[HISTORY: Adopted by the Town Board of the
Town of New Castle 11-28-1989 by L.L. No. 15-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Master Fee Schedule — See Ch. 17.
Building construction — See Ch. 46.
Electrical inspections — See Ch. 63.
Noise — See Ch. 90.
[1]
Editor’s Note: This local law also superseded former
Ch. 38, Alarm Systems, adopted 5-13-1986 by L.L. No. 5-1986.
A.
It is determined that an increasing number of alarm
devices are being installed and used in New Castle, that this has
contributed to a significant number of false alarms being made or
relayed to the Police and Fire Departments and that false alarms hinder
the efficiency of these departments, lower the morale of their personnel
and constitute a danger to the public safety and welfare.
B.
The purposes of this chapter are to regulate the use
and installation of alarm devices, promote their responsible use and
reduce the number of false alarms transmitted to the Police and Fire
Departments. Among other things, this chapter defines and provides
for the registration of alarm devices.
[Amended 10-27-1992 by L.L. No. 16-1992]
As used in this chapter, the following terms
shall have the meanings indicated:
A visible or audible signal, or a signal transmitted over
telephone lines or by other means, which is intended to give notice
of an incident to which the Police Department or Fire Department is
expected to respond. A telephone voice call or radio transmission
made by an individual available to be engaged in two-way communication,
and not in response to an alarm device, is not an alarm within the
meaning of this chapter.
The individual designated pursuant to this chapter who is
charged with responsibility for the administration of this chapter.
An individual employee or agent of an alarm contractor.
The board having responsibility for hearing administrative
appeals from determinations of the Alarm Administrator.[1]
A person owning or operating a business engaged in one or
more alarm business activities.
A device, series or combination of devices or system of devices
which transmits an alarm when activated by a criminal act, unauthorized
intrusion, fire or other emergency. Excluded from this definition
and the scope of this chapter are single-unit, battery-operated smoke
alarms and other devices which are designed to alert or signal only
persons in the premises where they are installed.
A facility designated in this chapter or by the New Castle
Town Board as being authorized to receive transmissions and communications
that give notice of or relate to the activation of alarm devices,
including communications from central stations. Police headquarters
is hereby designated as an alarm-monitoring facility.
Includes each person owning, leasing or otherwise having
control over the premises where an alarm device is used or installed.
A telephone device or attachment that automatically or electronically
selects a telephone line to Police or Fire Headquarters, or to a facility
maintained by or under the control of the Town of New Castle, and
reproduces a recorded message to report an incident calling for a
response from the Police Department or Fire Department. Excluded from
this definition are alarm devices which relay a digital coded signal.
A facility to which signals from remote alarm devices are
transmitted for verification, monitoring, recording or evaluation,
and from which information concerning the activation of an alarm device
is relayed or reported, when deemed appropriate, to the Police Department
or Fire Department, or to a designated alarm monitoring facility.
An office or facility of the Town of New Castle shall not be deemed
a central station.
Services customarily provided to users or owners of alarm
devices by central stations.
Any activation of an alarm device registered or required
to be registered pursuant to this chapter to which the Police Department
or Fire Department responds which is not caused by a criminal act,
unauthorized intrusion, fire or other emergency, except that an activation
caused by a malfunction of telephone equipment under the control of
a telephone company or by a public utility system power failure shall
not be deemed a false alarm.
A false alarm to which the Police Department (but not the
Fire Department) responds.
A false alarm to which the Fire Department responds.
The Chappaqua Fire Department, the Millwood Fire District
(sometimes referred to as the "Millwood Fire Company") and any other
fire company, fire district or fire department, whether municipal
or volunteer, regularly serving premises within the Town of New Castle.
A fire house, office or other facility used by a fire-fighting
unit or organization as its principal facility.
The New Castle Police Department.
The principal office and facility used by the Police Department.
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity.
When used with reference to an identifiable registered alarm
device, the person to whom a registration permit has been issued for
such device; and when used with reference to any other alarm device,
the owner of the premises at which the alarm device is installed or
located.
The Supervisor of the Town of New Castle.
The Town of New Castle.
The Town Board of New Castle.
[1]
Editor's Note: The definition of "alarm business
activities," which immediately followed this definition, was repealed
10-27-1992 by L.L. No. 16-1992.
[Amended 10-27-1992 by L.L. No. 16-1992]
A.
No person owning, leasing or occupying premises located
in New Castle shall install, use or operate an alarm device or permit
the installation or operation of an alarm device at or upon such premises
unless:
B.
