[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 8-19-2008 by L.L. No. 5-2008. Amendments noted where applicable.]
The purpose of this chapter is to provide regulations and standards applicable to alarm devices and alarm users and to provide a schedule of charges applicable for false alarms transmitted through such devices. All emergency medical monitoring and medical alarm systems shall be exempt from this chapter. Also excluded from the provisions of this chapter are alarm devices installed in or on any motor vehicle.
As used in this chapter, the following terms shall have the meanings indicated:
- ALARM AGENT
- Any individual who is employed by any person licensed by New York State to conduct the business of owning, operating, maintaining, installing, leasing or selling alarm devices, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing in or on any building, place or premises any alarm device or system, as defined in this chapter, within the Village of Ossining.
- ALARM BUSINESS
- Any person engaged in the business of owning, operating, maintaining, installing, leasing or selling an alarm device or devices or system of alarm devices, which business is, as owner, operator, provider of maintenance service, installer, lessor or seller of said device, devices or system of devices, subject to the license requirements of New York State.
- ALARM DEVICE
- Any device which, when activated by an unauthorized entry, fire, smoke or other emergency requiring Police Department or Fire Department response, transmits a recorded message or signal to police headquarters or to a private control alarm station and/or produces any audible or visual signal to which the Police Department or Fire Department is expected to respond. Excluded from this definition and from the provisions of this chapter are devices designed to alert the occupants of a building of an emergency condition therein and which do not produce any audible or visual signal which is perceptible outside of such building.
- ALARM REVIEW BOARD
- The Village Manager, Village Clerk and Police Chief, or their designee, shall comprise the Alarm Review Board, which will review any complaints or problems arising out of the enforcement of any provision of this chapter.
- ALARM USER
- Any person or entity on whose premises an alarm device is installed in the Village of Ossining.
- FALSE ALARM
- Any alarm activation to which Police or Fire Department personnel respond which is not the result of natural disaster, act of God, fire, smoke, unauthorized entry or other emergency.
- PERMITTING AUTHORITY
- The Village Clerk of the Village of Ossining.
- The Village of Ossining.
Permitting authority. The permitting authority is hereby authorized to grant a revocable permit, upon the approval of the Chief of Police, to any alarm user as defined in this chapter.
Application for alarm user permit.
Any property owner or lessee of property in the Village of Ossining having on his or her premises an alarm device shall apply to the permitting authority within 90 days of the effective date of this chapter for an alarm user permit. Such alarm user permit is nontransferable.
Any property owner or lessee of property in the Village of Ossining desirous of obtaining an alarm device shall apply to the permitting authority for an alarm user permit on a form designated by the permitting authority. Such alarm user permit is nontransferable.
Information contained in the application for a permit shall be confidential and not subject to disclosure without the written permission of the applicant.
A new permit shall be obtained each time a security system or fire alarm system is substantially modified or a new security system or fire alarm system is installed on the premises of the owner or lessee.
Renewal. Permits shall be renewed on an annual basis, starting in January of each year and ending in December of the same year.
Denial, suspension or revocation of alarm user permit and disconnection of alarm system.
A permit issued under this chapter may be suspended or revoked by the permitting authority after notice and hearing by the permitting authority for the violation of any of the provisions of this chapter or of any regulation or regulations promulgated by the permitting authority pursuant to this chapter. Upon such suspension/revocation, any permit identification card issued hereunder shall be surrendered immediately to the permitting authority and any alarm devices registered under said permit shall be disconnected.
Any applicant whose application for a permit has been denied or any alarm user whose permit has been suspended or revoked by the permitting authority may appeal such a denial, suspension or revocation, in writing, to the Alarm Review Board within 30 days after the date of the notice of denial, suspension or revocation by filing a notice of appeal of same with the permitting authority. Said applicant or alarm user may appear before the Alarm Review Board as provided in § 66-7.
Licensing to conduct alarm business. Any person engaged in the business of owning, operating, maintaining, installing or leasing or selling an alarm device or devices or system of alarm devices who desires to conduct such business in the Village of Ossining must be properly licensed by the State of New York pursuant to: Article 6-D of the General Business Law and Title 19 of NYCRR, Parts 195 and 196.
Alarm agent license. Any person engaged in the business of maintaining, repairing, servicing, altering, removing or installing an alarm device or alarm system shall carry on his or her person at all times while so engaged a valid license and identification card and shall display such license and identification card to any Village official upon request.
Registration of license. A copy of the alarm agent's New York State license must be filed with the permitting authority.
Alarm devices shall be equipped with an automatic cutoff device which limits the audible time of the exterior alarm to 15 minutes.
The Village assumes no responsibility for alarm devices. Notwithstanding the payment of any fee and/or the issuance of any permit as herein required, the Police Department, Fire Department and the Village of Ossining shall be under no obligation whatsoever concerning the adequacy, operation or maintenance of the alarm device so installed. The Village of Ossining and its authorized agents hereby assume no liability whatsoever for any failure of any such alarm device or for failure to respond to any such alarms or for any act of omission or commission as a result of any such alarm device.
Any owner or lessee of property having an alarm device or system of devices on its premises and any user of any services or equipment furnished pursuant to this chapter shall pay to the Village of Ossining, upon written demand, a charge for each and every false alarm to which Police or Fire Department personnel respond. There shall be a fee for each charge as set forth by resolution of the Board of Trustees in the Fee Schedule. The permitting authority shall notify the permit holder by prompt written notice of a false alarm charge imposed. A copy of such notice shall also be sent, in the same manner, to each other entity identified as a record owner of the premises at which the false alarm has occurred. Any alarm user charged with a false alarm penalty may appeal such charge or penalty by filing a notice of appeal of same with the permitting authority, in writing, within 30 days after receipt of the notice of such penalty and may appear before the Alarm Review Board at a place and time selected by the Board.
It shall be a violation of this chapter to intentionally cause a false alarm, and any person who does intentionally cause a false alarm shall be subject to the penalty provisions of this chapter, in addition to other penalties and sanctions as provided by law.
The Village Manager, Village Clerk and Police Chief, or their designee, shall comprise and serve as an Alarm Review Board having the powers and duties granted to it under this chapter.
The Alarm Review Board shall consider appeals from determinations of the permitting authority. Upon receipt of a timely appeal taken, the Alarm Review Board shall notify the appellant 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 10 days in advance of the scheduled hearing. Notices to an appellant shall be given by certified mail, return receipt requested. The Alarm Review Board may adopt such rules and procedures for the prosecution of appeals and conduct of hearings as shall be proper and appropriate.
On the basis of all evidence and information properly submitted or introduced, the Alarm Review Board shall either affirm the action of the permitting authority, 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. The Alarm Review Board shall hear and decide any appeal within 30 days after the written notice of appeal is filed with the permitting authority. Decisions of the Alarm Review Board shall be final, subject to review by an Article 78 proceeding in the Supreme Court. Failure of the Alarm Review Board to decide an appeal within the said thirty-day period shall not result in default approval.
Unpaid false alarm fees, permit fees or other charges shall become a lien upon the property from which the alarm originated in a call to police headquarters, resulting in such fee or charge, and will be collected in the same manner as real estate taxes after the provisions of § 66-8 are exhausted if initiated by the owner or lessee.
Any entity which violates any provisions of this chapter not otherwise provided for shall be subject to a fine not in excess of $250 or imprisonment for 15 days, or both, for each offense. A separate offense shall be deemed committed for each occurrence during which a violation occurs or is committed.