[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford 3-2-1989 by L.L.
No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 61.
This chapter shall be known as the "Emergency Alarm System Law
of the Village of New Hartford."
It is the purpose of this chapter to protect and promote the
health, safety and general welfare of the residents of the New Hartford
Fire District by reducing the number of avoidable alarms to emergency
agencies. Avoidable alarms contribute to ineffective utilization of
public safety manpower and equipment. In addition, avoidable alarms
require emergency responses which may contribute to a high accident
rate and delayed responses to genuine emergencies. This chapter seeks
to ensure that fire communications facilities will be available to
dispatch fire and emergency personnel for actual emergencies and to
alleviate the nuisance of audible alarms to the surrounding community.
Another purpose of this chapter is to contact responsible people to
notify them of the activation of the alarm. This chapter also requires
registration of alarm businesses and subscribers for the purpose of
permitting the Village to communicate with them regarding the administration
of this chapter.
For the purpose of this chapter, certain words and phrases shall
be construed herein as set forth in this section, unless it is apparent
from the context that a different meaning is intended:
The business by any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any security system or causing
to be sold, leased, maintained, serviced, repaired, altered, replaced,
moved or installed any emergency alarm system in or on any building,
structure or facility. Exemption: The provisions of this chapter shall
not apply to a person who engages in the manufacture and/or sale of
an emergency alarm system from a fixed location who neither visits
the location where the emergency alarm system is to be installed nor
designs the scheme for physical location and installation of the emergency
alarm system in a specific location.
Any mechanical or electrical device which is designed or
used for the detection of fire or for the detection of an unauthorized
entry into or exit from a building, structure or facility or for alerting
others to the commission of an unlawful act within a building, structure
or facility, or both, and which emits an audible exterior signal at
the scene of the installation or, when activated, transmits a signal
or message which terminates in any manner at the New Hartford Fire
Department, whether or not designed or used to register alarms that
are audible, visible or perceptible with or without the protected
building structure or facility.
An alarm signal from an emergency alarm system or notification
by an answering service which calls for a response by the New Hartford
Fire Department where an emergency situation does not exist. Subscribers
and/or permittees shall notify the Village of New Hartford Fire Department
prior to any service, test, repair, maintenance, adjustment, alteration
or installation which might actuate to a false alarm. Alarms caused
by problems with public utilities shall not be considered false alarms.
The Village of New Hartford.
Written notice, given by personal service upon the addressee
or given by United States mail, postage prepaid, addressed to the
person to be notified at his last known address. Service of such notice
shall be effective upon the completion of personal service or upon
the placing of the same in the custody of the United States Postal
Service.
An emergency alarm system may constitute a public nuisance
if it actuates more than:
Any person who owns, leases, contracts for or otherwise obtains
an emergency alarm system.
A.
Each and every emergency alarm system in the New Hartford Fire District shall be properly maintained by personnel licensed by the Village pursuant to § 34-9 hereof.
B.
There shall be no testing of emergency alarm systems by any alarm
business, subscriber or the subscriber's agent that would normally
summon the Fire Department unless such test is first cleared and verified
through the Village of New Hartford Fire Department where such emergency
alarm system terminates.
[Amended 9-11-1994 by L.L. No. 1-1994]
Following fire response to the actuation of an alarm, the subscriber
shall file a written report with the Village of New Hartford Fire
Department within 72 hours of such notification. Such report shall
contain all information pertaining to the activation of said alarm
and any planned corrective action. Where the emergency alarm system
is serviced by an alarm business, the report shall be made to the
subscriber and a copy forwarded to the alarm business by the subscriber.
The Village of New Hartford Fire Department shall provide a standard
false alarm report in three parts, allowing one each for the subscriber,
alarm business and Village of New Hartford Fire Department.
A.
In the case of an alarm received, it is mandated that a representative
of the subscriber or the subscriber respond to the scene to verify
the security of the premises.
B.
In addition to the penalties provided for herein for violation of
any section of this chapter, failure of the subscriber or representative
thereof to verify the security of the premises following an alarm
shall serve to release the Village from further liability with respect
to the premises.
A.
No alarm business shall be permitted to do business in the New Hartford
Fire District without first being licensed to do so by said Village.
