[HISTORY: Adopted by the Legislature of the County of Monroe 2-28-1984
by L.L. No. 2-1984, approved 3-21-1984.
Amendments noted where applicable.]
This chapter shall be known as "Local Law Regulating the Use and Application
of Alarm Systems which Communicate with the 911 Emergency Communications Center."
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the County of Monroe by regulating
the use and application of alarm systems which communicate with the 911 emergency
communications center. The purpose of regulating the connection of alarms
to the 911 emergency communications center is to ensure that the 911 emergency
number is kept open for all incoming emergency calls and that the 911 emergency
number is not jammed or seized by automatic dialing devices or other such
similar devices. Additionally, the purpose of this chapter is to regulate
the content of the messages of automatic dialing devices and other similar
devices, so that such messages will be programmed to provide the essential
information needed by the 911 emergency communications center to properly
respond to an emergency call. It is the further purpose of this chapter to
regulate administrative matters related to the 911 emergency communications
center.
As used in this chapter, the following terms shall have the meanings
indicated:
Any assembly of equipment or devices arranged to signal the presence
of a hazard requiring urgent attention and to which police, fire or emergency
medical service agencies are expected to respond. An "alarm system" shall
include automatic dialing devices.
Any person on whose premises, located within the County of Monroe,
an alarm system is owned, operated or maintained by such person or his agents,
employees or servants.
A device which is connected to a telephone line and is programmed
to access a predetermined emergency agency number and transmit by voice message
or coded signal to an emergency agency an emergency message indicating a need
for emergency response.
The County of Monroe, State of New York.
The Director of Public Safety of Monroe County, or his designated
representative.
The central dispatching location provided by the county to receive
all emergency calls on behalf of participating agencies in Monroe County.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
A business which offers service receiving emergency signals from
alarms and where emergency signals from alarm systems are monitored and thereafter
relayed to an emergency agency.
A designated telephone line(s) leading into the Monroe County emergency
communications center and having the primary purpose of handling emergency
signals or messages from automatic dialing devices.
A.
Automatic dialing device.
(1)
No automatic dialing device shall be arranged to call
the "9-1-1" emergency telephone number of the County of Monroe. Any person
who programs an automatic dialing device to call the 911 emergency telephone
number of the County of Monroe, or whose automatic dialing device is arranged
to call the 911 emergency telephone number of the County of Monroe, shall
be liable for a civil penalty of $500. In addition, a violation of this section
shall be a violation punishable by a fine not less than $500 and not more
than $1,000 or by a term of imprisonment not to exceed 15 days, or by both
such fine and imprisonment. A police officer, sheriff or other law enforcement
officer may order the alarm user to immediately disconnect such device from
the 911 emergency number. The failure by such alarm user to obey such order
shall be a violation punishable by a fine not less than $500 and not more
than $1,000 or by a term of imprisonment not to exceed 15 days, or by both
such fine and imprisonment. Additionally, the owner of such alarm system shall
be liable for a civil penalty of $500 for the failure to obey such order.
(2)
The Director, upon consultation with the 911 Operating
Practices Board, may permit automatic dialing devices to transmit signals
directly to the emergency communications center by means of permitting such
automatic dialing devices to access a special trunk line(s). The Director
may refuse to permit an automatic dialing device to be connected to the special
trunk line where the Director has reason to believe the connection of the
device would adversely impact the operations of the 911 emergency communications
center. Any person whose automatic dialing device is arranged to call a special
trunk line shall perform the installation in conformance with written instructions
from the Director for such installations. The Director will use his best efforts
to establish a reasonable lead time during which the special trunk line(s)
can be made available for automatic dialing devices prior to the implementation
of the 911 system.
(3)
The Director shall designate the telephone number of
the special trunk line(s) to be used for automatic dialing devices and the
format and content which shall be used for programming messages which are
to be conveyed to the emergency communications center.
(4)
The Director shall not permit any automatic dialing devices
to access a special trunk line which terminates at the emergency communications
center unless such automatic dialing devices meet the following minimum standards:
(a)
The devices shall not be the type which shall hold the
special trunk line open after the emergency communications center has broken
the telephone connection.
(b)
The devices shall not dial the emergency communications
center's designated number more than once as a result of a single activation.
The devices shall not state their messages more than twice after the call
has been answered by the emergency communications center.
