[HISTORY: Adopted by the Board of Trustees
of the Village of Floral Park 8-5-1986 by L.L. No. 5-1986; amended in its entirety 1-15-2013 by L.L. No.
1-2013. Subsequent amendments noted where applicable.]
Responsibility for administration of this chapter is vested
with the Commissioner of Police or designee. The Commissioner of Police
shall designate an Alarm Administrator to carry out the duties and
functions described in this section. The Alarm Administrator shall
conduct an annual evaluation and analysis of the effectiveness of
this chapter and identify and implement system improvements as warranted.
In this chapter the following terms and phrases shall have the
following meanings:
A person or persons designated by the Commissioner of Police
to administer the provisions of this chapter.
The legal contract or agreement by and between the alarm
installation company and/or monitoring company and the alarm user.
The legal contract or agreement by and between the alarm
installation company and/or monitoring company and the alarm user.
A person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
alarm system in an alarm site. This definition shall also include
individuals or firms that install and service the alarm systems that
will be used in their private or proprietary facilities. This does
not include persons doing installation or repair work where such work
is performed without compensation of any kind (i.e., "do-it-yourselfers").
Authorization granted by the Alarm Administrator to an alarm
user to operate an alarm system.
A person designated by an alarm installation company or monitoring
company to handle alarm issues for the company and act as the primary
point of contact for the jurisdiction's Alarm Administrator.
A location served by one or more alarm systems. In a multiunit
building or complex, each unit shall be considered a separate alarm
site if served by a separate alarm system. In a single unit building
that houses two or more separate businesses with separate alarm systems,
each business will be considered a separate alarm site.
A device or series of devices which emit or transmit an audible
or remote visual or electronic alarm signal which is intended to summon
police response. The term includes hardwired systems and systems interconnected
with a radio frequency method, such as cellular or private radio signals,
and includes local alarm systems, but does not include an alarm installed
in a motor vehicle, on one's person or a system which will not
emit a signal either audible or visible from the outside of the building,
residence or beyond, but is designed solely to alert the occupants
of a building or residence.
Any person who has contracted for monitoring, repair, installation
or maintenance service for an alarm system from an alarm installation
company or monitoring company, or who owns or operates an alarm system
which is not monitored, maintained or repaired under agreement.
A list provided by the alarm user's alarm installation
company or, if no alarm agreement exists between the alarm user and
an alarm installation company, by the alarm user's monitoring
company.
A device that controls an alarm system.
Any electronic, mechanical, or other device which, when activated,
is capable of being programmed to send a prerecorded voice or alarm
message to a law enforcement agency requesting a police dispatch to
an alarm site.
An alarm intended to identify the presence of an intruder
in either a business or residence.
A burglar alarm dispatch request reported by a monitoring
company that indicates a crime is in progress based upon an audio,
video or "other electronic means" verification device installed at
the alarm site.
The termination of a Police response to an alarm site after
dispatch request is made, but before an officer has arrived at the
alarm site.
The transaction or process by which one alarm installation
company or monitoring company begins the servicing or monitoring of
a previously unmonitored alarm system or an alarm system that was
previously serviced or monitored by another alarm company.
A check-off list provided by the Alarm Administrator to the
alarm installer to provide the alarm user to complete prior to the
activation of an alarm system.
A silent alarm system signal generated by the entry of a
designated code into an arming station in order to signal that the
alarm user is being forced to turn off the system and requires an
officer's response.
An attempt by the monitoring company, or its representative,
to contact the alarm site and/or alarm user and/or the alarm user's
designated representatives by telephone and/or other electronic means,
whether or not actual contact with a person is made, to determine
whether an alarm signal is valid before requesting a police dispatch,
in an attempt to avoid an unnecessary alarm dispatch request. For
the purpose of this chapter, telephone verification shall require,
at a minimum, that a second call be made to a different number if
the first attempt fails to reach an alarm user who can properly identify
themselves to determine whether an alarm signal is valid before requesting
an officer dispatch. The name and numbers of those contacted, or attempted
to be contacted, must be provided when requested.
An alarm dispatch request to the Police Department which
results in the responding officer finding no evidence of a criminal
offense or attempted criminal offense after completing an investigation
of the alarm site.
A silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress or immediately
after it has occurred.