B.
The annual fee for such alarm supplier license shall be as set forth
from time to time by resolution of the Board of Trustees.
[Amended 9-11-1994 by L.L. No. 1-1994]
C.
Application for licenses required hereunder shall be filed with the
Village of New Hartford Fire Department and shall be accompanied by
the requisite fee. The Fire Chief or designee thereof shall prescribe
the forms of the application and request such information as is necessary
to evaluate and act upon the license application.
[Amended 9-11-1994 by L.L. No. 1-1994]
A.
No subscriber shall install or cause to be installed an emergency
alarm system in the New Hartford Fire District without first filing
an application for alarm permit and emergency card for premises with
the Village of New Hartford Fire Department.
B.
Every application for an alarm permit shall be accompanied by a one-time
nonrefundable fee as set forth from time to time by resolution of
the Board of Trustees. Additionally, any modification or change of
ownership, or location of an existing emergency alarm system shall
require submission of a revised application for alarm permit and updated
emergency card for premises and an additional permit fee as set forth
from time to time by resolution of the Board of Trustees.
[Amended 9-11-1994 by L.L. No. 1-1994]
C.
Applications for all alarm permits, including emergency cards required
hereunder, shall be filed with the Village of New Hartford Fire Department
and shall be accompanied by the requisite fee. The Fire Chief or designee
thereof shall prescribe the form of the application and request such
information as is necessary to evaluate and act upon the permit application.
[Amended 9-11-1994 by L.L. No. 1-1994]
A.
Any license or permit issued hereunder may be suspended and/or revoked by the Fire Chief or designee thereof upon the grounds listed in Subsection B herein.
[Amended 9-11-1994 by L.L. No. 1-1994]
B.
C.
The suspension and/or revocation of a permit or license may be appealed
by an aggrieved person to a designee of the Mayor within 30 days of
notification of said determination to suspend and/or revoke.
[Amended 9-11-1994 by L.L. No. 1-1994]
This chapter shall be enforced by the Village of New Hartford
Fire Department.
A.
Any person violating any provisions of this chapter shall be deemed
guilty of a violation and, upon conviction thereof, shall be punishable
by a fine of not more than $250 or imprisonment not exceeding 15 days,
or both, unless otherwise provided for herein.
B.
Penalties shall be levied against any subscriber or subscriber's
agent who transmits a false alarm or alarms, as defined herein, whether
caused by human error or malfunction of equipment at the subscriber's
terminal, as follows:
[Amended 6-14-2010 by L.L. No. 1-2010]
C.
The intentional transmission of a false alarm shall further be punishable
under the New York State Penal Law.
D.
The conviction or punishment of any person for violation of the provisions
of this chapter or for failing to secure a permit or license as required
by this chapter shall not relieve such person from paying fees due
and unpaid at the time of such conviction, nor shall payment of any
fee prevent prosecution for violation of any of the provisions of
this chapter. The amount of any fee shall be deemed a debt to the
Village. An action may be commenced in the name of the Village in
any court of competent jurisdiction for the amount of any delinquent
fee.
E.
Any penalties that remain unpaid shall become a lien upon the real
estate where the alarm system is located and shall be added in and
collected with the property tax of the Village of New Hartford on
such parcel.
[Amended 9-11-1994 by L.L. No. 1-1994]
The Fire Chief or designee thereof may promulgate rules and
regulations as deemed necessary for the proper administration of this
chapter.
A.
The Village of New Hartford shall not be liable for any defects in
operation of emergency alarm systems nor for failure to respond appropriately
nor for any erroneous response nor for the failure or defect of any
licensee pursuant to the provisions of this chapter with respect to
the installation, operation or maintenance of equipment, the transmission
of alarm signals or messages or the relaying of such signals or messages.
B.
In the event that the Village finds it necessary to disconnect a
module or signaling device, the Village shall incur no liability therefrom.
Any applicant for a permit under this chapter shall be required
to notify the Village of New Hartford Fire Department of the name
of his liability insurance carrier, and either such owner or installer
shall authorize the Village of New Hartford Fire Department, through
his application for permit, to notify said insurance company in the
event of a violation of this chapter.
