[HISTORY: Adopted by the Board of Trustees of the Village of Muttontown as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-13-1986 by L.L. No. 1-1986]
The purpose of this article 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 alarms, maximize the efficient use of police personnel and resources and provide efficient police protection to Village residents.
For the purpose of this article, the following definitions shall apply:
- ALARM AGENT
- 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.
- ALARM BUSINESS
- 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.
- ALARM SYSTEM
- Any combination of components which is used to transmit a signal directly or indirectly to the Police Department. Any alarm device which, when activated, causes a response by the Police Department shall be deemed to be an alarm system.
- ALARM SYSTEM INSTALLATION
- The installation, replacement or significant modification of an alarm system. An expenditure of over $500 for modification of an existing alarm system shall be deemed to be a significant modification of said system.
- ALARM USER
- 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.
- APPROVED ALARM SYSTEM
- An alarm system that incorporates the following features and meets with the below requirements:
- A. 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.
- B. 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.
- C. If an alarm system has an audible outdoor alarm signal, it must automatically terminate within 15 minutes of activation.
- D. It will not transmit more than two alarm messages upon a single activation to the Police Department (if applicable). The limitation of two messages shall include messages transmitted by recorded or taped devices.
- E. An automatic dialer (if applicable) shall be programmed to dial a Police Department approved telephone number for alarm systems. Under no circumstances shall any alarm system be programmed to dial 911 or 626-1300.
- F. It contains a thirty-second time lapse between initial activation of the alarm system and transmission of the alarm signal to the Police 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.
- G. 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 Old Brookville Board of Police Commissioners.
- H. An alarm user permit has been issued for the alarm system.
- CENTRAL ALARM STATION
- An alarm business which receives, records or validates alarm signals and/or relays information to the Police 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 article.
- DOING BUSINESS
- 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.
- FALSE ALARM
- Any message or signal which is transmitted directly or indirectly to the Police Department to which the Police Department responds and which signal or message is not the result of a criminal offense, fire or other emergency. 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.
- POLICE DEPARTMENT
- The Old Brookville Police Department.
- The Village of Muttontown.
- VILLAGE JUSTICE COURT
- The Village Justice Court of the Village of Muttontown.
It shall be a violation of this article:
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.
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.
For any person to fail to pay a false burglar alarm charge within 30 days after receiving notice to pay such charge.
It shall be unlawful for any alarm agent or alarm business to do business in the Village without a license or to refuse to display the required identification upon request.
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 article, may continue to do business under such license for a period of 90 days after the effective date of this article. Thereafter, they shall obtain the required license to do business in the Village.
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.
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.
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 article 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.
License and permit period.
An alarm business license and alarm agent license shall be valid for a two-year period.
An alarm installation permit shall be valid for 90 days after issuance.
An alarm user permit shall expire when an alarm system is replaced or significantly modified or when a change in ownership of the premises occurs.
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:
Multi-Village permit. A single alarm business or alarm agent license issued by the Police Department shall be recognized for doing business within the Village.
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.
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.
After a recurring problem of false burglar 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.
If an inspection reveals any violations of or noncompliance with the provisions of this article 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 article 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 Chief of Police to correct or remedy such violation.
If a burglar alarm is transmitted from premises for which no alarm user permit is currently in effect, the Police 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 article.
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.
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.
If a central alarm station relays a false burglar alarm and does not have an alarm business license, the central alarm station shall be in violation of this article.
The Chief of Police, in compliance with the requirements of Subsection E, may deny, suspend or revoke a license or permit for the following grounds:
False statement or willful and knowing misrepresentation made in a license or permit application;
Failure to comply with any lawful order or notice issued by the Chief of Police;
Repetitive or flagrant violation of the provisions of this article or the rules and regulations;
Failure to correct any deficiencies in equipment, procedures or operations within 30 days of receipt of notice;
The activation of more than 10 false alarms within a one-year period; or
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.
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.