No person owning, using or operating an alarm device
at premises within or outside of the Town of New Castle shall cause
or suffer such device to be actively connected to an alarm-monitoring
facility, including Police Headquarters, unless such device is registered
with the alarm administrator in accordance with the provisions of
this chapter and an alarm device registration permit issued pursuant
to this chapter is in effect for such device. For purposes of this
chapter, an alarm device shall be deemed to be actively connected
to an alarm-monitoring facility if the Police Department, Chappaqua
Fire Company or Millwood Fire Company is expected to respond to an
activation of the device as a result of a signal, information or notice
transmitted or communicated to an alarm-monitoring facility from the
device or from a central station or other intermediary acting pursuant
to arrangements made by the owner or user of the device.
C.
No person shall modify or relocate an alarm device
registered pursuant to this section unless the alarm device registration
permit issued for the device is first amended.
D.
On proper application of an alarm user, the alarm
administrator is authorized to register an alarm device or issue or
amend an alarm device registration permit in accordance with the provisions
of this chapter.
A.
To apply for the registration or renewal of an alarm
device, or for amendment of an alarm device registration permit, an
alarm user or owner shall:
[Amended 5-11-2010 by L.L. No. 3-2010]
(1)
Pay the fee as set forth by resolution of the Town
Board in the Master Fee Schedule, which may be amended.
[Amended 9-10-2002 by L.L. No. 8-2002]
(2)
File with the alarm administrator a completed application statement in the form prescribed and provided by the administrator, containing such information as the administrator may require in accordance with § 38-4E.
(3)
Where the application is for amendment of a permit,
submit to the administrator the permit sought to be amended.
B.
Within 20 days following receipt of a properly completed
application under this section, the alarm administrator shall issue
to the applicant an alarm device registration permit for the alarm
device described in the application statement, or amend a permit as
requested, unless the administrator determines that the application
should be denied in its entirety or in particular respects because
either the applicant has failed to comply with applicable registration
requirements established by or pursuant to this chapter or, under
the provisions of this chapter, the applicant is not entitled to the
permit or official action requested. If the alarm administrator determines
not to issue or amend a permit or take particular action requested,
he shall give prompt written notice of such determination to the applicant,
indicating in such notice the basis for the determination made. Notices
hereunder shall be given by certified mail, return receipt requested.
C.
An alarm device registration permit issued under this
section shall remain in effect until June 1 of the next year following
the date on which it was issued or until surrendered or until suspended
or revoked in accordance with the provisions of this chapter. An alarm
device registration permit renewed under this section shall remain
in effect until June 1 of the next year following the earlier of the
last date on which it remained in effect or the last date on which
it was scheduled to remain in effect or until surrendered or until
suspended or revoked in accordance with the provisions of this chapter.
An alarm device registration permit amended under this section shall
remain in effect for the period for which it was originally issued.
[Amended 5-11-2010 by L.L. No. 3-2010; 1-22-2013 by L.L. No. 2-2013]
D.
The alarm administrator shall maintain records of
all applications made and permits issued and amended under this section
and of reported false alarms and activations of registered alarm devices.
Such records shall be kept in a format which will permit the administrator
to determine the number of false alarms, if any, which have been caused
by and charged against a registered alarm device.
E.
In furtherance of the purposes of this chapter, the
alarm administrator is authorized to prescribe the form or forms to
be filed and the information to be furnished in connection with an
application for registration made under this section. Each applicant
for an alarm device registration permit shall be required to furnish
registration information concerning the type of device for which application
is made (fire, burglar, medical emergency, etc.), the identity of
the applicant and of the owner or lessee of the device, the identity
of the premises and of the owner of the premises where the device
is to be installed, the identity of the supplier and installer of
the alarm device and of persons contracting to service, maintain or
repair the device, the identity of any central station or other intermediary
which will receive signals from the device in the event of its activation,
and the identity of a responsible person, in addition to the applicant,
who may be contacted in the event of an activation of the device.
F.
Each recipient of an alarm device registration permit
shall promptly submit an application for an amendment to the existing
permit to the alarm administrator, where there have been any material
changes in submitted registration information, including any change
in the identity of the person or persons owning, leasing or otherwise
having control over the premises where an alarm device is used or
installed, in order that such information may be kept current. If
a registered alarm device is removed from use other than on a temporary
basis, the permit issued for such device shall be surrendered to the
alarm administrator within 30 days following such removal.
[Amended 5-11-2010 by L.L. No. 3-2010]
[1]
Editor's Note: Former § 38-5, Registration
of control stations, was repealed 9-10-2002 by L.L. No. 8-2002.
B.
Upon receipt of a properly completed application,
the alarm administrator shall issue to the central station an acknowledgment
of proper registration.
