[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo
Park at time of adoption of Code 2-21-1990 by L.L.
No. 1-1990; see Ch. 1, General Provisions, Art. I. Amendments noted
where applicable.]
The purpose of this chapter is to provide for the public safety and
welfare by setting forth regulations governing burglary and fire alarm systems
within the Village, requiring permits therefor, establishing fees and providing
for punishment of violators of provisions of this chapter.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
To engage in the supplying, installing, maintaining or servicing
of burglary or fire alarm systems.
The assembly of equipment, mechanical or electrical, or a device
which is designed or used for the detection of a fire or an unauthorized entry
into a building, structure or facility, which emits a sound or transmits a
signal or message to the Police Department or Fire Department, to which police
officers or firemen are expected to respond.
That person whose name appears on the registration form as the user
or, if there is no such registration, the owner of the premises to which the
Police Department or Fire Department is expected to respond.
A device, designed for the detection of a fire or an unauthorized
entry on premises, which generates an audible sound on the premises when it
is actuated.
The Police Department of the Village of Tuxedo Park and/or the Fire
Department servicing the Village.
An alarm signal necessitating response by the Police Department or
Fire Department where an emergency situation does not exist. Such term shall
not include alarms caused by hurricanes, tornadoes, earthquakes or other violent
conditions. "False alarms," as defined in this chapter, do not include those
alarms which are transmitted with criminal, malicious or mischievous intent.
No person shall install or operate an alarm system within the Village
until notification has been filed with the Department authorizing the installation
and operation of said alarm system. The notification shall include the name,
telephone number and address of the alarm user, who shall have access to the
alarm system in order to reset the system or disconnect the same when necessary.
A fee in an amount set by resolution of the Board of Trustees shall be paid
upon filing of the notification.[1] It shall be the responsibility of each permit holder to notify
the Department in writing within 10 days of any change in registration information.
[1]
Editor's Note: The current fee resolution is on file in the office
of the Village Clerk.
A.
No alarm system shall be installed until the plans and
specifications relating to said alarm system have been approved by the Chief
of the Department. The Chief of the Department shall have the right, at all
reasonable times, to inspect any alarm system within his jurisdiction.
B.
The location of the alarm components shall, when deemed
necessary by the Chief of the Department, be provided on a floor plan to be
kept at the site of the alarm system or in a location adjacent to the alarm
system panel.
A.
When an alarm system is activated, the Police Department
shall respond to the alarm and notify the person or Persons listed in the
registration form as having responsibility for securing said alarm system.
Said person shall immediately go to the place where the alarm is sounding
to meet the police officers, secure the building and reset the alarm.
B.
Should any person responsible for securing and resetting
any alarm system, when notified of its activation, refuse to respond pursuant
to this section, the officers on the scene shall check the property thoroughly
and secure the location as much as possible. The Police Department shall not
be required to make any further response to that building, dwelling or place
until such time as said alarm system has been properly reset.
C.
If any dwelling, building or place is required by law
to maintain an alarm system, as herein defined, and if said alarm system fails
to function and cannot be returned to service within a reasonable time and
if, in the opinion of the Chief of the Department, the absence of a properly
functioning alarm system may pose a threat to life and property, the Chief
of the Department may require the special duty assignment of one or more police
officers to patrol the premises until the alarm system has been returned to
service. The cost of any special duty assignment shall be the responsibility
of the alarm system owner.
A.
Unintentional false alarms.
(1)
The following fines and charges shall be imposed upon
the alarm system owner for activation of any alarm system by error, mistake
or malfunction, as the case may be, which results in a response by the Police
Department or Fire Department.
(a)
Up to three such false alarms may occur in any calendar
year without the imposition of a penalty.
(b)
The fourth such false alarm shall result in a fine of
$50, and every subsequent false alarm in excess of the above shall result
in a fine of $75 per false alarm. In addition, such person shall be responsible
for and shall bear the expense of responding to any such false alarm. Said
expense shall be determined by the Chief of the Department and billed to the
responsible party or parties; provided, however, that no such charges, exclusive
of any penalty imposed, shall exceed $100.
(2)
After the second false alarm, a registered written warning
shall be sent to the alarm system owner.
