[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 6-23-1987 by L.L. No. 6-1987; amended in its entirety 10-22-2013 by L.L. No.
7-2013. Subsequent amendments noted where applicable.]
The purpose of this chapter is to extend the coverage of the
Police Alarm Systems Law to include fire alarms. It amends Local Law
No. 1 of the year 1986, which established standards and controls of
the various types of intrusion, holdup and other emergency signals
from police alarm devices that require police response, investigation
or safeguarding of property at the location of an event reported by
a signal which is transmitted by telephone or radio or which is otherwise
relayed to the Police Department by an alarm device.
For the purpose of this chapter, the following definitions shall
apply:
Any person who is employed in any business, firm, corporation
or other commercial entity that is licensed hereunder to conduct the
business of owning, operating, maintaining, installing, leasing or
selling police or fire alarm devices, whose duties include any of
the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing, in or on any building,
place or premises, any police or fire alarm device as defined in this
chapter.
Any police or fire alarm device or aggregation of police
or fire alarm devices installed on or within a single building or
on or within more than one building or area adjacent to a building
located on a common site, at a specific location.
Any business, firm, corporation or other commercial entity
which is in the business of owning, operating, maintaining, installing,
leasing or selling a police or fire alarm device or devices or systems
of police or fire alarm devices, which business, firm, corporation
or other commercial entity is, as owner, operator, provider of maintenance
service, installer, lessor or seller of said device, devices or system
of devices, subject to the license requirements of this chapter.
Any facility operated by a private firm that owns or leases
a system of police or fire alarm devices, which facility is manned
by operators who receive, record or validate alarm signals and relay
information about such validated signals to the Police or Fire Department
when appropriate.
Any police or fire alarm device which is a telephone device
or telephone attachment that automatically or electronically selects
a telephone line connected to a central alarm station or police headquarters
or Fire Department and reproduces a prerecorded message to report
a criminal act or other emergency requiring Police Department or Fire
Department response. No person shall use or cause or permit to be
used any digital dialer or voice dialer alarm which is designed to
connect with police headquarters unless it is to a telephone number
designated by the licensing authority. All voice dialers connected
to police headquarters or Fire Departments shall contain data as required
by the licensing authority.
Any police alarm device or fire alarm device designed to
be actuated by a fire, criminal act or other emergency at a specific
location or by a victim of a holdup, robbery, fire or other emergency
or criminal act at a specific location.
Any signal actuated by an emergency alarm to which the Police
Department or Fire Department responds which is not the result of
a holdup, fire, robbery or other crime or emergency.
Any device which, when actuated by fire, smoke, heat or other
emergency requiring Fire Department or Police Department response,
transmits a prerecorded message or other signal by telephone, radio
or other means to a central alarm station or directly to the Police
Department or Fire Department or produces an audible or visible alarm
signal designed to notify persons within audible or visible alarm
range of the signal. Consumer smoke detectors or carbon monoxide detectors
shall not require a permit to operate.
Any entry into an area or building equipped with one or more
police alarm devices or fire alarm devices by any person or object
whose entry actuates a police alarm device or fire alarm device.
The Village Clerk.
Any device which, when actuated by a criminal act or other
emergency requiring Police Department response, transmits a prerecorded
message or other signal by telephone, radio or other means to a central
alarm station or directly to the Police Department or produces an
audible or visible alarm signal designed to notify persons within
audible or visible alarm range of the signal.
Police headquarters, Fire Departments and other enclosures
housing privately or publicly owned equipment serving the Police Department
or Fire Department.
A.
It shall be unlawful for any person, business, firm, corporation
or other commercial entity to operate, maintain, install, lease or
sell a police alarm device or fire alarm device or devices or system
of police alarm devices or fire alarm devices as defined by the terms
of this chapter without first obtaining a license as hereinafter provided.
B.
Alarm agents must be licensed by the County of Westchester.
C.
The licensing authority is hereby authorized to grant a revocable
permit to any owner of property located within the Village of Rye
Brook or the lessee thereof to operate, maintain, install and modify
a police or fire alarm device.
D.
Deadline for compliance.
