[HISTORY: Adopted by the Town Board of the Town of Haverstraw 8-25-1997
by L.L. No. 13-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 31.
Fire prevention and building construction — See Ch. 84.
[1]
Editor's Note: Former Ch. 48, Alarms, adopted 5-27-1997 by L.L.
No. 7-1997, was superseded 8-25-1997 by L.L. No. 13-1997.
This chapter shall be known as the "Burglar Alarm Device Control Law."
The frequency of false burglar alarms emanating from automated devices
has caused unnecessary police department responses where no actual police
emergency exists, with the result that police personnel have been exposed
to avoidable hazards and risks, taxpayer funds have been wasted and persons
in need of police and other emergency services may experience delays in receiving
the same. This chapter intended to remedy this waste by seeking to suppress
the number of automated false alarms generated in nonresidential properties
in the unincorporated Town of Haverstraw without unreasonably interfering
with the use of such alarm devices when they fulfill the purpose for which
they are intended.
For the purposes of this chapter, the following definitions shall apply:
Any device which, when activated, is intended to transmit a signal
directly or indirectly to request police services to respond on an emergency
basis. Such devices include any device which emits an audible signal at or
near the exterior of the protected premises, or which transmits a request
for police services to a private or government-operated central alarm station
for the purpose of relaying a request for such services or which transmits
a request for emergency services directly to a police agency. This definition
does not include any alarm device installed in any motor vehicle.
Any business or commercial entity upon whose premises an alarm device
is installed within the Town of Haverstraw.
The Chief of Police of the Town of Haverstraw.
The activation of an alarm device which results in the response by
police personnel to any place within the Town of Haverstraw where no police
emergency services are required, as determined by such personnel after investigation.
A false alarm shall not include alarm signals which result from hurricane,
gale, tornado or other violent weather condition, earthquake or any major
disruption of electric, telephone or other public utility transmission.
The Police Commission of the Town of Haverstraw.
The Town of Haverstraw Police Department.
The Town Board of the Town of Haverstraw.
That portion of the Town of Haverstraw which is in the unincorporated
area.
A.
All persons who desire to become an alarm user in the
Town of Haverstraw shall obtain an alarm user permit from the Building Department.
All persons who have an alarm already in use on the effective date of this
chapter must obtain a permit from the Building Department. Applications for
such permit shall be made on forms prescribed by the Building Department and
shall provide the following information:
(1)
The name, address and telephone number of the intended
alarm user.
(2)
The location of the alarm device.
(3)
A description of the type of alarm device to be installed.
(4)
The address to which notices required under this chapter
shall be sent.
(5)
The name, address and telephone number of two persons
that may be contacted at any time of the day or night, and who are authorized
by the alarm user to enter the premises.
(6)
Such other information as may be reasonably required
by the Building Inspector and Chief of Police.
B.
All information provided by a permit applicant shall
be treated as confidential, shall not be deemed a public record and shall
not be used for any purpose other than to carry out the provisions of this
chapter or to provide emergency services to alarm users.
C.
A copy of the permit shall also be kept on file with
the Town of Haverstraw Police Department.
The fee for the issuance of an alarm user permit shall be $10. Such
permits must be renewed on a yearly basis.
Any alarm user who shall install or have installed an alarm device in
the Town of Haverstraw without a permit or has an alarm already in use on
the effective date of this chapter but does not have a permit shall be guilty
of a violation punishable upon conviction by a fine of not less than $100,
nor more than $500.
Alarm user permits shall not be transferable. A copy shall be kept on
file in the alarm user's premises and shall be made available for inspection
upon demand by any Building Department or Police Department personnel. All
permits shall be deemed terminated upon the sale or transfer of possession
of the affected premises to a new owner or occupant.
Wherever a responding police official shall determine that a false alarm
has been transmitted, a written report shall be submitted by such officer
to the Police Chief stating the name, address, telephone number and permit
number, if any, of the alarm user, together with a statement of the circumstances
surrounding such alarm and the officer's opinion as to the likely cause.
A copy of the report shall be forwarded to the Building Department.
A.
All local alarm systems shall become deactivated and
silenced automatically after a period of time not to exceed 15 minutes.
B.
Police and/or fire officials may disable an audible alarm
signal that has not been silenced prior to the expiration of the fifteen-minute
period and shall not be liable for any damage that may result.
No alarm user permit shall be issued unless the following requirements
are met:
A.
The premises shall display a building number or name
sufficiently sized or illuminated by street or other lighting so as to be
clearly visible from the street frontage.
B.
All alarm devices shall be equipped with a standby power
source sufficient to maintain the device in an armed state for at least six
hours in the event of a power failure.
A.
