[HISTORY: Adopted Liberty Village Board 12-7-1987 as L.L. No. 16-1987. Amendments noted where applicable.]
Noise — See Ch. 55.
Because faulty alarm systems often cause a serious public and official nuisance that may detract from normal police or fire activity, the following local law is enacted to increase the reliability of police and fire protection.
The intent of this local law shall be to provide for the regulation and setting of standards for police, fire or other emergency alarm systems in the Village of Liberty, County of Sullivan, State of New York, together with fees and procedures for connection of such devices. This local law shall pertain to various types of burglar, fire and other emergency alarm devices whether by direct line, radio, telephone or other means of actuation of said device.
As used in this local law, the following terms shall have the meanings indicated:
- ALARM DEVICE
- Any type of alarm system actuating equipment that provides a warning of intrusion, fire, smoke, flood or other peril.
- DIAL ALARM
- That type of device using telephone lines transmitting an alarm directly to the Village of Liberty Police and Fire Departments.
- FALSE ALARM
- Any alarm actuated by inadvertence, negligence or intentional act of someone other than an intruder and shall include as well alarms caused by malfunction of the alarm device or other relevant equipment.
- LOCAL ALARM
- Any alarm or device which when activated produces an audio or visual signal which is not connected to the telephone lines of the Village of Liberty Police Department or which can be heard or seen by the general public.
It shall be unlawful for any person, firm, association or corporation to connect or cause to be connected or to continue to be connected any dial alarm into the Village Police or Fire Department reporting telephones or any other telephone which is maintained by the Village of Liberty, or any device which automatically connects the alarm device to and causes a message to be received by any Village police or other Village telephone.
It shall be unlawful for any person, firm, association or corporation to connect or install or to continue to be connected or installed any local alarm within the Village of Liberty unless such person, firm, association or corporation has registered said alarm with the Village of Liberty Police Department.
Any registration may be denied if the Chief of Police disapproves the equipment intended to be used by the registrant or the manner of use thereof or if the registrant has violated any other provisions of the local law.
Unless required by law, no alarm device which produces an exterior audible signal shall be installed unless its operation is automatically restricted to a maximum of 15 minutes, except that Underwriters' Laboratories, Inc., certified commercial systems which require a minimum of 30 minutes shall be restricted to a maximum of 30 minutes, provided that if at any time the minimum shall be reduced, the maximum permitted under this exception shall be reduced in conformity therewith.
All registrations as may be granted hereunder shall be accepted upon the express conditions that:
The registrant shall defend, indemnify and save harmless the Village of Liberty and its authorized officials, agents and employees from and against any and all damages, costs, expenses and liability arising out of the acts of or failure to act of the Village of Liberty; or arising out of any defects, deficiencies or inadequacies in any alarm device or devices for which registration has been granted; or in any installation, monitoring or maintenance thereof; or by reason of any malfunction or defect in the operation of maintenance of the alarm.
The registrant shall comply with all other provisions of this local law.
All equipment to be used by the registrant shall be described in the registration and shall be a type approved by the Federal Communications Commission and the Village of Liberty Chief of Police.
It shall be the responsibility of the owner of such alarm equipment to maintain the same in proper operating condition at all times. In the event of the failure of any owner to properly maintain such equipment in such a manner as to limit false alarms, the service provided by the Village may be discontinued upon 10 days' written notice to the owner, addressed to the address of the improperly maintained equipment.
Except violations of § 8-5 of this local law, any person who shall violate any of the terms or provisions of this local law shall be guilty of an offense against this local law and shall be punished by a fine of $100 for each offense.
In the case of false alarms, any person having knowledge thereof shall immediately notify the Village of Liberty Police Department. The Chief of Police of the Village shall cause an investigation to be made, issue summons therefor and shall make a report of all incidents and keep a record of the same. For such false alarms, the Mayor and Board of Trustees prescribe the following penalties:
For the first 12 burglar or fire false alarms in any given calendar year, a warning shall be issued.
[Amended 2-4-1998 by L.L. No. 2-1998]
For subsequent false alarms in the same calendar year, a summons shall be issued which shall carry a fine of $25 payable to the Village of Liberty, and in addition, the Chief of Police of the Village may issue a written notice to the owner or operator of said alarm equipment requiring that he or she disconnect the same from service where, in the judgment of the Chief of Police, the number of false alarms in a given calendar year is deemed to be excessive.
Any unauthorized equipment may be ordered disconnected by the Chief of Police of the Village of Liberty or his designated representative for noncompliance with this local law.
Any person installing or maintaining unauthorized equipment shall be prosecuted for a violation of this local law. Each and every day said equipment is in operation shall be considered a separate violation.
This local law shall take effect January 1, 1988.