[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Plandome 10-6-1987 as L.L. No. 4-1987. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any alarm device or series of devices which, when activated:
Transmits a signal which is audible beyond the property boundaries of
the real property on which the alarm is located; or
Transmits to a manned facility where the signal is recorded, retransmitted
and/or validated and the information relayed to the Fire Department or Police
Department that an emergency exists or that the services of that Fire Department
or Police Department are needed.
The ordinary and customary power provided by the utility authorized
to provide the same.
The Incorporated Village of Plandome Fire Department.
Includes individuals, corporations, partnerships, firms or agents
acting in behalf thereof.
Power generated in the place and stead of electrical power, whether
by battery, auxiliary generator or otherwise.
A.
All alarm systems installed and maintained in the village
shall be in compliance with this chapter.
B.
The Mayor of the village or his designee(s) or the Chief
of the Fire Department of the Incorporated Village of Plandome or his designee(s)
shall have the power to determine conformance with this chapter.
All alarm systems subject to this chapter and maintained in the village
shall be inspected and tested annually or in accordance with the recommendations
of the manufacturer, whichever requires the more frequent inspections, by
a competent person. Written records of inspection shall be maintained on the
premises protected and shall include:
Any alarm system, as defined in § 50-1, shall:
A.
Have the capability of being deactivated by an occupant
in the event of malfunction or accidental activation of the system.
B.
Be designed and installed to prevent activation of the
fire alarm system by a burglar alarm system and vice versa.
C.
If operated by electric power, not be activated by loss
of electrical power.
A.
License.
(1)
All persons installing, maintaining, constructing, replacing
or improving any automatic alarm system, as defined in this chapter, which
requires Fire Department response in the village shall obtain a license from
the Fire Marshal of Nassau County upon proper application on a form provided
by the Fire Marshal and submission of such information on such form as the
Fire Marshal may require together with an established fee. Upon consideration
and approval of such application by the Fire Marshal, a license shall be issued
on a form prepared by the Fire Marshal which shall authorize such installation,
construction, replacement or improvement of such automatic fire alarm system.
(2)
The license issued by the Nassau County Fire Marshal shall expire one (1) year from the date of such issuance unless prior thereto the license is revoked or suspended by the Mayor of the village or the Chief of the Fire Department or their designee(s). Upon payment of the annual license fee as provided in Chapter 87, Fees, prior to the expiration date, a license shall be renewed for another year; and the authority to install, maintain, construct, replace or improve any automatic alarm system, as defined in this chapter, shall continue in effect until such time within the year as the County of Nassau or the village revokes or suspends such license.
(3)
The procedure for obtaining a burglar alarm license and the fee, expiration and terms shall be identical to that for a fire alarm system as outlined herein in Subsections A(1) and (2), except that the license shall be obtained from the village on forms provided by the village and procedure regulated by it.
(4)
The village may, at any time, require reasonable information
of an applicant or a licensee and may require the production of books and
records which relate to the installation, maintenance, construction, replacement
or improvement of any automatic alarm system or the qualifications for compliance
with this chapter by the applicant or licensee.
B.
Permit. All persons or owners of property located within
the village or the lessees thereof who desire to operate and maintain an automatic
alarm system in the village shall apply to the village for a permit on forms
provided by the village prior to installation. It shall be unlawful to operate
or maintain such an automatic alarm system without first obtaining a permit
as hereafter provided.
(1)
The village shall issue, upon proper application and
payment of a fee in such other amount as set by the Board of Trustees,[1] a permit to any person who owns or leases property upon which
an automatic alarm system is operated or maintained or on behalf of such person
to any seller, lessor or installer of such automatic alarm system. Such permit
shall be transferable to any subsequent owner or lessee of the premises in
which such automatic alarm system has been installed upon written notification
to the village and the Fire Marshal of Nassau County.[2]
(2)
The applicant for a permit shall submit to the village
operating instructions so that the system may be disarmed by village and/or
Fire Department personnel in the event of a false alarm or malfunction.
(3)
The permit required by this chapter shall continue in
full force and effect so long as there is full compliance with the provisions
of this chapter.
(4)
All present owners or lessees of premises having an automatic
alarm system installed in said premises before enactment of this chapter shall
comply with all provisions of this chapter within six (6) months of the effective
date of this chapter.
A.
It shall be a violation of this chapter and unlawful
for any owner, lessee or occupant of any real property in the village to suffer
or permit any alarm to emit sound, audible beyond the boundaries of the real
property on which the alarm is located, for a continuous period of more than
fifteen (15) minutes.
B.
Any alarm to which the Fire or Police Department responds and after investigation determines is the result of malfunction of the alarm system or the negligence of the user shall be designated as a nonintentional false alarm. Thereupon, it shall be the responsibility of the occupant of the premises that the cause for such alarm be corrected by a licensed maintainer, as defined in § 50-5A, and a report of such correction, in writing, be submitted to the village on forms provided by the village within thirty (30) days of the false alarm.
C.
Complaints from neighbors from two (2) different addresses
which allege that an alarm has been sounding for more than fifteen (15) minutes
beyond the boundaries on which the alarm is located shall be confirmed, and
after confirmation of the validity of the complaint, the village and/or Fire
Department personnel shall be authorized to silence the alarm.
After a false alarm or other violations of this chapter, the village
may cause an inspection to be made at the owner's expense to determine the
condition of the alarm system and compliance with this chapter. Refusal to
permit inspection or failure to cooperate with said inspection or inspectors
shall be a violation of this chapter.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, General Provisions, Article III. Each day during or on which a violation of this chapter shall occur shall be deemed to be a separate and distinct offense.
This chapter shall not be construed to hold the Village of Plandome
or Plandome Fire Department, its officers, agents or employees responsible
for any injury to person or damage to property by reason of the disarming
of any alarm system as authorized herein, the inspection or reinspection authorized
herein or failure to inspect or reinspect as herein provided or by reason
of the issuance of a permit or approval or disapproval of any alarm system
authorized herein.
