[HISTORY: Adopted by the City Council of the City of Newburgh 5-28-1996 by Ord. No.
8-96.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 155.
Fees — See Ch. 163.
Noise — See Ch. 212.
[1]
Editor's Note: This ordinance superseded former Ch. 103,
Alarm Systems, adopted 9-22-1986 by Ord. No. 16-86.
The purpose of this chapter is to set forth regulations governing
burglary and robbery alarm systems and businesses and agents within
the City, require permits therefor and provide for punishment of violations
of provisions in this chapter.
For the purpose of this chapter, certain words and phrases shall
be construed herein as set forth in this section, unless it is apparent
from the context that a different meaning is intended:
The business by any individual, corporation or other entity
of selling, leasing, maintaining, servicing, repairing, altering,
replacing, moving or installing any alarm system or causing to be
sold, leased, maintained, serviced, repaired, altered, replaced, moved
or installed any alarm system in or on any building, structure or
facility.
Any mechanical or electrical device which is designed or
used for the detection of an unauthorized entry into a building, structure
or facility or for alerting others of the commission of an unlawful
act or which is designed to detect or give warning of a fire within
a building, structure or facility, or both, and which emits a sound
or transmits a signal or message when actuated. Alarm systems include,
but are not limited to, audible alarms and proprietor alarms. Devices
that are not designed or used to register alarms that are audible,
visible or perceptible are not included within this definition nor
are auxiliary devices installed by the telephone company to protect
telephone company systems which might be damaged or disrupted by the
use of an alarm system.
A person, firm or corporation who or which files an application
for a new or renewal permit as provided in this chapter.
A device designed for the detection of unauthorized entry
on premises or which, when activated, generates an audible sound on
the premises.
The City of Newburgh.
The City Clerk of the City of Newburgh.
Calendar day.
Any alarm device which is a telephone device or telephone
attachment that automatically or electronically selects a telephone
line connected to a central alarm station and reproduces a prerecorded
message to report a criminal act or other emergency requiring a Police
or Fire Department response.
An alarm signal necessitating response by the Newburgh Police
Department or the Newburgh Fire Department where an emergency situation
does not exist. An alarm signal caused by telephone line faults, power
outages and severe weather conditions, such as storms, when no emergency
situation exists, shall not be considered to be a false alarm.
The Fire Chief of the City of Newburgh or, in his absence,
the Deputy Fire Chief or Acting Chief.
Written notice given by personal service upon the addressee
or given by United States mail, postage prepaid, addressed to the
person to be notified at his last known address. Service of such notice
shall be effective upon the completion of personal service or upon
the placing of the same in the custody of the United States Postal
Service.
Any person, firm, partnership, association or corporation
who or which shall be granted a permit as provided herein and his
or its agents and representatives.
A natural person, firm, partnership, association or corporation.
The Police Chief of the City of Newburgh or, in his absence
or disability, the Deputy Police Chief or Acting Police Chief.
An alarm which is not serviced by an alarm business/installer.
Any person who purchases, leases, contracts for or otherwise
obtains an alarm system or the servicing or maintenance of an alarm
system from an alarm business/installer.
Alarm systems must comply with the City Electrical Code,[1] all other statutes, laws, ordinances, codes and all state
statutes and regulations and must be approved for installation by
the Police Department in the case of security alarms and by the Fire
Department in the case of fire alarms. An inspection certificate of
compliance from the New York Board of Fire Underwriters shall be required
for every alarm system that incorporates hard wiring electrical installation
to a one-hundred-twenty volt or larger electrical system, which will
be installed by a licensed electrician. Any time the existing alarm
system is changed, a new certificate shall be provided.
A.Â
No person shall install, repair or maintain a direct-dialer alarm
system within the City that ties into the Police Department after
30 days from the adoption of this chapter. Any person, alarm business/installer
or alarm agent who sells, maintains, uses or installs a direct-dialer
alarm system that ties into the Police Department after said date
will be guilty of a violation and shall be subject to the penalties
set forth in this chapter.
B.Â
Direct-dialer alarms connected to a central alarm station shall include
a sixty-second delay or prealarm as part of the alarm system to allow
the central alarm station or subscriber to confirm the status of the
alarm before notifying the Police Department.
A.Â
Any audible alarm system shall be equipped with an automatic cutoff
device which will deactivate the audible alarm at a time no longer
than 30 minutes from the activation of the alarm.
B.Â
Business and residential complexes with multiple alarm systems shall
install an enunciator panel at a location which shall be easily accessible
to those personnel responding to the alarm.
C.Â
Periodic testing of all alarm systems shall be conducted once every
30 days, with prior notification being made to the Police Department
in the case of security alarms and the Fire Department in the case
of fire alarms.
