[HISTORY: Adopted by the Board of Trustees
of the Village of Saugerties as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-19-1986 by L.L. No. 1-1986]
This article shall be known and may be cited
as the "Alarm System Law."
The Village of Saugerties Police Department
has recorded an extraordinary number of false burglar alarms emanating
from automated devices.[1] These signals require that police and other
emergency services respond to the false alarm, exposing them to unnecessary
hazards and risks, wasting taxpayer funds and depriving other citizens,
who may need emergency service, of those services. This article is
intended to remedy the waste by regulating alarm systems and reducing
the number of false alarms.
[1]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
A.
ALARM SYSTEM
DIALER ALARM
FALSE ALARM
PERSON
POLICE CHIEF
POLICE or POLICE DEPARTMENT
VILLAGE
The following definitions will apply to terms used
in this article:
Any device which, when activated, transmits, directly or
indirectly, a signal to police headquarters or to a private central
alarm station or produces any audible or visual or telephone signal
to which the Police Department[1] is expected to respond.
A telephone interfaced device that automatically connects
to police headquarters and transmits any signal or impulse indicating
that an alarm system has been activated or an emergency condition
exists within the Village of Saugerties.
The activation of the alarm system necessitating response
by the Village Police Department[2] where an emergency does not exist because, but not intended
to be inclusive, of mechanical failure, malfunction, improper installation
or negligence by a person. False alarms do not include alarms caused
by hurricanes, tornadoes or other violent weather conditions, public
utility malfunctions or other outside interference beyond the control
of the owner.
A natural person, firm, partnership, association or corporation
or representative or agent of said entities who is the owner or lessee
of an alarm system.
The Chief of the Police Department of the Village of Saugerties.[3]
The Police Department of the Village of Saugerties.[4]
The Village of Saugerties.
[1]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
[2]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
[3]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
[4]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
B.
Word usage. When not inconsistent with the context,
words used in the plural number indicate the singular number and words
in the singular number shall indicate the plural number. Further,
a masculine pronoun shall include the feminine. The word "shall" is
always mandatory and not merely directory.
A.
No person shall operate or maintain an alarm system
without first obtaining a permit as required by this chapter.
B.
Excluded from the provisions of this chapter is any
alarm system installed in or on a motor vehicle and any device designed
to alert the occupants of a building of an emergency condition therein
and which does not produce any audible or visual external signal or
internal signal perceptible from outside the building in question.
A.
An application for a permit to maintain or operate
an alarm system shall be filed with the Chief of the Police Department[1] on forms supplied by the Village, together with an application
fee as set from time to time by resolution of the Board of Trustees.
Said application shall set forth the following:
(1)
Name, address and telephone number of both the installer
of the system and the person or business on whose premises the system
will be installed;
(2)
The location where it is proposed to be installed;
(3)
The type of emergency the alarm system is designed
to detect;
(4)
The name, address and telephone number of at least
two persons who can be notified and available to come to the premises
on a twenty-four-hour daily basis if and when the Village Police Department[2] receives a signal, message or warning from said alarm
system.
[2]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
(5)
A person shall also agree on said application that
if the persons to be notified and available either refuse to come
to the premises upon the request of the Village Police Department[3] or cannot be reached within a reasonable amount of time
by telephone when it receives a signal, message or warning from said
system, the Village Police Department may, without any liability for
any charges as a result of disconnection or any liability as a result
for not responding to alarms, do either of the following: disconnect
the system itself, if possible; or contact the installer to disconnect
the system.
[3]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
[1]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
B.
The Chief of the Police Department shall approve such
application if he finds that:
(1)
The use of the alarm system to transmit a signal,
message or warning to the Village Police Department[4] will not interfere with the orderly conduct of Village
business.
[4]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
(2)
The person installing the system maintains an adequate
service organization to repair, maintain or otherwise service alarm
systems sold or leased by him.
(3)
The alarm system meets the following minimum requirements:
(a)
The alarm system shall contain an automatic
audible signal cut-off device so that the maximum time any alarm shall
cause an externally audible signal to be emanated does not exceed
30 minutes per activation.
(b)
The alarm system shall be equipped with a standby
power source sufficient to maintain the system in a state of readiness
for at least six hours in the event of a power failure.
(c)
Automatic dialer devices, upon a single stimulus,
shall not exceed two separate calls to the Police Department, and
no such call shall exceed one minute in duration. There must be at
least a two-minute interval between calls, with the second call clearly
identified as such.
(d)
The contents of any recorded message to be transmitted
to the Police Department must be intelligible and in a format approved
by the Chief of Police as appropriate for the type of emergency being
reported.
