[HISTORY: Adopted by the Village Board of Trustees of the Village of Pleasantville 2-22-1993 by L.L. No. 3-1993. Amendments noted where applicable.]
[Amended 7-9-2018 by L.L. No. 2-2018]
The purpose of this chapter is to establish standards and control of the various types of intrusion, holdup, fire and other emergency signals from fire alarm or police alarm devices that require Police or Fire Department response, investigation and 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 by an alarm device requiring investigation. This chapter establishes procedures for regulation and licensing of property owners who maintain such alarm devices and systems at their premises in order to provide control of the proliferation, use and activation of the same. All emergency medical monitoring and alarm systems shall be exempt from this chapter.
[Amended 7-9-2018 by L.L. No. 2-2018]
For the purpose of this chapter, the following terms shall have the meanings indicated:
- Any alarm device designed to be actuated by a criminal act or other emergency, including fire, at a specific location or by a victim of a holdup, robbery, fire or other emergency or criminal act at a specific location which produces an audible or visual signal designed to notify any person within audible or visible alarm range of the signal.
- ALARM INSTALLATION
- Any alarm, fire alarm or police alarm device or aggregation of alarm, fire alarm or police alarm devices installed on or within a single building or on or within more than one building or area adjacently located on a common site at a specific location.
- CENTRAL ALARM STATION
- Any facility operated by a private firm that owns or leases a system of alarm, fire alarm or police 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 when appropriate.
- DIAL ALARM
- Any alarm, fire alarm or police 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 and reproduces a prerecorded message to report a criminal act or other emergency requiring Police or Fire Department response.
- DIRECT ALARM
- Any alarm, fire alarm or police alarm device connected directly, by leased telephone wires, from a specified location to police headquarters.
- FALSE ALARM
- Any signal actuated by an alarm to which the Police or Fire Department responds, which is not the result of a holdup, robbery or other crime or emergency.
- FIRE ALARM OR POLICE ALARM DEVICE
- Any device which, when actuated by a criminal act, fire or other emergency requiring Police or Fire 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.
- Any entry into an area or building equipped with one or more alarm, fire alarm or police alarm devices or any person or object whose entry actuates an alarm, fire alarm or police alarm device.
- LICENSING AUTHORITY
- The Village Board of Trustees of the Village of Pleasantville or its designee.
- The written certification of an alarm service company authorized to do business in the State of New York that an alarm or police alarm device which activated a false alarm was due to a fault in the alarm or police alarm device system, but without any fault or negligence on the part of the homeowner.
- POLICE OR FIRE DEPARTMENT RESPONSE
- Any action taken by the Police Department or Fire Department to investigate, respond to or dispatch emergency services to the location indicated by an alarm or fire alarm or police alarm device.
- The Village of Pleasantville.
Installing, servicing or maintaining a police alarm device without a license. It shall be unlawful for any person, business, firm, corporation or other commercial entity to engage in the business of installing, servicing or maintaining an alarm or police alarm or devices or system of alarms or police alarm devices, as defined by the terms of this chapter, without first obtaining a license from the State of New York pursuant to General Business Law Article 6-D, as amended from time to time.
[Amended 4-28-1997 by L.L. No. 4-1997]
The licensing authority is hereby authorized to grant a revocable permit to any owner of property located within the Village of Pleasantville or the lessee thereof to operate, maintain, install and modify an alarm or a police alarm device.
Application for permits. Application for permits shall be made as follows: Any property owner or lessee of property in the Village of Pleasantville having on his, her or its premises an alarm or a police alarm device or 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 an alarm or device on his, her or its premises. No such alarm or device may be used or operated on the premises of the owner or lessee prior to the licensing authority 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 having issued a permit to such owner or lessee. Such permit need not be obtained on an annual basis, but shall be obtained each time an alarm, device or system is to be modified or a new alarm, device or system is used on his, her or its premises.
Fees. There shall be a fee for a permit as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
[Amended 5-23-1994 by L.L. No. 12-1994]
Denial, suspension or revocation of permit. 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, and any permit identification card issued hereunder shall be surrendered immediately to the licensing authority upon such suspension or revocation. No part of a permit fee shall be refunded when a permit is suspended or revoked. Any applicant whose application for a permit has been denied or suspended or revoked by the licensing authority may appeal such a denial, suspension or revocation, in writing, to the Village Board of Trustees, if the licensing authority revoking the permit is other than the Village Board of Trustees, within 30 days after the date of the notice of denial, suspension or revocation and may appear before the Village Board of Trustees, at a time and place to be determined by the Mayor, in support of his, her or its contention that the permit should not have been denied, suspended or revoked.
[Amended 4-28-1997 by L.L. No. 4-1997]
Limitation. No police alarm device shall be connected to or use any telephone line connected to police headquarters except those lines authorized by the licensing authority. The owner and licensee of any such police alarm device which is connected, either directly or indirectly, to the police headquarters by telephone line which has not been authorized for use for such purposes as aforesaid, on and after September 1, 1989, shall be in violation of this chapter and shall be subject to the penalty provision of § 51-7 herein.