(1)
All presently existing police alarm devices and systems of police
alarm devices and present owners and lessees of premises having such
devices or systems must comply with all provisions of this chapter
by January 1, 1987.
(2)
All presently existing fire alarm devices and systems of fire alarm
devices and present owners and lessees of premises having such devices
or systems must comply with all provisions of this chapter by November
1, 1987.
Applications for permits shall be made as follows:
A.
Any property owner or lessee of property in the Village of Rye Brook
having on its premises a police alarm device or system of police alarm
devices or fire alarm devices or system of fire alarm devices shall
apply to the licensing authority on a form to be supplied by the licensing
authority for a permit to own or otherwise have such a device on his
or its premises. The application shall contain provisions relating
to the device or system of devices installed or to be installed on
the premises.
B.
Application for permits for police alarm devices existing in premises
on the effective date of this chapter must be made to the licensing
authority by January 1, 1987. Applications for permits for fire alarm
devices must be made to the licensing authority by November 1, 1987.
C.
No such devices may be installed on the premises of the owner or
lessee after the effective date of this chapter prior to the licensing
authority's having issued a permit to such owner or lessee, and
no presently existing police alarm device shall be modified after
the effective date of this chapter prior to the licensing authority's
having issued a permit to such owner or lessee.
D.
Such permit shall be obtained each time a device or system is to
be installed or modified and shall be renewed annually on January
1.
Permit fees will be established by the Board of Trustees. The
current License and Fee Schedule is on file in the Village Clerk's
office.
A.
A permit issued under this chapter may be suspended or revoked by
the licensing authority after notice and hearing by the licensing
authority for the violation of any of the provisions of this chapter
or of any regulation or regulations promulgated by the licensing authority
pursuant to this chapter. No part of a permit fee shall be refunded
when a permit is suspended or revoked.
B.
Any applicant whose application for a permit has been denied or any
property owner or lessee whose permit has been suspended or revoked
by the licensing authority may appeal such denial, suspension or revocation
in writing to the Board of Trustees within 30 days after the date
of denial or of the notice of suspension or revocation and may appear
before such Board of Trustees at a time and place to be determined
by the Board of Trustees, in support of his or its contention that
the permit should not have been denied, suspended or revoked.
Every business, firm, corporation or other commercial entity
conducting the business of owning, operating, installing, leasing
or selling police alarm devices or fire alarm devices shall maintain
complete and accurate records of all installations of alarm systems
in the Village of Rye Brook and shall produce such records for inspection
by the licensing authority upon demand.
No police alarm device or fire alarm device shall be connected
to or use any telephone line connected to police headquarters or Fire
Departments except those lines authorized by the licensing authority.
The owner and licensee of any such police alarm device or fire alarm
device which is connected, either directly or indirectly, to police
headquarters or Fire Departments by a telephone line which has not
been authorized for use for such purpose shall be in violation of
this chapter and shall be subject to the penalty provisions hereof.
It shall be a violation of this chapter to intentionally cause
a false alarm, and any person who does intentionally cause a false
alarm shall be subject to the penalty provisions hereof.
A.
Any owner or lessee of property having a police or fire alarm device
or system of police or fire alarm devices on his premises and any
use of services or equipment furnished by a licensee under this chapter
shall pay to the Village Clerk a charge for each and every false alarm
to which the Police Department responds, in each calendar year, established
by the Board of Trustees. The current License and Permit Fee Schedule
is on file in the Village Clerk's Office.
More than five false alarms in any twelve-month period for any
alarm system for which an alarm use permit has been obtained will
constitute grounds for revocation of the permit, subject to the following:
A.
After the Police Department or Fire Department has recorded three
false alarms which appear to the Chief of Police or Fire Department
or his designated agent to be related to the equipment within a twelve-month
period commencing on the date of the first false alarm from any alarm
system, it shall notify the permit holder of the same by mail, requesting
an inspection to be conducted by the alarm agent to ascertain the
reasons for the false alarms. All inspections shall be at the owner's
expense. Failure or refusal to permit such inspection shall be grounds
for the revocation of the alarm user permit.