D.Â
Upon the making of a permit application, the applicant shall provide
the Police Department and Fire Department with the names, addresses
and telephone numbers of a primary and secondary individual to be
contacted in the event of activation of the alarm. The applicant shall
provide these persons or any other designee whose name, address and
telephone number shall be provided to the Police Department and Fire
Department with the appropriate keys to the alarm system to ensure
timely deactivation. The applicant must notify the Police Department
and Fire Department personally in writing within 24 hours of any changes
in this information or any changes relating to the alarm systems.
The failure to provide accurate information or the failure to notify
the Police and Fire Departments of any change in said information
within 24 hours may result in the suspension or revocation of the
permit.
No person shall engage in, conduct or carry on an alarm business
without being licensed pursuant to Article 6-D of the General Business
Law of the State of New York.
No person shall possess or use an alarm system without first
applying for and receiving an alarm system permit therefor in accordance
with the provision of this chapter.
The permit shall be kept on the premises where the alarm system
is located. The City Clerk may issue an appropriate identification
tag and establish requirements for its posting.
The provisions of this chapter are not applicable to audible
alarms affixed to automobiles.
Whenever any change occurs relating to the written information required by § 103-5, the applicant or permittee shall give written notice thereof to the City Clerk's office within 20 days after such change or at any hearing conducted under this chapter if such hearing is conducted before the notice has been given.
The issuing authority shall be the City Clerk.
The approving authority shall be the Police Chief in the case
of security alarms and the Fire Chief in the case of fire alarms.
[Amended 1-10-2011 by Ord. No. 5-2011]
Applications for all permits required hereunder shall be filed with the City Clerk. The City Clerk shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The application for alarm systems shall require the name, address and telephone number of the person who will render service or repairs during any hour of the day or night and a nonrefundable application fee as set forth in Chapter 163, Fees, of this Code.
Alarm systems. The permit shall be denied by the Police Chief or Fire Chief if the alarm system does not comply with standards and regulations adopted pursuant to § 103-3. The permit shall be issued to the person owning, using or possessing the alarm system.
Notice of the decision of the Police Chief or Fire Chief, with
reference to a permit application under this chapter, shall be made
to the applicant or to any other person requesting such notice within
45 days after the receipt of the application for a permit or renewal
of the permit.
[Amended 7-12-2010 by Ord. No. 13-2010]
Any person aggrieved by the decision of the Police Chief or
the Fire Chief with reference to the approval or denial of an application
for a permit or renewal of the permit or suspension of a permit shall
have the right to appeal. An appeal must be perfected within 15 days
after notice of the decision or order of suspension by filing with
the City Manager a letter of appeal briefly stating therein the basis
for the appeal.
Failure to file a letter of appeal within said 15 days shall
constitute a waiver of the applicant's right to a hearing, but
the City Manager, in his discretion, may nevertheless grant such a
hearing.
The City Manager shall fix the time and place of the hearing
at a date not more than 15 days after his receipt of the letter of
appeal. The City Manager shall appoint a hearing officer. The City
Manager shall give the appealing party and any other person requesting
the same at least five days' notice of the time and place of
such hearing. The notice shall be substantially in the following form,
but may include other information:
|
"You are hereby notified that a hearing will be held at __________
on __________________ at the hour of __________, at which time you
may show cause why the appeal which you have filed should be sustained."
|
A.Â
At the time and place set for the hearing on the appeal from the
decision of the Police Chief or Fire Chief, the hearing officer shall
give the appealing party and any other interested party a reasonable
opportunity to be heard in order to show cause why the determination
of the Police Chief or Fire Chief should not be upheld. In all such
cases, the burden of proof shall be upon the appellant to show that
there was no substantial evidence to support the decision of the Police
Chief or the Fire Chief.
B.Â
The hearing officer shall submit a written report to the City Manager.
The report shall contain a brief summary of the evidence considered,
findings of fact and the recommendations of the hearing officer. In
addition, the report shall contain a proposed decision in such form
that it may be adopted by the City Manager as his decision in the
appeal. If the City Manager approves the decision of the hearing officer,
it shall be final and conclusive. The City Manager shall transmit
the decision to the Police Chief or Fire Chief who shall comply with
the decision. If the City Manager does not approve the decision, he
shall independently review the evidence taken at the hearing for the
purpose of determining if the decision of the Police Chief or Fire
Chief shall be upheld. The decision of the City Manager shall contain
findings of fact and a determination of the issues presented and shall
be final and conclusive. The City Manager shall transmit the decision
to the Police Chief or Fire Chief, who shall comply with the decision.
The Police Department shall permit only one alarm panel at Police Headquarters which shall be under the control of one alarm company. Each year the City shall accept bids from each company wishing to have the panel in Police Headquarters. All telephone lease lines carrying alarm signals to Police Headquarters shall be tied into this panel. The alarm panel must meet or exceed equipment standards set by the Chief of Police. The alarm company maintaining the alarm panel shall pay the City a minimum fee as set forth in Chapter 163, Fees, of this Code, for permission to maintain the panel. The alarm company must visit the Police Department once each day to ascertain the status of the panel. Corrective action must be taken within 24 hours.