(3)
After the third such false alarm, a written order shall
be issued to the alarm system owner requiring that the alarm system be inspected
and the Department notified of corrective action taken.
B.
Intentional false alarms; penalties.
(1)
No person shall knowingly or intentionally activate any
alarm system when no emergency exists.
(2)
No person shall knowingly or intentionally test, repair,
adjust, alter or perform maintenance on an alarm system or cause the same
to be tested, repaired, adjusted, altered or maintained, if such action could
result in a false alarm, without first notifying the Department of such test,
repair, adjustment, alteration or maintenance and receiving approval for the
same. The Department shall be notified immediately upon completion of such
test, repair, adjustment, alteration or maintenance. The Chief of the Department
may restrict or refuse to permit testing, repair, adjustment, alteration or
maintenance of an alarm system if testing, repair, adjustment, alteration
or maintenance could result in a false alarm when during a time when the manpower
resources of the Department are limited.
(3)
Any person who violates Subsection A or B of this section shall be punished as provided in Chapter 1, General Provisions, § 1-12, and, where applicable, may additionally be subject to prosecution under the laws of the State of New York for falsely reporting an incident. In addition, such person shall be responsible for and shall bear the expense of responding to any such false alarm. Said expense shall be determined by the Chief of the Department and billed to the responsible party or parties; provided, however, that no such charge, exclusive of any penalty imposed, shall exceed $100 per response.
Any person receiving an order or notice of violation pursuant to the
provisions of this chapter may contest said order or notice at a hearing before
the Chief of the Department. All demands for a hearing must be made in writing
and delivered in person or by mail no later than 10 days following receipt
of the order or notice of violation. Any person requesting a hearing shall
be given written notice of the date, time and place of the hearing. Such hearing
shall be held no less than 15 days nor more than 30 days from the date of
the mailing of the notice, provided that the Chief of the Department shall
grant, upon good cause shown, any reasonable request by any interested party
for a postponement or continuance. The presence of the issuing officer shall
be required at the hearing if such person so requests. A person wishing to
contest an order or notice of violation shall appear at the hearing and shall
have the right to present evidence and cross-examine witnesses. A designated
Village official, other than the Chief of the Department, may present evidence
on behalf of the Village. The Chief of the Department shall conduct the hearing
in a manner that he or she deems fair and appropriate. The rules regarding
the admissibility of evidence shall not be strictly applied, but all testimony
shall be given under oath or affirmation. The Chief of the Department shall
announce his or her decision within five days of the completion of the hearing.
If any person fails to pay, within 30 days, any fine or charge imposed under § 29-6, it shall be the right of the Chief of the Department to remove the alarm from the dispatch panel or other communication console 15 days after notification by registered letter to the alarm system owner.
Unless required by law, no alarm system which produces an exterior audible
signal shall be installed unless its operation is automatically restricted
to a maximum of 15 minutes' automatic reset. Any exterior audible alarm
system in use as of the effective date of the chapter must comply with this
section within 120 days of such date.
The Department shall establish and monitor a special telephone line
for receipt of signals from automatic dialing devices. In addition to the
requirements imposed upon alarm system owners pursuant to the provisions of
this chapter, such automatic dialing device shall, within 90 days of the effective
date hereof, meet the following minimum standards:
A.
Messages terminated.
(1)
The contents of a recorded message to be transmitted
by such device shall be intelligible and in a format approved by the Chief
of the Department.
(2)
Upon a single stimulus of the alarm system, an automatic
dialing device may place two separate calls. No such call shall be longer
than 15 seconds in duration. There shall be at least three minutes but not
more than five minutes between completion of the first call and the initiation
of the second, and the second call must be clearly identified as a second
call.
B.
Transmission to alternate locations. All such automatic
dialing devices shall also transmit an emergency to at least one other location
where an authorized person is available to respond to the emergency message
and to secure the premises in which the alarm system is installed.
The provisions of this chapter are not applicable to audible alarms
affixed to automobiles.
Notwithstanding the provisions of this chapter, the Village, its departments,
officers, agents and employees shall be under no obligation whatsoever concerning
the adequacy, operation or maintenance of any alarm device or alarm monitoring
facilities. No liability whatsoever is assumed for the failure of such alarm
devices or monitoring facilities or for the failure to respond to alarms.
