[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 10-6-1975 by L.L. No. 8-1975; amended in its entirety 10-4-2004 by L.L. No. 3-2004. Subsequent amendments noted where applicable.]
This chapter is enacted to regulate the installation and use of police, fire, and other emergency signal systems designed to require Police Department and/or Fire Department response, investigation, and/or safeguarding of persons or property at the location of an event reported by such a signal. Said signals may be transmitted by telephone, leased wire, radio, or otherwise to the Police Department. It is the intent of this chapter to reduce in number false alarms and to encourage the use of reliable emergency signal systems.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ALARM DEVICE
- Any mechanism, equipment, or device that is designed to operate, automatically or manually, to transmit an audible or visible signal, message, or warning from one place to another location. Excluded from this definition are devices which are designed to alert or signal only persons within the premises in which the device is installed.
- ALARM USER
- The owner of any premises in which an alarm device is used, provided that an occupant or lessee who expressly accepts responsibility for an alarm device by registration pursuant to § 41-3 shall be deemed the alarm user.
- ALARM USER PERMIT
- A permit issued by the Village Manager or his designee to a property owner, lessee or occupant of property in the Village or Mt. Kisco Fire District having on such premises an alarm device or system of alarm devices. Such permittee shall be required to provide type of system, property address, phone numbers of emergency contacts, name of monitoring company, etc.
- CENTRAL ALARM STATION
- Any facility operated by a private firm that receives, records, or validates alarm signals and relays, directly or indirectly, information about such validated signals to the Police Department when appropriate.
- FALSE ALARM
- Any activation of an alarm device to which the Police, Fire Department or other emergency services personnel are dispatched and which is not caused by a criminal act, fire or other emergency.
- FIRE DEPARTMENT
- The Fire Department of the Village/Town of Mount Kisco.
- LICENSING AUTHORITY
- The Village Manager of the Village/Town of Mount Kisco.
- Any natural person, firm, partnership, association, corporation, company or organization of any kind.
- POLICE DEPARTMENT
- The Police Department of the Village/Town of Mount Kisco.
- The Village/Town of Mount Kisco.
Licensing authority. The Village Manager is hereby designated as the licensing authority and is authorized to grant an alarm user revocable permit to any owner or lessee of property located within the Village of Mount Kisco or the Mt. Kisco Fire District to operate, maintain, install and modify an alarm device.
Licenses. No person shall engage in the business of installing security or fire alarm systems or hold himself out as being able to do so unless he is licensed therefor pursuant to Article 6-D of the General Business Law.
Applications for permits. Applications for alarm user permits shall be made as follows: Any property owner, lessee or occupant of property in the Village of Mount Kisco or Mt. Kisco Fire District having on his or its premises an alarm device or system of alarm devices shall apply to the licensing authority for a permit to own or to otherwise have such a device on his or its premises. Application shall be made to the licensing authority by submitting a completed form to be supplied by the licensing authority which shall require that all work performed under said permit shall be performed by an installer licensed under Article 6-D of the General Business Law. This permit is not transferable upon the sale or transfer of the property by the property owner. No such device may be installed on the premises of the owner, lessee or occupant prior to the licensing authority having issued a permit to such person, and no presently existing alarm device shall be modified prior to the licensing authority having issued a permit to such owner or lessee. All permit holders must immediately notify the licensing authority of any changes in the information provided in the permit application.
The alarm device owner, lessee or user shall be responsible for the maintenance and service of the alarm device and shall be responsible for all malfunctions of such device.
The Village Manager or his or her designee is hereby authorized to grant revocable annual owner's alarm permits pursuant to provisions of this chapter and pursuant to rules and regulations promulgated by the Village Manager. Such licenses and permits may be revoked for good cause shown.
The Village Manager or his or her duly authorized representative is hereby empowered to promulgate reasonable rules, regulations and standards that may be necessary for the purpose of assuring the proper implementation of the provisions of this chapter. Said rules and regulations shall be set forth in writing, and copies shall be available for applicants.
Any licensing or permitting fees and any false alarm charges shall be billed and collected by the Police Department and made payable to the Village/Town of Mount Kisco.
It shall be the duty of the Police Chief to keep a record of owner's alarm permits issued, fees and charges collected and report same to the Village Manager on an annual basis. It shall be the duty of the Fire Chief to keep a record of all alarm responses made by the Fire Department and convey to the Police Chief on a monthly basis a record of all false alarms.
None of the provisions of this chapter shall apply to an alarm device or system of devices installed in a motor vehicle or trailer nor to employees of a public utility company engaged in the business of providing communications services. Furthermore, no alarm user shall be fined for or attributed with a false alarm where such alarm is due to a Village-wide, district-wide or neighborhood-wide power outage or surge.
No liability whatsoever is assumed by the Village, its departments, officers, agents or employees for the failure of such alarm devices or monitoring facilities or for the failure to respond to alarms or for any other omission in connection with such alarm devices. Each alarm user shall be deemed to hold and save harmless the Village, its departments, officers, agents and employees from liability in connection with the alarm user's alarm device.
The Police and Fire Chiefs of the Village shall cause to be kept an up-to-date and accurate log of all false alarms occurring in the Village.
In addition to any penalties that may be imposed for a violation of this chapter, the Village Manager, in consultation with the Police and/or Fire Chiefs, may suspend or revoke any license or permit issued under this chapter for any violation of this chapter or for the failure or refusal to comply with any order or notice issued by the Police Chief, Fire Chief or the Village Manager as provided in this chapter. In making such determination, the Village Manager shall assess whether such failure or refusal to comply with notices or orders jeopardizes the health or safety of fire or police personnel or jeopardizes their ability to serve and protect other residents within the Village or Fire District.
After notice of revocation or suspension has been given, the alarm user may continue to operate the alarm device for 60 days until all administrative rights of appeal have been exhausted, unless the Village Manager determines that continued operation is not in the public interest and that termination of service will not compromise safety.
If the Village Manager determines, after consultation with the Police and/or Fire Chiefs, that the public health, safety or welfare requires emergency action and incorporates a written finding to that effect in an order, he may suspend a permit effective on the dates specified in such order or upon service of a copy of such order upon the permittee by certified mail at the address designated in the permit application.
Any applicant whose application for a permit has been denied or any person whose permit has been revoked or any owner, lessee or occupant who is charged for one or more false alarms may contest such denial, revocation, or charge in writing to the Village Manager within 10 days after the date of the notice of the denial, revocation, or charge. An appeal from the Village Manager's determination may be in writing to the Board of Trustees within 10 days of the Manager's determination. The decision of the Board of Trustees shall be final.
The failure of any person to obtain any permit as required by this chapter or to perform or obey any provision of this chapter or to obey any order of the Police Department, Fire Department or the Village Manager pursuant to this chapter constitutes a violation punishable by a fine as provided in § 1-17B of this Code. Each week that such violation continues after the expiration of any period allowed for compliance under the provisions of this chapter shall constitute an separate offense.
Where the alarm user is the property owner: Any unpaid permit fees, false alarm charges, fines, or other charges pursuant to this chapter which remain unpaid for a period of 90 days shall become a lien upon the property at which the alarm device involved is located, and will be collected in the same manner as real estate taxes.
Where the alarm user is not the property owner: In the event that the alarm user is a lessee or other occupant entitled to register pursuant to §§ 41-2 and 41-3, and has any unpaid fees, false alarm charges, fines or other charges pursuant to this chapter which remain unpaid for a period of 90 days, such individual or entity shall be subject to prosecution for any unpaid items and shall not be entitled to renew said permit until all outstanding fees, fines and charges have been paid.