Any alarm user who shall be determined by police personnel
to have issued more than one false alarm in any one twelve-month period shall
be liable for a civil penalty of $100 for the second false alarm and $250
for the third false alarm. Any additional false alarm in such twelve-month
period shall subject the user to a civil penalty of $500 for each such subsequent
false alarm.
B.
The Chief of Police or his designee shall maintain records
of all false alarms reported pursuant to this chapter. A warning letter may
be sent at the discretion of the Chief of Police to any alarm user who shall
have permitted up to two false alarms in any twelve-month period. When a subsequent
false alarm is transmitted during a twelve-month period, the Chief of Police
shall assess the civil penalty as provided herein and give notice of the same
to the alarm user by certified mail, return-receipt addressed to the address
provided on the permit application or any amendment thereto. Such notice shall
contain information as to the right of review of such determination. The civil
penalty must be paid within 15 days from the date assessed or, in the alternative,
the alarm user must file a written request with the Police Chief for review
of the civil penalty before the False Alarm Review Board. Payment of the amount
assessed shall be stayed pending such hearing. If no hearing is requested,
such civil penalty shall be final and shall become a lien against the property
if not paid within 45 days from the date when assessed. All civil penalties
which become liens against the property shall be collected by special assessment
levy against the affected tax parcel on the next town tax bill.
The Building Inspector shall revoke any alarm user permit when six false
alarms have been transmitted during any twelve-month period. Such permit shall
not be renewed or reissued unless sufficient changes are made to the alarm
device to assure that the false alarm condition shall not recur upon issuance
of a new alarm user permit. Upon written request by an aggrieved person, the
revocation of an alarm user permit or the refusal to reissue such permit by
the Building Inspector shall be subject to review by the False Alarm Review
Board. An alarm user whose permit is revoked or denied shall be notified of
the right of review. Request for such review must be made in writing on or
before the lapse of 15 days from receipt of notice of the determination by
the Building Inspector. A request for review shall stay the revocation of
the alarm user's permit until after the determination of the False Alarm
Review Board.
It shall be an affirmative defense to any prosecution for maintaining an alarm device without a permit that the person charged has submitted a duly completed application and permit fee to the Building Inspector within 15 days from the date when served with such violation notice. This defense shall not be available to any person maintaining an alarm at any location where an alarm permit has been revoked pursuant to § 114-12.
The Building Inspector shall have no authority to revoke or refuse to
issue any alarm user permit to any person or entity which is required by any
federal, state or local law to maintain an alarm device in premises within
the Town of Haverstraw. However, all other provisions of this chapter shall
apply and the alarm user shall be liable for any civil or criminal penalty
which may apply.
There is hereby created a False Alarm Review Board who shall hear and
determine all requests for review of any civil penalty assessed pursuant to
this chapter or the denial or revocation of any alarm user's permit by
the Building Inspector. The False Alarm Review Board shall be comprised of
any one member of the Town Board and two members of the public appointed by
the Town Board for a term of two years. The Town Board shall annually designate
its respective representatives to serve on such review board. The False Alarm
Review Board shall meet to hear all matters brought before it at least once
each quarter. The Chief of Police shall cause the False Alarm Review Board
to be convened in the months of March, June, September and December to handle
all pending matters. The Board shall have the authority, for good cause, to
set aside or reduce any civil penalty assessed against an alarm user or to
issue or reissue an alarm user's permit which has been denied or revoked.
The determination of the Board shall be subject to review in the Supreme Court
by a proceeding under Article 78 of the Civil Practice Law and Rules. Such
proceeding shall be instituted within 30 days after the determination shall
have been filed with the Town Clerk and a copy of the same mailed to the last
known address of the alarm user.
The False Alarm Review Board may excuse or reduce any civil penalty
assessed by the Chief of Police whenever it determines that a person, other
than the alarm user, was responsible for the false alarm, or that there is
reasonable cause to believe such alarm was the result of an unauthorized entry
or attempted entry. Such Board may not excuse any penalty on account of equipment
failure, defective installation or servicing of any alarm device.
The Building Inspector and Chief of Police may promulgate such rules,
regulations and standards applicable to alarm devices and alarm users, consistent
with this chapter, which are necessary for the purpose of effective administration
of this chapter. Such rules, regulations and standards shall be set forth
in writing and filed with the Town Clerk, and copies shall be made available
without charge to all applicants for an alarm user's permit.
If any section, paragraph, clause, provision or portion of this chapter
shall be adjudged invalid or held unconstitutional, the same shall not affect
the validity of the balance of this law as a whole or any part or provision
other than the part held to be invalid or unenforceable.
This chapter shall become effective September 5, 1997.