(e)
Automatic dialer devices shall be connected
to the Police Department only via telephone numbers designated by
the Chief of Police for this purpose.
C.
The Police Chief may impose reasonable conditions
on the exercise of said permit.
A.
Penalties.
(1)
Upon the third false alarm, in any one calendar year,
the holder of the permit shall be sent a written notice, by ordinary
mail through the United States Postal Service from the Police Chief,
of fees payable upon all subsequent false alarms, of potential demand
for disconnection and of potential nonresponse by the Police Department
to alarms.
(3)
Upon the sixth false alarm in any one calendar year,
the holder of the permit shall be assessed a fee of $50 by the Village
Police Department.
(4)
Upon the seventh false alarm in any one calendar year,
the holder of the permit shall be assessed a fee of $75 by the Village
Police Department.
(5)
Upon the eighth false alarm in any one calendar year,
the holder of the permit shall be assessed a fee of $100 by the Village
Police Department.
(6)
Upon the ninth false alarm in any one calendar year,
the holder of the permit shall be assessed a fee of $125 by the Village
Police Department.
(7)
Upon the 10th false alarm in any one calendar year,
the holder of the permit shall be assessed a fee of $150 by the Village
Police Department.
(8)
Upon the 11th false alarm in any one calendar year,
the holder of the permit shall be assessed a fee of $175 by the Village
Police Department.
(9)
Upon each subsequent false alarm in any one calendar
year, the holder of the permit shall be assessed a fee of $200 by
the Village Police Department.
(10)
After the 13th false alarm in any one calendar year,
the Police Chief is authorized, but not required, to revoke the permit
and demand that the person disconnect the alarm system until the conditions
causing such false alarms have been repaired, corrected, or otherwise
eliminated.
B.
The failure to pay any assessment within 15 days after
assessment by the Village Police Department[2] shall result in the immediate disconnection of the alarm
system and revocation of the permit.
[2]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
C.
The Police Chief shall have the authority to disregard
a false alarm or alarms from the annual total for good cause shown.
The Police Chief shall maintain records concerning the reasons any
such alarm was disregarded.
D.
Religious organizations are exempt from the assessment
of these penalties.
[Added 7-7-1993 by L.L. No. 2-1993]
All persons operating or maintaining an alarm system may continue to do so without a permit for a period of 90 days after the effective date of this article. Upon the expiration of this period, said persons shall be in violation of this article and subject to disconnection and other penalties under this article. If a person operating or maintaining an alarm system on or before the effective date of this article applies for a permit pursuant to § 59-5 within 90 days of the effective date and the Village Police Department,[1] prior to the effective date, has on file the required information pursuant to § 59-5 then there shall be no application fee due. If a person operating or maintaining an alarm system on or before the effective date applies for a permit after 90 days from the effective date, he or she shall be subject to the application fee.
[1]
Editor's Note: The Village Police Department was abolished
1-19-2010 by L.L. No. 1-2010. Its duties have been assumed by the
Town Police Department.
A cancellation code will be available through
the Police Department for every alarm user permit. The code will allow
the alarm user the ability to abort any alarm activation. Alarm signals
that are promptly and properly aborted by code will not be charged
against the alarm user permit as a false alarm.
In addition to the suspension or revocation
of a license or permit, a violation of this article may subject the
violator to the following fines and penalties:
[Adopted 1-2-1997 by L.L. No. 2-1997]
In each unit (apartment) of any multiple dwelling
that has four or more dwelling units and uses a fossil fuel heating
system/fossil fuel-burning appliances or has an attached garage, there
must be present a carbon monoxide alarm installed and maintained according
to the manufacturers' specifications, unless expressly exempt from
this provision by the Building Inspector.
Failure to comply with the provisions of this
article will be punishable by a minimum fine of $100 per violation
and/or immediate vacature of the premises. Each day the violation
exists will be a separate violation.
Appeal of the decision of the Building inspector
may be made to the Village Board. Appeals will be initiated by filing
notice thereof with the Village Clerk within 30 days of the determination
of the Building Inspector. The Village Board will hear and decide
the matter within 30 days after the filing of the appeal. A notice
will be made in writing to the property owner and the Building Inspector
as to the Village Board's decision.
The grounds for appeal include the following:
A.
Installation as determined by the Building Department
is unnecessary, in light of viable alternatives which meet the intended
objective of this article.
B.
Undue economic hardship or burden.
C.
Physical or legal impossibility.
D.
Impediment to the intended objective of this article.
E.
Restriction from the achievement of a valid state
or federal policy.
Enforcement of this article shall take effect
90 days after approval by New York State.