Village of Malverne, NY
Nassau County
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[HISTORY: Adopted by the Board of Trustees of the Village of Malverne 8-17-2000 by L.L. No. 4-2000 (Ch. 1A of the 1972 Code). Amendments noted where applicable.]
Fire Department — See Ch. 74.
Building construction — See Ch. 265.
The purpose of this chapter is to provide minimum standards and regulations applicable to alarm users as defined in this chapter. The provisions of other codes of the Village of Malverne pertaining to building construction and fire prevention are not superseded but are in addition to the requirements of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
An assembly of equipment and devices arranged to signal the presence of a condition requiring urgent attention or response by the Village Police Department.
Any person on whose premises an alarm system is maintained within the Village, except for a proprietary system or an alarm system on motor vehicles. Where a person other than the owner leases or occupies the premises and maintains the alarm system, that person shall be the "alarm user."
The twelve-month period commencing January 1 and terminating on December 31.
The Chief of the Malverne Police Department.
The activation of the signaling portion of an alarm system through mechanical failure, malfunction, loss of externally supplied electrical power for less than four hours, improper installation, improper maintenance, improper usage or an error or negligence on the part of the owner, lessee or occupant of the premises wherein the system is installed, or through the error or negligence of employees, guests or agents of the owner, lessee or occupant of the premises. An error or negligence of the owner shall include insufficient or inadequate instruction to tenants, employees, agents, children or others concerned with or having access to the operation of the alarm system. A false alarm shall include all alarm signal activation incidents in which investigation by Police Department personnel reveals no evidence of the existence of an emergency condition. Those alarm signals which investigation reveals were triggered by physical damage to the protected premises as a result of a hurricane, tornado, earthquake or other violent natural phenomena and line trouble signals received via dedicated telephone lines are excluded from the definition of "false alarm."
Includes a partnership, corporation and unincorporated association.
An alarm system which transmits its signals to a location within the protected premises and is monitored by the proprietor of the premises or his agents. When such a system monitors conditions which may require a response by Police Department personnel, then it becomes an alarm system as defined in this chapter.
Every alarm user who maintains an alarm system in the Village, except those installed in motor vehicles, shall, within 10 days of the installation thereof, or within 60 days of the enactment of this chapter, file the following information with the Village Police Department:
Type of alarm system.
Street address and the nearest cross street of the building which houses the alarm.
In the case of commercial premises, the name, address and telephone number of an authorized representative and/or an alternative who will be able to respond when called by police to deactivate the alarm system.
In the case of a private residence, the name, address and telephone number of a person who is not a resident of the private residence in question and who will be able to deactivate the alarm system.
The name, address and telephone number of the person, firm, business or corporation installing, servicing and/or maintaining the alarm system.
Such filing requirements are applicable to all alarm systems, whether the same are or are not directly connected to the police headquarters or are merely audible alarms. Such filing must be made within the time period specified above, even though there shall have been previous notification of the existence of such alarm systems to the Police Department or any other department of the Village.
There shall be a fee as set from time to time by resolution adopted by the Board of Trustees for each alarm system, payable at the time of registration, and all alarm system filings are to be renewed every three years.
Notification of change. The alarm user shall be responsible for notifying the Chief of Police in writing in writing of any changes in the above information at least 10 days prior to the effective date of such change.
The filing of the above information does not create any special relationship or obligation on the part of the Village to respond to any alarm.
It shall be a violation of this chapter to cause or to permit the activation of a false alarm signal. The alarm user shall be held wholly responsible for all false alarms originating from the alarm user's system and shall be fully liable for all penalties arising therefrom.
An alarm user shall pay to the Village a fine for each and every false alarm to which the Village Police Department responds as follows:
First false alarm during the calendar year: no fine.
Second false alarm during the calendar year: not to exceed $25.
Third false alarm during the calendar year: not to exceed $50.
Fourth false alarm and all thereafter during the calendar year: not to exceed $100.
If an alarm user fails to file the information required by § 194-3 of this chapter, or fails to notify the Chief of Police of any changes in that information within the time required, the alarm user shall be subject to penalties as set forth in Chapter 1, Article II, General Penalty, of the Village Code.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).