The Commissioner of Police or other authorized representative
of a law enforcement agency.
An unmonitored alarm system that annunciates an alarm only
at the alarm site.
The process by which a monitoring company receives signals
from an alarm system and relays an alarm dispatch request to the Police
Department.
A person in the business of providing monitoring.
The manual activation of a silent alarm signal by entering
a code that adds one to the last digit of the normal arm/disarm code
(e.g., normal code: 1234; one plus duress code: 1235).
The real-time audio/video surveillance of an alarm site by
the monitoring company by means of devices that permit the direct,
live listening in or viewing of an alarm site or portions thereof.
An alarm system signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation
requiring an officer's response.
An individual, corporation, partnership, association, organization
of similar entity.
The Village of Floral Park Police Department.
A telephone line serving the Village of Floral Park Police
Department building that is solely designated to receive emergency
calls.
An alarm system that produces a temporary disability or sensory
deprivation through the use of chemical, electrical, sonic or other
means, including use of devices that obscure or disable a person's
vision.
A person capable of appearing at the alarm site upon request
who has access to the alarm site, the code to the alarm system and
the authority to approve repairs to the alarm system.
An alarm signal generated by the manual or automatic activation
of a device, or any system, device or mechanism on or near the premises
intended to signal that a robbery or other crime is in progress, and
that a person is in need of immediate police assistance in order to
avoid bodily harm, injury or death. The term has the same general
meaning as "holdup alarm" or "duress alarm."
The ANSI (American National Standard Institute approved Security
Industry Association) SIA CP-01 Control Panel Standard, as may be
updated from time to time, that details recommended design features
for security system control panels and their associated arming and
disarming devices to reduce the incidence of false alarms. Control
panels built and tested to this standard by Underwriters Laboratory
(UL), or other nationally recognized testing organizations, will be
marked to state: "Design evaluated in accordance with SIA CP-01 Control
Panel Standard features for false alarm reduction."
The termination of police response to alarms at a specified
alarm site as a result of false alarms or other violation of the alarm
systems chapter.
The transaction or process by which an alarm user takes over
control of an existing alarm system, which was previously controlled
by another alarm user.
See "verify."
A site that has not complied with the registration requirements
as defined in the alarm systems chapter.
An attempt by the monitoring company to determine the validity
of an alarm signal prior to initiating an alarm dispatch request.
Division of devices into which an alarm system is divided
to indicate the general location from which an alarm system signal
is transmitted.
A.
No
alarm user shall operate, or cause to be operated, an alarm system
at its alarm site without a valid alarm permit. A separate alarm permit
is required for each alarm site.
B.
The
fee for an alarm permit or an alarm permit renewal shall be established
by resolution by the Board of Trustees and shall be paid by the alarm
user. No refund of a permit fee or permit renewal fee will be made.
The initial alarm permit fee must be submitted to the Alarm Administrator
within 20 days after the alarm system installation or alarm system
takeover.
C.
Upon
receipt of a completed alarm permit application form and the alarm
permit fee, the Alarm Administrator shall register the applicant,
unless the applicant has:
(1)
Failed to pay any fee or fine assessed under this chapter;
(2)
Had an alarm permit for the alarm site suspended, and the violation
causing the suspension has not been corrected; or
(3)
The alarm installation company and/or the monitoring company listed
on the permit application are not listed as having a valid Alarm License
issued by the Village of Floral Park, if so required.
D.
Each
alarm permit application must include the following information:
(1)
The name, complete address (including apt/suite number), and telephone
numbers of the person who will be the permit holder and be responsible
for the proper maintenance and operation of the alarm system and payment
of fees assessed under this article;
(2)
The classification of the alarm site as either residential (includes
apartment, condo, etc.) or commercial;
(3)
For each alarm system located at the alarm site, the classification
of the alarm system (i.e., burglary, holdup, duress, panic alarm or
other) and, for each classification, whether such alarm is audible
or silent;
(4)
Mailing address, if different from the address of the alarm site;
(5)
Any dangerous or special conditions present at the alarm site;
(6)
Type of business conducted at a commercial alarm site; and
(7)
Signed certification from the alarm user stating the following:
(a)
The date of installation, conversion or takeover of the alarm system,
whichever is applicable;
(b)
The name, address, and telephone number of the alarm installation
company or companies performing the alarm system installation, conversion,
or takeover and of the alarm installation company responsible for
providing repair service to the alarm system;
(c)
The name, address and telephone number of the monitoring company
if different from the alarm installation company;
(d)
That a set of written operating instructions for the alarm system,
including written guidelines on how to avoid false alarms, have been
left with the applicant by the alarm installation company;
(e)
That the alarm installation company has trained the applicant in
proper use of the alarm system, including instructions on how to avoid
false alarms; and
(f)
An acknowledgement that police response may be influenced by factors
including, but not limited to, the availability of officers, priority
of calls, weather conditions, traffic conditions, emergency conditions
and staffing levels.
