[HISTORY: Adopted by the Common Council of
the City of Kingston as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-6-1990; approved 2-7-1990[1] (Ch. 10A, Art. I, of the 1984 Code)]
[1]
Editor's Note: This ordinance superseded former
Ch. 10A, Alarm Systems, adopted 6-6-1989, approved 6-8-1989, as amended.
This article shall be known and may be cited
as the "Alarm System Ordinance of the City of Kingston."
[Amended 5-5-1998; approved 5-12-1998]
As used in this article, the following terms
shall have the meanings indicated:
Any mechanical or electrical device or system which is designed
or used for the detection of any unauthorized entry into a building,
structure or facility or used for mechanically or electronically alerting
others to the commission of an unlawful act, whether installed within
or without the building. This system produces a signal, message or
warning which is relayed to the City Police Department which requires
immediate investigation and response by the Department. Said alarm
system shall include telephonic alarm systems, which are defined to
mean any mechanism, equipment or device which is designed to operate
automatically through the use of public telephone facilities to transmit
a signal, message or warning to another location.
The activation of the alarm system because of, but not limited
to, mechanical failure, malfunction, improper installation or negligence
by a person or when activation results in a response by the Kingston
Police Department where an emergency does not exist. False alarms
do not include alarms caused by hurricanes, tornadoes or other violent
weather conditions.
A natural person, firm, partnership, association or corporation
or representative or agent of said entities who is the owner or lessee
of an alarm system.
No person shall operate or maintain an alarm
system which automatically transmits a signal, message or warning
to the City Police Department without first obtaining a permit as
required by this article.
A.
Application for permits to maintain or operate an
alarm system shall be filed with the Chief of the Police Department
on forms supplied by the City, together with an original application
fee in an amount set forth in the fee schedule to be established by
resolution of the Common Council of this City.[1] Said application shall set forth the name, address and
telephone number of both the installer of the system and the person
or business on whose premises the system will be installed, as well
as a description of the system, the location where it is proposed
to be installed and the name, address and telephone number of at least
two persons who can be notified and available to come to the premises
on a twenty-four-hour daily basis if and when the City Police Department
receives a signal, message or warning from said alarm system. A person
shall also agree on said application that if the persons to be notified
and available either refuses to come to the premises upon the request
of the City Police Department or cannot be reached within a reasonable
amount of time by telephone when it receives a signal, message or
warning from said system, the City Police Department may, without
any liability for any charges as a result of disconnection or any
liability as a result for not responding to alarms, do either of the
following: disconnect the system itself, if possible, or contact the
installer to disconnect the system. The Chief of the Police Department
shall approve such application if he finds that:
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
(1)
The use of said alarm system to transmit a signal,
message or warning to the City Police Department will not interfere
with the orderly conduct of City business.
(2)
The person installing the system maintains an adequate
service organization to repair, maintain or otherwise service alarm
systems sold or leased by him.
B.
The Chief of Police may impose reasonable conditions
on the exercise of said permit.
The Chief of the Police Department or his agent
shall have the right to inspect at reasonable times and upon written
or oral notice any alarm system on the premises where it is intended
to function prior to issuance of any permit for its operation, and
he may cause an inspection of such system to be made at any time after
issuance of a permit to determine whether it is being used in conformity
with the terms of the permit and the provisions of this article.
It shall be unlawful for any person to operate
or maintain an alarm system which automatically transmits a signal,
message or warning to the City Police Department, except to such telephone
number or numbers as designated by the permit issued under the provisions
of this article.
[Amended 5-5-1998; approved 5-12-1998]
A.
When a signal, message or warning is transmitted to
the City Police Department which indicates a failure to comply with
the provisions of this article or when the alarm system actuates excessively,
to be defined as more than two false alarms, constituting a public
nuisance, the Chief of Police is authorized to demand that the person
disconnect such device until it is made to comply with the provisions
of this article.
B.
Upon the third false alarm in any one calendar year,
a person shall be assessed a fee in an amount set forth in the fee
schedule to be established by resolution of the Common Council of
this City.[1] Such fee shall be paid to the Police Department if said
person has received the following notice in the manner prescribed:
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
(1)
Written notice by certified mail through the United
States Postal Service from the Chief of Police upon the first false
alarm stating the fees payable upon all subsequent false alarms; the
potential demand for disconnection; and the potential nonresponse
by the Police Department to alarms.
C.
Upon the failure to pay the fee assessed in Subsection B above, the City shall add the unpaid fee to the tax bill of the owner of the property where the false alarm originated.
D.
Police officers responding to all false alarms shall
file an official police report indicating all pertinent information
pertaining to said false alarm, the original copy of which shall be
forwarded to the Police Chief upon each and every occurrence of such
false alarms.
E.
