[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:
ALARM BUSINESS
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.
EMERGENCY ALARM
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.
FALSE ALARM
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.
LICENSING AUTHORITY
The Village of New Hartford.
NOTICE
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.
PERMITTEE
Any individual, partnership, corporation or other entity required to obtain a permit pursuant to §§ 34-9 through 34-11 hereof.
PUBLIC NUISANCE
An emergency alarm system may constitute a public nuisance if it actuates more than:
A. 
One false alarm in any thirty-day period; or
B. 
Two false alarms in any ninety-day period; or
C. 
Three false alarms in any one-hundred-eighty-day period; or
D. 
Four false alarms in any three-hundred-sixty-day period; or
E. 
Five false alarms in any three-hundred-sixty-five-day period.
SUBSCRIBER
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]
[1]
Editor's Note: Former § 34-5, Reversing relays, was repealed at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: Former § 34-6, Dialer alarms, was repealed at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
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]
Notice of changes or modifications relating to the information required by §§ 34-9 and 34-10 herein shall be given, in writing, to the Village of New Hartford Fire Department within seven days of said change or modification.
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. 
The following shall constitute grounds for suspension or revocation:
(1) 
The violation of any of the provisions of this chapter.
(2) 
The failure to comply with standards or regulations as established in §§ 34-4 through 34-8 hereof.
(3) 
Where an alarm system actuates excessive false alarms and thereby constitutes a pubic nuisance, as defined herein.
(4) 
Where any permittee or subscriber fails to update the information required by §§ 34-9 and 34-10 hereof.
(5) 
Violation of any rules and regulations as may hereinafter be promulgated by the Fire Chief in accordance with the delegation of authority contained in § 34-15 herein.
[Amended 9-11-1994 by L.L. No. 1-1994]
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]
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Third offense: $250.
(4) 
Fourth offense: $500.
(5) 
Fifth offense: $1,000.
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.