawful for any alarm agent or alarm business to do business in the Village without a license issued by the Village of Cove Neck or in accordance with § 11-5F or to refuse to display the required identification upon request.
B.
Alarm businesses and alarm agents who or which are presently
doing business in the Village under an existing license, as of the effective
date of this chapter, may continue to do business under such license for a
period of 90 days after the effective date of this chapter. Thereafter, they
shall obtain the required license to do business in the Village.
[Added 10-10-2001 by L.L. No. 1-2001]
A.
Alarm businesses and alarm agents. Applications for alarm
business and alarm agent licenses and permits shall be filed with the Police
Department on an approved form and accompanied by the required application
fee. In addition, a fingerprint processing fee required by, and payable to,
the New York State Division of Criminal Justice Services shall be submitted
for the purpose of obtaining a criminal history record from the Division of
Criminal Justice Services and/or any other state where the alarm business
officers or supervisors or alarm agents may have resided and/or the Federal
Bureau of Investigation to determine their eligibility for a license or permit.
Prior to processing the application, the Police Department may require the
officers and supervisors of an alarm business and an alarm agent to be fingerprinted
at police headquarters. Prior to the issuance of an alarm agent license, the
alarm agent shall be photographed for identification purposes.
[Amended 10-10-2001 by L.L. No. 1-2001]
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.
[Amended 10-10-2001 by L.L. No. 1-2001]
(1)
An alarm business license and alarm agent license shall
be valid for a two-year period.
(2)
An alarm installation permit shall be valid for 90 days
after issuance.
(3)
An annual alarm user permit shall expire when an alarm
system is replaced or significantly modified or when a change in ownership
of the premises occurs.
E.
Renewal of licenses and permits. Alarm business and alarm
agent licenses and alarm user permits may be renewed upon filing a renewal
application with the Police Department and payment of the appropriate license
or permit fee, provided that:
F.
Multi-village permit. A single alarm business or alarm
agent license issued by an approved Police Department shall be recognized
for doing business within the Village.
A.
The Police Department shall charge, collect and retain
the following processing fees:
(1)
Business license: $100 (for a two-year period).
(2)
Agent license: $50 (for a two-year period).
(3)
Alarm user permit.
[Amended 10-10-2001 by L.L. No. 1-2001]
(a)
New alarm installation, significant modification to existing
alarm system or change of ownership: $50 (for a one-year period).
(b)
Initial permit fee for all existing alarm users who do
not have an alarm user permit as of the effective date of this chapter: $50
(for a one-year period).
(c)
Annual renewal fee: $20.
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 Police
Commissioner or Chief of Police to correct or remedy such violation.
[Amended 10-10-2001 by L.L. No. 1-2001]
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.
A.
The Police Commissioner or Chief of Police may deny,
suspend or revoke a license or permit for the following grounds:
[Amended 10-10-2001 by L.L. No. 1-2001]
(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 Police Commissioner or 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 of receipt of notice;
(5)
The activation of more than 10 false alarms within a
one-year period; or
(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.
B.
Any license, permit or identification card issued hereunder
shall be surrendered to the Police Department upon the revocation, suspension
or expiration of a license or permit or the termination of an alarm business
operation.
C.
An alarm agent shall surrender his identification card
to the Police Department within 10 days of termination of his employment with
the alarm business.
D.
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.
E.
The Police Commissioner or Chief of Police may deny,
suspend or revoke any license or permit for a violation of this chapter or
any rule and regulation. 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 action of the Police Commissioner or
Chief of Police to the Board of Trustees, which shall have the power to stay,
affirm, reverse or modify the action of the Police Commissioner or Chief of
Police.
[Amended 10-10-2001 by L.L. No. 1-2001]
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:
[Amended 10-10-2001 by L.L. No. 1-2001]
|
Cumulative Number of False Alarms During a Year
|
Charge
| |
|---|---|---|
|
1
|
$0
| |
|
2
|
$10
| |
|
3
|
$20
| |
|
4
|
$40
| |
|
5
|
$60
| |
|
6
|
$60
| |
|
7
|
$80
| |
|
8
|
$80
| |
|
9
|
$100
| |
|
10 and over
|
$100
|
B.
Business alarm charges. An alarm business shall pay to
the Village a charge for each and every false alarm resulting from its failure
to verify whether an alarm is false. The charge schedule during a calendar
year for alarm businesses shall be $20 for each false alarm.
C.
New alarm system installations will be permitted two
nonchargeable false alarms during a ninety-day period after installation of
the alarm system.
D.
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 by certified
mail, return receipt requested. 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.
E.
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 Police Commissioner or Chief of Police for review of the charge.
If the Police Commissioner or Chief of Police sustains the charge, the alarm
user or alarm business may appeal such action to the Board of Trustees or
designated representative within 15 days after receiving written notice of
the same. The Board of Trustees or designated representative shall have the
power to affirm, reverse or modify the actions of the Police Commissioner
or Chief of Police.
[Amended 10-10-2001 by L.L. No. 1-2001]
[Amended 10-10-2001 by L.L. No. 1-2001]
The Board of Trustees or designated representative, 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.
B.
The foregoing subsection shall be printed conspicuously
on all licenses and permits issued pursuant to this chapter.
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 fifty-dollar 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.
Any person who violates or fails to comply with this chapter shall commit
a violation as defined in the New York State Penal Law which shall be punishable
in the Village Justice Court by a fine of up to $250 for each such violation.
