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Village of Saugerties, NY
Ulster County
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[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. 
The following definitions will apply to terms used in this article:
ALARM SYSTEM
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.
DIALER ALARM
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.
FALSE ALARM
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.
PERSON
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.
POLICE CHIEF
The Chief of the Police Department of the Village of Saugerties.[3]
POLICE or POLICE DEPARTMENT
The Police Department of the Village of Saugerties.[4]
VILLAGE
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.
(2) 
Upon the fifth false alarm in any one calendar year, the holder of the permit shall be assessed a fee of $25 by the Village Police Department.[1]
[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.
(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:
A. 
Alarm users.
(1) 
Operating or maintaining an alarm system without a permit: a fine of $250.
(2) 
Operating or maintaining an alarm system after a permit has been suspended or revoked: a fine of $250.
B. 
A violation of any other section of this article for which no penalty has been prescribed: a fine of not more than $100.
C. 
Each day that a violation continues shall constitute a separate offense.
[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.