C.
The alarm administrator shall maintain records of
all applications made under this section, and shall prepare and maintain
on a current basis a roll of central stations registered under this
chapter.
D.
In furtherance of the purposes of this chapter, the
alarm administrator is authorized to prescribe the form or forms to
be filed and the information to be furnished in connection with an
application for registration made under this section, including information
concerning the location of the central station, the form of business
under which it operates, its ownership, facilities, staffing, equipment,
operating procedures and customers served in New Castle.
E.
Each registered central station promptly shall notify
the alarm administrator, in writing, of all material changes in submitted
registration information, but such notification need not be given
more frequently than once a month.
F.
The alarm administrator shall keep records on an annual
basis of the numbers of alarm devices registered for each central
station and of the numbers of false alarms caused or charged against
registered alarm devices for each central station, and this information
shall be available on request to the general public.
[Amended 10-27-1992 by L.L. No. 16-1992]
It shall be unlawful for an alarm contractor
or alarm agent to transact or engage in alarm business activities
within New Castle unless such contractor is licensed as an alarm business
by the State of New York pursuant to the General Business Law, Article
6-D, as amended from time to time.
No person shall install or register an automatic-dial
alarm on or after the effective date of this chapter. No automatic-dial
alarm shall be used or operated after March 31, 1990. Notwithstanding
the prohibitions contained in this section, an automatic-dial alarm
installed and in use prior to the effective date of this chapter pursuant
to a permit issued under former § 38-3 of the New Castle
Code, may continue to be used and operated beyond March 31, 1990,
pursuant to an alarm device registration permit issued under this
chapter, until such time as either the activation of such device results
in a false alarm or until the alarm device registration permit for
such device is transferred to a new property owner.
A.
After the effective date of this chapter, the alarm administrator will not register or permit the registration of an alarm device which transmits a digitally coded signal or other alarm directly to Police Headquarters or any other designated alarm-monitoring facility or to any equipment or facility otherwise maintained by or under the control of the Town of New Castle unless the alarm user has received special authorization in accordance with Subsection B of this section.
B.
A governmental agency or entity or a not-for-profit
institution may be granted authority by the alarm administrator to
have a direct line to Police Headquarters or another designated alarm
monitoring facility provided that:
(1)
The connection is by a high-grade, dedicated line
meeting specifications that may be established by the Town Board in
consultation with the administrator and departments concerned.
(2)
The alarm user supplies all equipment necessary for
such connection, including any equipment required at the monitoring
facility to receive and monitor such transmissions, and such equipment
meets all specifications that may be established by the Town Board
in consultation with the administrator and departments concerned.
(3)
The Police Department or Fire Department determines
that the level of risk and exposure or other factors justify a direct
line connection.
(4)
The administrator determines that the facilities and
resources available to the Town are suitable and adequate for such
direct connection and that such connection will not unduly burden
the functioning of the town's alarm-monitoring facility.
Unless otherwise expressly permitted or required
by law, the alarm administrator will not register or permit the registration
of an alarm device for installation within the Town of New Castle
if such device produces an exterior audible signal and is not designed
to limit each activation of such signal to a maximum period of 15
minutes.
It shall be a violation of this chapter to intentionally cause a false alarm, and any person who does so shall be subject to the penalty provisions of § 38-20.
A.
The Police Department or Fire Department shall investigate and report to the administrator all false alarms to which they respond. Each false alarm with respect to which a charge is imposed pursuant to § 38-13 shall be supported by a written report of an investigating officer, which report shall be furnished to the administrator and made available to the alarm user against whom the charge is made.
B.
A central station that reports the activation of an
alarm device to which the Police Department or Fire Department is
expected to respond shall use its best efforts to promptly notify
the owner or user of such device, or his authorized representative,
of the activation of the device.
C.
The administrator, based on reports received from
the Police Department and Fire Department, shall compile information
concerning alarm devices, contractors, central stations and sources
of false alarms for the purpose of evaluating the relative reliability
of devices of different type, source and manufacture and the performance
of registered contractors and central stations.
A.