B.
The permit holder will be notified in writing of the results of such
inspection. Said report will include recommendations, if any, to correct
any deficiencies or malfunctions in the alarm system in order to facilitate
the elimination of false alarms emanating therefrom.
C.
If the permit holder complies with the recommendations of the inspection
report and submits a report to the Police Chief which adequately describes
the work accomplished to eliminate said conditions, the false alarm
count may, by direction of the Police Chief, revert back to zero.
The permit holder must have commenced work within 15 days of the receipt
of the report and have submitted the report of completion of the necessary
repairs within 30 days from the date of the initial police report,
unless said period is extended by the Police Chief or his designated
representative. The Police Chief may request and require a reinspection
to confirm that said corrective measures have been undertaken and
completed before reducing the false alarm count. Failure to permit
such reinspection shall be grounds for revocation of the alarm user
permit.
D.
If the alarm user submits a report as required by Subsection C of this section but the Chief of Police determines that the report is unsatisfactory or that the alarm user has failed to take the required or adequate measures to correct the alarm system inadequacies, the Police Chief may not permit the false alarm count to revert back to zero.
E.
If the Police Chief does not change the false alarm count in accordance
with the provisions of this section and, within one year from the
date of the first false alarm, no adequate corrective measures have
been undertaken and the number of false alarms shall exceed five,
the Police Chief shall cause the alarm user permit to be revoked.
The installation and maintenance of police alarm devices or
fire alarm devices permitted by this chapter, including the connection
to police headquarters or Fire Department shall be made at no cost
to the Village of Rye Brook or the Village of Port Chester. The owner
or lessee shall be responsible for the maintenance and service of
his or its police or fire alarm equipment and shall be responsible
for all malfunctions of his or its equipment.
A.
If the location of police headquarters should be changed at any time,
the Village shall not be responsible for any expense incurred by the
owner or lessee or business licensee or alarm agent for moving alarm
systems or reconnecting such systems to the relocated police headquarters
or elsewhere.
B.
If the location of the Fire Department should be changed at any time,
the Village of Rye Brook and the Village of Port Chester shall not
be responsible for any expense incurred by the owner or lessee or
business licensee or alarm agent for moving alarm systems or reconnecting
such systems to the relocated Fire Department or elsewhere.
In addition to any other remedy provided by the law, the licensing
authority, whenever it shall have knowledge of the use of any police
alarm device, cabinet or attachment or telephone terminal which is
not operated or maintained in accordance with the provisions of this
chapter or which is contrary to regulations promulgated pursuant to
this chapter and after notice and hearing by the licensing authority,
may order the removal of the same from police headquarters, and it
shall be unlawful to disobey such order.
The licensing authority shall promulgate reasonable rules, regulations
and standards necessary for the purpose of assuring the quality, efficiency
and effectiveness of police alarm devices and alarm installations
owned, operated, maintained, installed, leased or sold by a licensee
under this chapter. The licensing authority shall administer and enforce
the provisions of the chapter. The aforesaid rules, regulations and
standards shall be set forth in writing and copies shall be available
for applicants.
The Chief of Police is hereby authorized to prescribe the location
and the manner of installation of private or regular business telephone
lines into police headquarters or Fire Departments from a central
alarm station for the express purpose of providing direct telephone
communications between a central alarm station and police headquarters
for use in reporting holdup alarms.
Any audible burglar or fire alarm that is installed shall be
capable of terminating and shall automatically terminate its operation
within 10 minutes of its being activated. An audible alarm can be
heard from the street or a neighboring house. All alarm systems shall
have sufficient battery backup to allow for a minimum of four hours
of standby, and all battery backup shall be a rechargeable type.
None of the provisions of this chapter shall apply to a police
alarm device or devices or fire alarm device or devices installed
in a motor vehicle or trailer, nor to employees of a public utility
company engaged in the business of providing communication services
or facilities.
Any person, firm or corporation who does not pay any charge or fee established in connection with this chapter or who violates any provision of this chapter shall be subject to the penalty provisions of § 1-17 of Chapter 1, General Provisions, for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed.