[Added 7-12-2010 by Ord. No. 13-2010]
A.Â
Any owner or lessee of property having an alarm system on its premises and any user of any services or equipment furnished pursuant to this chapter shall pay to the City of Newburgh, upon receipt of an annual billing statement, a charge for each and every false alarm to which Police or Fire Department personnel respond. There shall be a fee for each charge as set forth in Chapter 163, Fees, of this Code.
B.Â
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 of this chapter, in addition
to other penalties and sanctions as provided by law.
[Added 7-12-2010 by Ord. No. 13-2010]
A.Â
The City Manager or his designee, Police Chief and Fire Chief shall
comprise and serve as a False Alarm Appeals Board having the powers
and duties granted to it under this chapter.
B.Â
Any person aggrieved by a decision made pursuant to § 103-21A may appeal such charge or penalty by filing a notice of appeal of same with the City Manager, in writing, within 30 days of receipt of the annual billing statement. The written notice of appeal shall state the specific objections to the charges or penalties.
C.Â
A hearing shall be held by the False Alarm Appeals Board on a date,
time and location fixed by the Board as soon as practicable. The Board
shall notify the appellant by certified mail.
D.Â
The hearing process shall be conducted informally.
E.Â
The decision of the False Alarm Appeals Board shall be based upon
the evidence presented and it shall:
[Added 7-12-2010 by Ord. No. 13-2010]
If any charges, fees or assessments under this chapter are not
paid within 30 days of receipt of the annual billing statement, the
City may, in addition to or in lieu of other remedies, add such unpaid
charges, fees or assessments to the subsequent City property tax levy
for the property on which such alarm system is located, to be collected,
bear interest, and be enforced as provided by law for other City taxes.
[Amended 7-12-2010 by Ord. No. 13-2010]
The following shall constitute grounds for permit suspension
or revocation:
A.Â
The violation of any of the provisions of this chapter.
C.Â
When an alarm system actuates more than four false alarms within
30 days or 10 false alarms within one year.
D.Â
Where the applicant or permittee, his employee or agent has knowingly
made any false, misleading or fraudulent statement of a material fact
in the application for a permit or in any report or record to be filed
with any City agency.
E.Â
Where the applicant or permittee has had a similar type of permit
previously revoked for good cause within the past year, unless the
applicant can show a material change in circumstances since the date
of revocation.
[Amended 7-12-2010 by Ord. No. 13-2010]
Any permit issued hereunder may be suspended by the Police Chief or Fire Chief for the grounds listed in § 103-26.
[Amended 7-12-2010 by Ord. No. 13-2010]
A.Â
The determination of the Police Chief or Fire Chief with regard to matters of suspension shall be appealable in the time and manner set forth in § 103-16.
B.Â
The Police Chief or Fire Chief, in the case of such suspension, shall
serve the permittee with a written order of suspension which shall
state the reasons for such suspension. The order shall be effective
immediately if personally served or 48 hours after the same has been
deposited in the course of transmission in the United States Postal
Service.
C.Â
Immediately upon such an order becoming effective, the permittee
shall discontinue the use of any alarm system requiring a permit under
this chapter.
D.Â
If the grounds for suspension is excessive false alarms, as described in § 103-24C, then the Police Department will not provide a priority response to further alarm signals from the offending alarm system until the Police Department has received written notification of repairs to correct the offending system.
[Amended 7-12-2010 by Ord. No. 13-2010]
B.Â
Where an appeal is filed, the order of suspension shall be stayed pending a determination thereon by the hearing officer who shall act upon the same in the manner set forth in § 103-19. The suspension shall become a revocation if the decision of the hearing officer upholds the suspension. The suspension shall be dissolved immediately if the decision of the hearing officer reverses the suspension.
[Amended 7-12-2010 by Ord. No. 13-2010]
If any permit is revoked, pursuant to this chapter, the permittee
shall surrender the permit to the City Clerk.
[Amended 7-12-2010 by Ord. No. 13-2010]
The information furnished and secured pursuant to this chapter
shall be confidential in character and shall not be subject to public
inspection and shall be kept so that the contents thereof shall not
be known, except to persons charged with the administration of this
chapter.
[Amended 9-28-1998 by Ord. No. 12-98; 7-12-2010 by Ord. No. 13-2010]
A.Â
Any person who shall violate any of the provisions of this chapter
or fail to comply therewith or who shall violate or fail to comply
with any order made thereunder shall be punished by a fine of $150
for the first offense, a fine of $250 for the second offense and a
fine of $500 for the third offense and each subsequent offense thereafter.
[Amended 1-10-2011 by Ord. No. 5-2011]
B.Â
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects. Each
day that prohibited conditions exist shall constitute a separate offense.
C.Â
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