E.
Any
false statement of a material fact made by an applicant for the purpose
of obtaining an alarm permit shall be sufficient cause for refusal
to issue a permit.
F.
An
alarm permit cannot be transferred to another person or alarm site.
An alarm user shall inform the Alarm Administrator of any change that
alters any of the information listed on the alarm permit application
within five business days of such change.
G.
All
fines and fees owed by an applicant must be paid before an alarm permit
may be issued or renewed.
H.
No
refund of a permit or permit renewal fee will be made.
I.
Government
entities, including, but not necessarily limited to the Village of
Floral Park and school districts in the Village, must obtain permits
for all alarm systems under their control, but are exempt from the
payment of permit and other fees. Government entities are subject
to all other applicable legal requirements.
An alarm permit shall expire one year from the date of issuance,
and must be renewed annually by submitting an updated application
and a permit renewal fee to the Alarm Administrator. The Alarm Administrator
shall notify each alarm user of the need to renew 30 days prior to
the expiration of the permit. It is the responsibility of the alarm
user to submit an application prior to the permit expiration date.
Failure to renew will be classified as use of a nonregistered alarm
system, and penalties shall be assessed without waiver. A late fee
of $25 shall be assessed if the renewal is more than 30 days late.
A.
An
alarm user shall:
(2)
Maintain the alarm site and the alarm system in a manner that will
minimize or eliminate false alarms;
(3)
Provide the monitoring company with updated names and telephone numbers
of at least two individuals who are able and have agreed to:
(5)
Not activate an alarm system for any reason other than an occurrence
of any event that the alarm system was intended to report.
B.
After
the effective date of this chapter, it is a violation for any person
to operate an alarm system in the Village of Floral Park that has
a siren, bell or other signal that is audible from any property adjacent
to the alarm site that sounds for longer than 10 consecutive minutes
after the alarm is activated; or that repeats the ten-minute audible
cycle more than two consecutive times during a single armed period.
An administrative fee of $100 shall be assessed for each violation
of this section.
C.
An
alarm user shall have an alarm installation company inspect the alarm
system after three false alarms within a one-year permit period. The
alarm user must have an alarm installation company, within 30 days
of written notice, modify the alarm system to be more false-alarm
resistant and provide additional user training as appropriate. An
alarm user shall submit a written statement from an alarm installation
company stating that the alarm system has been inspected and repaired
(if necessary) by the alarm installation company. Failure to comply
shall result in the suspension of the alarm user's permit.
D.
An
alarm user shall maintain at each alarm site a set of written operating
instructions for each alarm system.
E.
All
alarm users shall agree with their alarm installation company and/or
monitoring company to undertake an "acclimation period" for the first
seven days after installation of an alarm system, during which time,
the alarm installation company and/or monitoring company will have
no obligation to and will not respond to any alarm signal form the
alarm site, excluding panic, duress and holdup signals, and will not
make an alarm dispatch request to law enforcement, even if the alarm
signal is the result of an actual alarm event.
A.
Each
alarm installation company and alarm monitoring company shall designate
one individual as the Alarm Response Manager (ARM) for the company.
The individual designated as the ARM shall be knowledgeable with the
provisions of this chapter and shall as well as have the knowledge
and authority to deal with false alarm issues and respond to requests
from the Alarm Administrator. The name, contact number, and e-mail
address of the ARM shall be provided to the Alarm Administrator.
B.
