[Adopted 12-11-1979 by L.L. No. 34-1979 (Ch. 213, Art. I,
of the 1985 Code)]
The purpose of this article is as follows:
A. To promote the safety and welfare of the citizens of Suffolk County,
minimizing, to the fullest extent practicable, the number of false
burglary and fire alarms.
B. To increase the efficiency of the Suffolk County Police Department
and other law enforcement agencies in executing their duties by reducing,
to the fullest extent practicable, the number of false alarms.
The Suffolk County Legislature, after due deliberation, makes
the following findings:
A. The overwhelming majority of burglary alarm calls are due either
to faulty alarms or to the accidental setting off of the alarm by
the owner or the user of the alarm system or device.
B. Approximately 30,000 false alarms have occurred on an annual basis
in the last several years, resulting in an unconscionable and an unnecessary
waste of man-hours and taxpayer expense.
C. The high incidence of alarm systems or devices emitting a false alarm
poses a clear danger to the safety and well-being of the citizens
of Suffolk County.
D. Any alarm system, as defined herein, emitting a false alarm, which
automatically and directly dials any emergency phone number, is very
prone to be activated by electrical current failures or other events
having no connection with criminal activity and to tie up such emergency
phones, making them unavailable to receive genuine emergency calls.
E. Any alarm device or system emitting a false call or alarm is hereby
declared to be a public nuisance and threat to the safety, security
and well-being of the citizens of Suffolk County.
F. Any alarm systems or devices emitting a false alarm seriously disrupts
law enforcement operations, undermines law enforcement efficiency
and seriously impairs the ability of law enforcement personnel to
respond to legitimate emergency situations.
As used in this article, the following terms shall have the
meanings indicated:
ALARM OWNER
Any person, corporation, partnership or joint venture who
or which owns, leases, rents, uses or makes available for use by his
or its agents, employees, representatives or family any alarm system.
[Amended 7-6-1982 by L.L. No. 13-1982]
ALARM SYSTEM
Any device, system or instrument, whether known as a burglary,
robbery or intrusion alarm, direct-dial telephone device, audible
or silent or by any other name, which is designed or maintained or
intended to detect an unauthorized entry into any building, structure
or facility or to signal the commission of an unlawful act or any
other emergency. Any device installed by a telephone company to protect
telephone company systems which might be damaged or disrupted by the
use of an alarm system is not included in this definition.
AUDIBLE ALARM
An alarm system designed to notify persons in the immediate
vicinity of the protected premises, by emission of an audible sound,
of an unauthorized entry on the premises or of the commission of an
unlawful act or emergency condition.
DIRECT-DIAL SERVICE
An alarm system which is connected to a telephone line and,
upon activation of an alarm system, which automatically dials a predetermined
telephone number and transmits a message or signal indicating the
need for emergency response by any law enforcement agency. Such direct-dial
service connected to the phone of a neighbor, friend, owner, central
office or answering service is not affected by this article.
FALSE ALARM
An alarm signal activated by causes or events other than
the commission or attempted commission of an unlawful act or emergency
which the alarm system is designated to detect. An alarm signal activated
by violent or unusual conditions of nature or other extraordinary
circumstances not subject to the control of the alarm owner shall
not constitute a false alarm.
[Amended 6-10-1980 by L.L. No. 17-1980]
[Amended 6-10-1980 by L.L. No. 17-1980; 7-6-1982 by L.L. No.
13-1982; 3-12-1985 by L.L. No. 4-1985]
A. It shall be unlawful and a violation of this article for an alarm
owner to use an alarm system which is equipped with a functioning
direct-dial service which, when activated, automatically dials a number
in any office of the Suffolk County Police Department.
B. No audible alarm may be installed in any building or structure unless
it is installed and designed to terminate its operation or to automatically
reset within 60 minutes of its being activated. For every audible
alarm installed in a commercial structure, the owner thereof may post
a coded sticker, to be obtained from the local police precinct upon
voluntary registration with such precinct for police identification
only. Such posting shall be visible to the general public outside
the building in which the alarm is contained.
[Adopted 12-15-2015 by L.L. No. 42-2015; amended in its entirety 11-22-2016 by L.L. No. 33-2016]
As used in this article, the following terms shall have the
meanings indicated:
ALARM COMPANY
Any person, corporation, company, partnership or joint venture
engaged in selling, leasing, installing, servicing or monitoring alarm
systems that is licensed in accordance with New York State law.
ALARM OWNER
Any person, corporation, company, partnership or joint venture
who or which owns, leases, rents, or uses an alarm system or makes
an alarm system available for use by his/her or its agents, employees,
representatives, tenants or family. An alarm owner shall not include
any governmental entity.
ALARM SYSTEM
Any device, system or instrument, whether known as a burglary,
robbery or intrusion alarm, direct-dial telephone device, audible
or silent, or by any other name, which is designed or maintained or
intended to detect an unauthorized entry into any building, structure,
facility, or any designated portion thereof, or designed to signal
the commission of an unlawful act or any other emergency, regardless
of whether or not such device is connected to any telephone line that
is dialed upon its activation. This definition shall not include any
device installed by a telephone company to protect telephone company
systems which might be damaged or disrupted by the use of an alarm
system.
COMMISSIONER
The Commissioner of the Suffolk County Police Department.
FALSE ALARM
An alarm signal to the Department activated by causes or
events other than the commission or attempted commission of an unlawful
act or emergency which the alarm system is designed to detect. This
shall include, but not be limited to, mechanical failure, accidental
tripping, misoperation, malfunction, misuse or neglect of the alarm
system, but shall not include alarms caused by earthquakes, high winds,
verifiable utility failures or external causes beyond the control
of the alarm owner or alarms caused by smoke, fire or carbon monoxide.
NONRESIDENTIAL BUILDING
Any improved property consisting of a building or structure
that is not a residential building.
POLICE DISTRICT
The geographical area under the jurisdiction of the Suffolk
County Police Department, as defined in Article XIII of the Suffolk
County Charter.
RESIDENTIAL BUILDING
Any improved property consisting of a building or structure
designed and occupied exclusively for residential purposes by not
more than two families.
Any person or entity that receives a notice of false alarm fees
or any other fines or fees due under this article may appeal such
fines or fees by filing a notice of appeal in such form as provided
by the Department, with the Commissioner, within 30 days of receipt
of the notice. The Commissioner shall make a determination on the
appeal within 60 days of receipt. All final written determinations
of the Commissioner shall be appealable in accordance with Article
78 of the New York Civil Practice Law and Rules.
The Commissioner shall have the power to promulgate, amend and/or
repeal rules and regulations not inconsistent with the provisions
of this article as may be necessary with respect to the form and content
of applications alarm system permits, appeals processes, for the reception
thereof, and other matters incidental or necessary to carry out the
proper administration and enforcement of this article. The rules and
regulations shall include a written protocol for police officers responding
to false alarms, including a checklist of the actions a police officer
must complete before leaving the scene of a false alarm. A copy of
all rules and regulations promulgated and any amendments thereto shall
be filed in the office of the Clerk of the County Legislature.
Any and all records prepared, created, and maintained by the
Department in connection with this article shall be kept confidential
and exempt from disclosure in accordance with and under the provisions
of the New York Public Officers Law.