The Police Chief may, in his discretion, after written
evidence is presented to him by a person that he or she has taken
steps to correct the problem or cause of the false alarms, suspend
the assessment of fees and disconnection.
F.
After a person has received the warnings described
above and there has been no charge or correction which terminates
the false alarms, there shall be no liability on the City as a result
of a disconnection or as a result of the Police Department or any
of its officers not responding to an alarm.
[Amended 3-6-1990; approved 3-7-1990[1]]
All persons operating or maintaining an alarm system may continue to do so without a permit for a period of 90 days after the effective date of this article. Upon the expiration of this period, said persons shall be in violation of this article and subject to disconnection and other penalties under this article. If a person operating or maintaining an alarm system on or before the effective date of this article applies for a permit pursuant to § 142-4 within 90 days of the effective date, then there shall be no application fee due. If a person operating or maintaining an alarm system on or before the effective date applies for a permit after 90 days from the effective date, he or she shall be subject to the application fee.
[1]
Editor's Note: Sections 2 and 3 of this ordinance
provided as follows:
Section 2. This ordinance shall apply retroactively
to the date of the enactment of the Alarm System Ordinance on June
8, 1989.
Section 3. Any fees collected from persons
pursuant to § 10A-8 who had alarm systems in existence at
the time of the enactment of the Alarm System Ordinance on June 8,
1989, and who applied for a permit for said alarm system within 90
days following said enactment, shall have their permit fee refunded.
A.
The failure of any person to comply with any provision
of this article within 10 days after written notice by certified mail
through the United States Postal Service from the Chief of the Police
Department of such violation shall constitute the offense of a violation
of the provisions of this article. Any person who files an application
for a permit and who willingly or knowingly makes any false statements
or who, upon request for further information relating to such application,
willfully or knowingly furnished false information, shall be deemed
to have violated the section of this article relating to such application.
B.
Violations shall be prosecuted and penalties shall
be collected in the manner prescribed by law or ordinance effective
in the City of Kingston, including the right of a police officer of
the City of Kingston to issue an appearance ticket for City Court
for a violation of this article.[1] A violation of this article may be punishable by a fine
not to exceed $50 for the first violation and $100 for any thereafter
and/or revocation of the permit for a period of 60 days and/or disconnection
of said alarm system and/or imprisonment for fifteen days. Each day
that such violation continues after the expiration of the ten-day
notice period shall constitute a separate offense. The Chief of Police
shall submit to the Comptroller's office of the City of Kingston all
those in violation for the collection of such penalties on the first
business day of each month for the Treasurer to bill the offenders.
[Amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000]
[Adopted 11-10-1992 by L.L. No. 10-1992; approved 12-10-1992 (Ch. 10A, Art. I, of the 1984 Code)]
[Amended 6-7-1994 by L.L. No. 4-1994; approved 6-28-1994; 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
In each unit (apartment) of any multiple dwelling
that has four or more dwelling units and uses a gas heating system,
fuel-burning appliances or has an attached garage, there must be present
a certified carbon monoxide alarm installed and maintained according
to the manufacturer's specifications, unless expressly exempt from
this provision by the Fire Chief or his designee.
Failure to comply with the provisions of this
article will be punishable by a minimum fine of $100 per violation
and/or immediate vacating of the premises. Each day the violation
exists will be a separate violation.
[Added 4-27-1993 by L.L. No. 3-1993, approved
4-28-1993; amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
An appeal panel will be established which is
to include the Chief of the Fire Department or his designee, the City
Engineer or his designee, the Corporation Counsel or Assistant Corporation
Counsel and two members to be appointed by the Mayor who shall not
be involved in the City's legislative process. The panel will hear
matters wherein the determination of the Fire Chief or his designee
is being appealed by the property owner as to the requirement and
placement of carbon monoxide detectors.
[Added 4-27-1993 by L.L. No. 3-1993, approved
4-28-1993; amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
Appeals will be initiated by filing notice thereof
with the City Clerk within 30 days of the determination of the Fire
Chief or his designee. The appeals panel will hear and decide the
matter within 20 days after the filing of said appeal. A notice will
be made in writing to the property owner and the Fire Officer or his
designee as to the panel's decision.
[Added 4-27-1993 by L.L. No. 3-1993, approved
4-28-1993]
The grounds for appeal include the following:
A.
Installation as determined by the Building Department
is unnecessary, in light of viable alternatives which meet the intended
objective of this article.
[Amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
B.
Undue economic hardship or burden.
C.
Physical or legal impossibility.
D.
Impediment to the intended objective of this article.
E.
Restriction from the achievement of a valid state
or federal policy.
[Added 4-27-1993 by L.L. No. 3-1993, approved
4-28-1993]
All appeals will be conducted at an open meeting.