Intentional false alarm. 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 § 51-7 herein.
False alarms; charges.
[Amended 5-23-1994 by L.L. No. 12-1994; 7-9-2018 by L.L. No. 2-2018]
Any owner or lessee of property having an alarm, fire alarm or police alarm device or system of alarm, fire alarm or police alarm devices on his, her or its premises shall pay to the Village a charge for each and every false alarm to which the Police Department or Fire Department responds in each fiscal year. The Village Board of Trustees shall establish and set the amounts of the charges by resolution which shall be set forth in the Master Fee Schedule, which may be amended from time to time.
Notice of each false alarm recorded against an alarm shall be given to the responsible alarm user. The charges shall be collected by the Police Department and shall be payable to the Village of Pleasantville. Failure to pay such charges shall subject such owner, lessee or user to the penalty provision of this chapter.
The Chief of Police or Building Inspector shall notify the responsible alarm user by prompt notice of a false alarm charge imposed. A copy of such notice shall also be sent, in the same manner, to each other person identified as a record owner of the premises at which the false alarm has occurred. Within 30 days after the mailing of such notice, the alarm user or a record owner may contest the false alarm charge by filing with the Chief of Police or Building Inspector information to show that a false alarm did not occur. If any defense to a false alarm charge is based on a claim that an alarm device activation was caused by a malfunction (such defense only being available for the first two proven malfunctions), such defense shall be supported by verification from the alarm service company in accordance with the definition of "malfunction" in § 51-2. The Chief of Police or Building Inspector shall consider all information submitted, shall afford each person contesting a charge an opportunity for a hearing if so requested and, after any such hearing has been held or waived, shall reaffirm, rescind, or modify the false alarm charge, notifying the alarm user and record owners of his or her decision. Within 20 days after the mailing of such notice, the alarm user or a record owner may file with the Alarm Appeals Board an appeal, in writing, but such an appeal may not be taken if the false alarm charge is not first contested with the Chief of Police as herein provided.
The owner or lessee of property having an alarm, fire alarm or police alarm device or system on his, her or its premises, which alarm, fire alarm or police alarm device system in any one fiscal year produces more than five false alarms, malfunctions, or combination thereof, shall be subject to revocation of his or her permit by the licensing authority upon notice and after opportunity for a hearing.
Installation and maintenance. The installation and maintenance of police alarm devices permitted by this chapter, including the connection to police headquarters, shall be made at no cost to the Village. The owner or lessee shall be responsible for the maintenance and service of his, her or its alarm and police alarm device equipment and shall be responsible for all malfunctions of his, her or its equipment.
Change of location. 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.
Removal of unlawful equipment. In addition to any other remedy provided by law, the Police Department, whenever it shall have knowledge of the use of a 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, may order the removal of the same from police headquarters, and it shall be unlawful to disobey such order.
Central alarm stations systems. The licensing authority is hereby authorized to prescribe the location and the manner of installation of private and regular business telephone lines into police headquarters 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.
Direct alarm systems. The licensing authority is hereby authorized to prescribe the location and the manner of installation of all cabinets, accessories, connections and equipment of an approved direct alarm system within police headquarters for the purpose of providing a direct alarm system where the visible and audible signals therefrom may be readily seen and heard by police personnel.
Exceptions. None of the provisions of this chapter shall apply to a police 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.
The Village Board of Trustees or five persons appointed by the Village Board of Trustees from the public at large shall comprise and serve as an Alarm Appeals Board having the powers and duties granted to it under this chapter. Appointed members of the Alarm Appeals Board shall serve for terms of two years and until their successors shall be duly appointed.
The Alarm Appeals Board shall consider appeals from determinations of the Chief of Police as herein provided. Upon receipt of a timely appeal taken, the Board shall notify the appellant and the Chief of Police of the date and time when a hearing will be held on the appeal, unless the appellant shall waive his or her right to a hearing, in which case the appeal shall be considered on the basis of submitted information. Such notice shall be given not less than 15 days in advance of the scheduled hearing. Notices to an appellant shall be given by certified mail, return receipt requested. The Board may adopt such rules and procedures for the prosecution of appeals and the conduct of hearings as shall be proper and appropriate.
On the basis of all evidence and information properly submitted or introduced, the Board shall either affirm the action of the Chief of Police if it finds such action to have been properly taken or it shall rescind or modify such action if it finds that it was not properly taken or that the interests of justice so require. Decisions of the Alarm Appeals Board shall be final.
Whenever it has been determined by the licensing authority that unlawful equipment must be removed from police headquarters, the owner shall have the right to appeal such determination and be heard before the Alarm Appeals Board. The Board shall hear and decide any appeal within 30 days after the written notice of appeal is filed with the Village Clerk.
Hearings of the Alarm Appeals Board shall be held not more often than once each month at a time and place determined by the Board.
[Amended 4-28-1997 by L.L. No. 4-1997]
Unless otherwise provided by the Penal Law, any person, firm or corporation who does not pay any charge or fee established in this chapter or who violates any provision in this chapter shall be subject to a fine of not more than $500 or imprisonment for not more than 15 days, or both, for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs, is committed or continues.