Alarm
installation companies shall:
(1)
Upon the installation or activation of an alarm system, distribute
the alarm User information summarizing:
(2)
After the effective date of this chapter, not program alarm systems
so that they are capable of sending one plus duress alarms. Monitoring
companies may continue to report one plus duress alarms received from
alarm systems programmed with one plus duress alarms installed prior
to the effective date of this chapter.
(3)
Sixty days after the effective date of this chapter, on new installations,
use only alarm control panel(s) which meet ANSI/SIA CP-01 Control
Panel Standard features for false alarm reduction.
(4)
After the effective date of this chapter, not use an automatic voice
dialer for any alarm system which, when activated, uses a telephone
device or attachment to automatically dial a telephone line leading
into the Police Department and then transmits any prerecorded message
or signal. An administrative fee of $100 per incident shall be assessed
for any violation of this provision.
(5)
After completion of the installation of an alarm system, an employee
of the alarm installation company shall review with the alarm user
the Customer false alarm Prevention Checklist or an equivalent checklist
approved by the Alarm Administrator.
(6)
The Alarm Company shall ensure that all alarm users of alarm systems
equipped with a duress, robbery, holdup or panic alarm have been provided
adequate training as to the proper use of the alarm.
(7)
Each installation company must maintain, for a period of at least
one year after the date of the alarm system's activation, the
completed Customer false alarm Prevention Checklist. The Alarm Administrator
may request copies of such records for any individual alarm user.
The alarm installation company shall furnish the requested records
within 30 days after receiving the request. Failure to comply with
this subsection shall result in an administrative service fee of $50.
C.
A
monitoring company shall:
(1)
Not make an alarm dispatch request to a burglar alarm signal during
the first seven-day acclimation period after a burglar alarm system
installation, or adjustments during the "acclimation period" of nonresponse,
except in special circumstances, including but not limited to, domestic
violence and stalking.
(2)
Report alarm signals by using telephone numbers designated by the
Alarm Administrator.
(3)
Employ enhanced call verification on all burglar alarms. The Police
Department may refuse to accept burglar alarm calls from monitoring
companies that fail to perform enhanced call verification. Failure
to comply with this subsection shall incur an administrative service
fee of $50 per occurrence.
(4)
Communicate alarm dispatch requests to the Police Department in a
manner and form determined by the Alarm Administrator.
(5)
Communicate cancellations to the Police Department in a manner and
form determined by the Alarm Administrator.
(6)
Communicate any available information (north, south, front, back,
door, window, etc.) about the location of an alarm signal(s) as part
of an alarm dispatch request.
(7)
Communicate the type of alarm activation (silent or audible, interior
or perimeter), if available, on any alarm dispatch request.
(8)
Notify the Village of Floral Park Emergency Communications (Dispatch)
of any alarm site that it knows, or reasonably should know, is fitted
with a protective-reactive device. During any alarm at such a site,
a responsible party must be contacted and confirm that they will respond
to the alarm site to disarm the device. In all cases where a protective-reactive
device is present at an alarm site, the dispatch request shall include
a warning for officers not to enter the alarm site until the responsible
party is present and has disarmed the device.
(10)
After an alarm dispatch request, promptly advise the Police Department
if the monitoring company knows that the alarm user or responsible
party is on the way to the alarm site.
(11)
Contact the alarm user or responsible party within 24 hours via mail,
fax, telephone or other electronic means, to advise them that an alarm
dispatch request of the Police Department was issued.
(12)
Each monitoring company must maintain, for a period of at least two
years after the date of an alarm dispatch request, all records relating
to the alarm dispatch request. Records must include the name, address
and telephone number of the alarm user, each alarm system zone activated,
the time of alarm dispatch request and evidence of all attempts to
verify. The Alarm Administrator may request copies of such records
for any individual alarm user. The monitoring company shall furnish
the requested records within 30 days after receiving the request.
Failure to comply with this subsection shall result in an administrative
service fee of $50.
(13)
Each monitoring company shall, upon request, immediately provide
the Police Department with the names and phone numbers of the alarm
user's emergency contacts at the time of each alarm dispatch
request.
D.
Existing
accounts. Any alarm system installed prior to the effective date of
this chapter shall be registered by the alarm user within 45 days
after notification. An alarm installation company or monitoring company
shall, within 30 days after being notified in writing from the Alarm
Administrator, provide a alarm user list of existing alarm users in
the Village, including name, address, billing address, telephone number
and the telephone number of the law enforcement agency that they have
listed to call to report an alarm for that alarm site, to the Alarm
Administrator.