An alarm agent shall surrender his identification card to the Police Department within 10 days of termination of his employment with the alarm business.
The cost of disconnecting any alarm system with the Police Department shall be the responsibility of the alarm user whose alarm permit has been revoked, suspended or expired.
The Chief of Police may deny, suspend or revoke any license or permit for a violation of this article 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 Police Chief's action to the Board of Police Commissioners, which shall have the power to stay, affirm, reverse or modify the action of the Chief of Police.
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.
New alarm system installations will be permitted two nonchargeable false alarms during a ninety-day period after installation of the alarm system.
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 article.
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 business may appeal such action to the Board of Police Commissioners within 15 days after receiving written notice of the same. The Board of Police Commissioners shall have the power to affirm, reverse or modify the actions of the Chief of Police.
The Board of Police Commissioners, 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 article.
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 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.
The foregoing subsection shall be printed conspicuously on all licenses and permits issued pursuant to this article.
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 article shall be subject to all provisions of this article, except that such alarm user shall not be required to:
Modify his alarm system to comply with this article's technical requirements for an approved alarm system; or
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 article.
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 article 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 permit fee after receiving written notification from the Police Department.
[Amended 9-11-2000 by L.L. No. 3-2000]
An alarm user who has been charged with violating the provisions of the Village's burglar alarm regulations in force prior to the effective date of this article shall be governed by the provisions of said burglar alarm regulations and pay any false burglar alarm charges in accordance with such regulations.
[Amended 9-11-2000 by L.L. No. 3-2000]
Any person who violates or fails to comply with § 11-3, 11-4 or 11-8 of this article 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 or imprisonment for up to 15 days, or both, for each such violation.
[Adopted 4-18-2001 by L.L. No. 2-2001]
The purpose and objective of this article is to provide regulations for fire alarm systems and authorize the imposition of fines to reduce the number of false fire alarms generated within the Village. Reduction in false fire alarms will prevent overburdening the services of our local volunteer fire departments and foster more effective fire protection for our Village residents.
For the purposes of this article, the following definitions shall apply:
- FALSE FIRE ALARM
- Any message or signal which is transmitted directly or indirectly to a Fire Department to which the Fire Department responds and which signal or message is not the result of a fire or other emergency. The transmitting of a fire alarm due to equipment malfunctions or activation by a third party, when no fire or emergency situation exists, shall be deemed a false alarm.
- FIRE ALARM SYSTEM
- Any combination of components which when activated causes a signal to be transmitted either directly or indirectly to a fire department.
- FIRE ALARM USER
- Any person or entity which owns, rents or otherwise occupies a structure, building or dwelling on premises within the Village in which a fire alarm system is installed.
- FIRE DEPARTMENT
- Any fire department, fire company or fire district which services premises within the Village.
- The incorporated Village of Muttontown.
A fire alarm user shall pay to the Village a charge in the amount of $250 per false alarm for each and every false fire alarm transmitted in each calendar year. If the fire alarm system is registered with Nassau County and the fire alarm user has a current and valid permit with Nassau County to maintain the fire alarm system, there shall be no charge for the first false fire alarm transmitted in each calendar year.
Whenever a fire alarm user has a chargeable false fire 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 refuses delivery of the notice) it shall be deemed a violation of this article.
The full monetary charge imposed under this article shall become the property of the Village 30 days after payment to the Village, unless the fire alarm user submits a written request for review of said false alarm charge to the Trustee responsible for fire protection. If the Trustee sustains the charge, the fire alarm user may appeal such action to the full 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 Trustee.
The Board of Trustees may promulgate rules and regulations, including alarm system standards, to ensure the orderly enforcement, interpretation and implementation of this article.
Notwithstanding the provisions of this article, the Village, including its agents and employees, makes no representations and shall be under no duty, obligation or liability to anyone, including the alarm user, concerning adequacy, operation or maintenance of a fire alarm system, the installation of same or the failure of such system to respond to any emergency situation.