When the administrator determines that the Police
Department or Fire Department has responded to a false alarm as a
result of the activation or reported activation of an alarm device,
the administrator shall impose a charge on the responsible alarm user
in accordance with the schedule for false burglar alarms and false
fire alarms as set forth by resolution of the Town Board in the Master
Fee Schedule, which may be amended:
[Amended 9-10-2002 by L.L. No. 8-2002]
|
False Burglar Alarms
|
Charge
| |
|---|---|---|
|
First false burglar alarm
|
No charge
| |
|
Second false burglar alarm
|
See Master Fee Schedule
| |
|
Third false burglar alarm
|
See Master Fee Schedule
| |
|
Fourth false burglar alarm
|
See Master Fee Schedule
| |
|
Fifth and each subsequent false burglar alarm
|
See Master Fee Schedule
|
|
False Fire Alarms
|
Charge
| |
|---|---|---|
|
First false fire alarm
|
See Master Fee Schedule
| |
|
Second false fire alarm
|
See Master Fee Schedule
| |
|
Third false fire alarm
|
See Master Fee Schedule
| |
|
Fourth false fire alarm
|
See Master Fee Schedule
| |
|
Fifth and each subsequent false fire alarm
|
See Master Fee Schedule
|
|
The charge imposed shall be computed on the
basis of the number of false alarms of the same category (fire false
alarm or burglar false alarm) recorded in the same calendar year against
the alarm device generating the false alarm; or if a specific registered
alarm device cannot be identified as the cause of the false alarm,
then the charge shall be imposed on the basis of the number of recorded
false alarms of the same category occurring in that year at the same
premises. However, in determining the amount of the charge to be imposed
under this section, the administrator shall not consider or take into
account any false alarm occurring prior to the effective date of this
section. Notice of each false alarm recorded against an alarm device
or premises shall be given to the responsible alarm user.
|
B.
Except as otherwise herein provided, all false alarms
occurring after the effective date of this section, whether caused
intentionally or not and whether due to a malfunction of an alarm
device or not, shall be subject to the imposition of charges pursuant
to this section.
C.
The administrator shall notify the responsible alarm
user by prompt written notice of a false alarm charge imposed. If
the false alarm occurs at a premises within the Town of New Castle,
a copy of such notice also shall 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 administrator information to show
that a false alarm did not occur or that the charge imposed was incorrectly
computed and should be modified. If any defense to a false alarm charge
shall be based on a claim that an alarm device activation was caused
by a malfunction of telephone equipment under the control of a telephone
company or by public utility system power failure, such defense shall
be supported by verification from the telephone company, or if by
a public utility system power failure, such defense shall be supported
by verification from the telephone company or electric utility company
involved or by other probative evidence. The administrator 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 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 administrator as herein provided.
[Amended 2-13-1990 by L.L. No. 12-1990]
D.
Any failure of a responsible alarm user to pay a false alarm charge imposed under and in accordance with this section within 30 days after such charge is no longer subject to administrative appeal to or review or decision by the Alarm Appeals Board, shall constitute an offense against and violation of this chapter and shall subject a violator to the penalties described in § 38-20, without affecting the obligation of such person to pay the false alarm charge imposed.
E.
All charges imposed under this section shall be paid
to the Town of New Castle and deposited to the general funds of the
town.
F.
All charges imposed in respect of a false alarm under
this section which remain unpaid 60 days after the date that such
imposition is no longer subject to administrative appeal to or review
or decision by the Alarm Appeals Board shall become, to the extent
permitted by law, a lien upon the property from which the false alarm
originated if such property lies within the Town of New Castle, and
may be collected in such manner and by such lawful means as may be
authorized by rule or regulation duly adopted under this chapter.
A.
If activations of an alarm device result in three
false alarms (of any category or combination of categories) within
a single calendar year, the administrator shall give notice thereof
to the responsible alarm user. Such notice shall indicate that an
alarm device registration permit may be suspended or revoked pursuant
to the provisions of this chapter if activation of the alarm device
for which it is issued results in five or more false alarms (of any
category or combination of categories) within a single calendar year.
The notice shall request that the device be inspected and tested by
a qualified contractor and adjusted or repaired if necessary, and
that the alarm user submit a contractor's certificate evidencing that
the alarm device has been inspected subsequent to the administrator's
request and that it is in proper working order and condition.
B.
Activations of any alarm device which result in five
or more false alarms (of any category or combination of categories)
within a single calendar year shall be grounds for the suspension
or revocation of the alarm device registration permit issued for such
device.
Information obtained by the administrator under
this chapter relating to particular alarm users and alarm devices
shall not be divulged without the written consent of the alarm user
concerned, except as necessary or appropriate to the enforcement or
administration of this chapter or to assist the Police Department
or Fire Department in responding to an alarm.
A.
Except as otherwise provided herein, notices required
or permitted to be given pursuant to the provisions of this chapter
shall be in writing and may be given and delivered by first class
mail. Notices shall be deemed given when properly deposited with the
United States Postal Service or when delivered personally.
B.
Each notice of a false alarm charge, the affirmation
or modification of such charge, the suspension or revocation of any
permit, the denial, in whole or in part, of any application or the
imposition of any penalty shall refer to and provide instructions
concerning any right of the recipient to further administrative recourse
or appeal under the provisions of this chapter.