(5)
Any person who installs an automatic dialing device which calls the emergency communications center that does not comply with the above-described standards shall be liable for a civil penalty of $500. In addition, a violation of Subsection A(4)(a) and (b) of § 209-4 above shall be a violation punishable by a fine not less than $500 nor more than $1,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. A police officer, sheriff or other such law enforcement officer may order the alarm user to immediately disconnect any device from the special trunk lines that does not meet the requirements of Subsection A(4)(a) and (b) above. The failure of the alarm user to obey such order shall be a violation punishable by a fine of not less than $500 and not more than $1,000 or by a term of imprisonment not more than 15 days, or by both such fine and imprisonment. Additionally, an alarm user shall be liable for a civil penalty of $500 for failure to obey such order.
B.
Direct connection to the Monroe County emergency communications
center.
(1)
The Director shall, at his discretion, permit alarms
from government buildings and financial institutions to be terminated in the
Monroe County emergency communications center, provided that such financial
institution or unit of government has entered into a written agreement with
the county setting forth the terms and conditions of the termination of such
alarms in the emergency communications center as established by the provisions
of this chapter and including any additional terms and conditions as may be
established by the Director.
(2)
The financial institution or unit of government permitted
by the Director to have a direct connection to the emergency communications
center shall be responsible for obtaining the leased telephone line between
the financial institution or the government premises and the alarm-receiving
equipment at the emergency communications center, and for furnishing the appropriate
interface equipment, if required, in order to provide an input signal which
is compatible with the receiving equipment used to operate the standard annunciator
panel. All such installations must be compatible with the emergency communications
center equipment.
(3)
It shall be the responsibility of the government unit
or financial institution whose alarms are terminated in the Monroe County
emergency communications center to ensure that their equipment will be compatible
with the equipment used at the emergency communications center and to keep
their equipment in good working order. In the event that the emergency communications
center changes, alters or otherwise modifies its equipment, the Director shall
notify the units of government or financial institutions whose alarms are
terminated in the Monroe County emergency communications center that they
must alter or modify their alarm systems to render their alarm systems compatible
with anticipated changes in the emergency communications center equipment.
The Director shall give units of government and financial institutions sufficient
advance notice to modify their alarm systems to render their alarm systems
compatible with anticipated changes in the emergency communications center
equipment.
C.
Private answering point. The reporting of alarms by private
answering points to the emergency communications center shall be as prescribed
by the written instructions of the Director.
D.
Testing of equipment. No alarm system designed to transmit
emergency messages shall be tested or demonstrated, if such test shall consist
of transmitting a message to the emergency communications center, except in
accordance with the written procedures established by the Director for such
testing.
E.
Administrative guidelines. The Director is authorized
to issue written guidelines for the purposes of providing clarification of
any provision of this chapter and is authorized to issue regulations for carrying
into effect or fully administering the provisions of this chapter.
A.
Whenever, pursuant to this chapter, the Director intends
to impose a civil penalty for a violation of this chapter, he shall give the
alleged violator or alarm user a right to a hearing.
B.
Whenever, pursuant to this chapter, the Director intends
to impose a civil penalty for a violation of this chapter, he shall give notice
to the alleged violator or alarm user by certified mail, return receipt requested,
that he intends to impose a civil penalty, within 15 days of the date of the
notice, unless the alleged violator or alarm user requests, within 15 days
of the notice, in writing, a hearing. The Director's notice shall further
state the basis for the civil penalty. Where the alleged violator or alarm
user requests a hearing, he shall specify, in his request, the reason why
a civil penalty should not be imposed.
C.
Written notice of the time and place of the hearing shall
be served upon the alleged violator or alarm user by the Director by first
class mail by at least 10 days prior to the date set for the hearing. A hearing
shall be scheduled within at least 60 days of a request for such hearing.
D.
At the hearing, the alleged violator or alarm user shall
have the right to confront and examine witnesses and present evidence on his
own behalf. After the hearing, the Director shall issue a written decision
setting forth his findings and determinations.
E.
In the event that the alleged violator or alarm user
fails to request a hearing, the Director shall have the right to impose a
civil penalty prescribed for the violation.
F.
The Director shall not seek to impose a civil penalty
more than three years after the occurrence of the acts forming the basis of
the violation.
A.
Except where a penalty has already been prescribed in
another section of this chapter, all violations of this chapter shall be punishable
by a civil penalty of $100. The Director is authorized to compromise any civil
penalty. All civil penalties and all fines collected hereunder shall be retained
by the County of Monroe.
B.
The civil and criminal penalties provided
for in this law are not intended to be exclusive. The Director may pursue
whatever additional, other legal or equitable remedies that he deems appropriate
to enforce the provisions of this law.
