The purpose of this chapter is to provide regulations
and standards applicable to alarm systems, alarm businesses, alarm
agents and alarm users so as to reduce the incidence of false burglar
alarms, maximize the efficient use of police personnel and resources
and provide efficient police protection to village residents.
For the purpose of this chapter, the following
words herein are defined as follows:
ALARM AGENT
Any person who is employed by or otherwise represents any
alarm business whose duties include any of the following: selling,
leasing, maintaining, servicing, repairing, altering, replacing, moving
or installing in or on any building, place or premises any alarm system.
ALARM BUSINESS
Any business, firm, proprietorship, partnership, corporation
or other commercial entity which is in the business of owning, operating,
maintaining, installing, servicing, repairing, altering, replacing,
leasing, selling, monitoring or receiving signals from or responding
to an alarm system.
ALARM SYSTEM
Any combination of components which is used to transmit a
signal directly or indirectly to the Police Department. Any alarm
device which when activated causes a response by the Police Department
shall be deemed to be an "alarm system."
ALARM SYSTEM INSTALLATION
The installation, replacement or significant modification
to an alarm system. An expenditure of over $500 for modification to
an existing alarm system shall be deemed to be a significant modification
to said system.
ALARM USER
Any person or commercial entity who owns, rents or otherwise
occupies any structure or premises on which an alarm system is owned,
operated, used or maintained or permitted to be used or maintained.
APPROVED ALARM SYSTEM
An alarm system which incorporates the following features
and meets the following requirements:
A.
The approval of the Police Department as to
the suitability and quality of all devices, equipment and hardware
and the approval of Underwriter Laboratories.
B.
Has an exterior or interior audible signal which
can be clearly heard in all portions of the protected structure when
the alarm system is automatically activated. An audible signal is
not required for alarm systems that are intentionally activated by
a "panic button" or a similar device specifically designed to enable
an alarm user to intentionally activate the alarm system.
C.
If an alarm system has an audible outdoor alarm
signal, it automatically terminates within 15 minutes of activation.
D.
Will not transmit more than two alarm messages
upon a single activation to the Police Department (if applicable).
The limitation of two messages shall include messages transmitted
by recorded or taped devices.
E.
Has an automatic dialer (if applicable) which
shall be programmed to dial a Police Department approved telephone
number for alarm systems. Under no circumstances shall any alarm system
be programmed to dial 911 or 626-1300.
F.
Contains a thirty-second time lapse between
initial activation of the alarm system and transmission of the alarm
signal to the Police Department or Central Alarm Station with an abort
feature or alternate means of canceling the alarm signal within the
thirty-second period. An abort feature shall not be required for devices
specifically designed to enable an alarm user to intentionally activate
the alarm system.
G.
Contains such other technical features or requirements
as shall be provided in the rules and regulations governing alarm
systems as shall hereafter be duly approved and promulgated by the
Old Brookville Board of Police Commissioners.
H.
Has an alarm user permit which has been issued
for the alarm system.
CENTRAL ALARM STATION
An alarm business which receives, records or validates alarm
signals and/or relays information to the Police Department. Any commercial
entity that provides "central alarm station" services to premises
in the village shall be considered an alarm business subject to the
licensing, regulatory and penalty provisions of this chapter.
DOING BUSINESS
An alarm agent or alarm business shall be deemed to be "doing
business" in the village if they operate, maintain, modify, install,
service, repair, alter, replace, lease, sell, monitor, receive a signal
from or respond to, or in any way conduct installation services or
provide central station service for, an alarm system in the village.
FALSE ALARM
Any message or signal which is transmitted directly or indirectly
to the Police Department to which the Police Department responds and
which signal or message is not the result of a criminal offense, fire
or other emergency. The transmitting of a message or signal due to
an equipment malfunction or the unauthorized actions of an alarm business
or alarm agent shall be deemed to be a "false alarm" and not an emergency.
VILLAGE
The Incorporated Village of Mill Neck ("Mill Neck").
The Police Department shall charge, collect
and retain the following processing fees as follows:
A. Business license: $100 for a two-year period.
B. Agent license: $50 for a two-year period.
C. Alarm user permit [valid for one year]:
(1) New alarm installation, significant modification to
existing alarm system or change of ownership: $50.
(2) Initial permit fee for all existing alarm users who
do not have an alarm user permit as of the effective date of this
chapter: $50.
D. For new installations or significant modifications
to an existing alarm system, an alarm installation permit shall be
issued free of charge, when the alarm user permit fee has been paid.
E. No refunds of license or permit fees shall be made.
If revoked, a new license or permit fee must be paid to reinstate
any revoked license or permit.
The Chief of Police may deny, suspend or revoke
any license or permit for a violation of this chapter or any rule
or regulation. Such denial, suspension or revocation shall become
effective 30 days after written notice thereof is mailed to the violator
by certified mail, return receipt requested. Within the thirty-day
period, the licensee or permittee may appeal the Chief of Police's
action to the Board of Police Commissioners which shall have the power
to stay, affirm, reverse or modify the action of the Chief of Police.
The Board of Police Commissioners, after a duly
noticed public hearing, may promulgate rules, regulations and standards
to ensure the quality, efficiency and effectiveness of the enforcement,
interpretation and implementation of this chapter.
If any clause, sentence, paragraph or section
or other portion of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect,
impair or invalidate the remainder of this chapter but shall be confined
in its operation to the particular clause, sentence, paragraph or
section or other portion of this chapter that shall be directly involved
in the controversy in which said judgment shall have been rendered.
Any person who violates or fails to comply with §§
29-3,
29-4 or
29-8 of this chapter shall commit a violation as defined in the New York State Penal Law, which shall be punishable in the Village Justice Court by a fine of up to $250 for each such violation.