A.
The installation, maintenance and use of alarm devices
shall be the responsibility of alarm users. Each alarm user of an
alarm device shall be deemed to hold and save harmless the Fire Department
and its members, officers, agents and employees and the Town of New
Castle and its officers, agents and employees from any liability or
claim whatsoever arising with respect to such device.
B.
The installation and connection of alarm devices and
related equipment to facilities maintained by or under the control
of the Town of New Castle, and the maintenance, modification, relocation
or removal of such devices and equipment, shall be made at no cost
to the town. The Town shall not be responsible for any expense incurred
by an alarm user, alarm contractor, alarm agent or central station
as a result of a change in the location or designation of an alarm-monitoring
facility.
C.
Notwithstanding the provisions of this chapter or
the, granting of any permit or authorization or the registration of
any device or person under this chapter, the Fire Department and its
members, officers, agents and employees and the Town of New Castle
and its officers, agents and employees assume no obligation or liability
whatsoever with respect to any alarm device, alarm-monitoring facility,
alarm contractor, alarm agent, central station, alarm user or the
agents or employees of any of them. Without limiting the foregoing,
the Fire Department and its members, officers, agents and employees
and the Town of New Castle and its officers, agents and employees
shall not be liable for any failure or malfunction of an alarm device
or alarm monitoring facility or for any act or omission of any alarm
user, alarm agent, alarm contractor or central station.
It shall be an offense against and violation
of this chapter for any person to make a false statement or submit
false or misleading information in connection with any application
made under this chapter or with respect to the updating of submitted
registration information or in connection with any proceeding commenced
under this chapter.
A.
For a violation of any of the provisions of this chapter
or any of the rules, regulations or orders promulgated under this
chapter, and as otherwise provided in this chapter, the administrator
may deny an application for registration or for a permit or may decline
to issue, amend or renew a permit or may suspend or revoke a permit
or registration which has been issued or granted.
B.
No permit or registration shall be suspended or revoked
except upon written notice to the registrant or permittee who shall
be accorded an opportunity to be heard and to contest such suspension
or revocation.
C.
Any permit issued under this chapter shall be surrendered
to the administrator upon suspension or revocation, and failure to
do so in a timely manner shall constitute a violation of this chapter.
D.
No part of any fee payable in connection with an application
made under this chapter shall be refundable by reason of the denial
of such application or because of the suspension or revocation of
a permit or registration.
Any person who violates any provision of this
chapter shall be subject to a fine in an amount not exceeding $500
for each offense. Each day that a violation continues shall constitute
a separate offense, except when the violation is founded on a failure
to pay a fee, charge or other sum of money.
[Amended 10-27-1992 by L.L. No. 16-1992[1] ; 9-10-2002 by L.L. No. 8-2002; 5-11-2010 by L.L. No. 3-2010; 1-22-2013 by L.L. No. 2-2013]
A fee shall be charged and collected for each
application for a permit, for an amendment to a permit, and for a
renewal of a permit made under this chapter in an amount as set forth
by resolution of the Town Board in the Master Fee Schedule, which
may be amended, and which shall specify a fee for the application
of an alarmed device, registration permit or for the amendment thereof.
A.
This chapter shall be administered by an alarm administrator
who shall have the powers and duties accorded to the administrator
under this chapter, including the authority to promulgate rules and
regulations as herein provided.
B.
The Chief of the Police Department shall serve as
the alarm administrator.
C.
The Town Board may adopt such rules, regulations and
standards necessary or appropriate to effectuate the purposes and
promote the effective administration of this chapter.
D.
The administrator by regulation, or in particular
cases for good cause shown, may enlarge the periods prescribed herein
for compliance or appeal.
E.
The administrator may order the disconnection of any
alarm device or other equipment used, installed, connected or operated
in violation of the provisions of this chapter or any regulations
or orders promulgated hereunder. It shall be an offense against and
violation of this chapter for any person to knowingly disobey any
such order lawfully given.
A.
The Town Board or five persons appointed by the Town
Board 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 a term of two years and until their successors shall be duly appointed.
B.
The Alarm Appeals Board shall consider appeals from
determinations of the alarm administrator as herein provided. Upon
receipt of a timely appeal taken, the Board shall notify the appellant
and the administrator of the date and time when a hearing will be
held on the appeal, unless the appellant shall waive his 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 conduct of hearings as shall be proper and appropriate.
C.
On the basis of all evidence and information properly
submitted or introduced, the Board shall either affirm the action
of the administrator 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.
D.
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.