E.
Maintaining
tracking data. Thirty days prior to the first day of January of each
year, an alarm installation company or monitoring company shall provide
the Alarm administrator with a complete alarm user list of active
customers whose premises are located within the Village, to assist
the Alarm Administrator in creating and maintaining tracking data.
The customer information must be provided in a format acceptable to
the Alarm Administrator include the following:
F.
Conversion
or termination of alarm users. An alarm installation company or monitoring
company that converts the servicing of any alarm system account from
another company or terminates an account shall notify the Alarm Administrator
of such conversion of termination and shall provide the Alarm Administrator,
within 30 days from the date of conversion or termination, an alarm
user list of the converted or terminated accounts in a format acceptable
to the Alarm Administrator, that includes the following:
I.
New
alarm systems. Any alarm installation company that installs or activates
an alarm system on premises within the Village after the effective
date of this chapter must notify the Alarm Administrator within 10
days after the date of installation and provide the name, address,
billing address, and telephone number of the alarm user. The failure
to notify in accordance with the terms of this subsection shall result
in an administrative fee of $100 per incident against the alarm installation
company. The alarm installation company shall have the alarm user
complete a Customer false alarm Prevention Checklist. The alarm installation
company shall keep on file the completed checklist for up to one year
after the activation of the alarm system.
A.
Every
alarm installation company and every Alarm monitoring company serving
customers in the Village of Floral Park shall maintain a valid Alarm
License issued by the Village of Floral Park.
B.
The
alarm installation company shall provide the name, address and phone
number of any monitoring company that they are using to monitor their
alarm sites within the Village and monitoring companies shall do the
same for alarm installation companies that they monitor alarm sites
for within the Village.
B.
The
Alarm Administrator shall establish a procedure to record such information
on alarm dispatch requests necessary to permit the Alarm Administrator
to maintain records, including, but not limited to, the following
information:
(1)
Identification of the registration number for the alarm site;
(2)
Identification of the alarm site;
(3)
Date and time the alarm dispatch request was received, including
the name of the monitoring company and the Monitoring operator name
or number;
(4)
Date and time the police officer arrival at the alarm site;
(5)
Alarm Zone and Zone description, if available;
(6)
Identification of the responsible alarm installation company or monitoring
company;
(7)
Whether a police officer was unable to locate the address of the
alarm site; and
(8)
Cause of alarm signal, if known.
C.
The
Alarm Administrator shall establish a procedure for the notification
to the alarm user of a false alarm. The notice shall include the following
information:
D.
The
Alarm Administrator may require that a conference be held with an
alarm user and the alarm installation company or monitoring company
responsible for repairing or monitoring of the alarm system to review
the circumstances of any false alarms. The conference shall be held
in person or through a conference telephone call, at the Alarm Administrator's
discretion.
E.
The
Alarm Administrator shall create and implement an alarm user awareness
class or online alarm school. The Alarm Administrator shall request
the assistance of associations, alarm companies and law enforcement
agencies in developing and implementing the class. The class shall
inform alarm users of the problems created by false alarms and teach
alarm users how to avoid generating false alarms.
F.
The
Alarm Administrator shall require an alarm user to remove a holdup
alarm device that is a single action, nonrecessed button, or have
it replaced with an acceptable dual-action or recessed device after
the occurrence of a false holdup alarm.
G.
The
Alarm Administrator shall require an alarm user to remove the duress
or panic alarm capability from their alarm system after the occurrence
of a false alarm.
H.
The
Alarm Administrator shall make a copy of this chapter and/or an ordinance
summary sheet available to the alarm user.
A.
An
alarm user shall not program or cause to be programmed an automatic
voice dialer to select a primary trunk line or 9-1-1.
B.
An
alarm user shall disconnect or reprogram an automatic voice dialer
which is programmed to select a primary trunk line or 9-1-1 within
24 hours of receipt of written notice from the Alarm Administrator
that it is so programmed.
C.
Every
automatic voice dialer shall be programmed to dial a specific number
so designated by the law enforcement authority.
D.
Any
alarm user who violates this section shall be subject to a fine of
$100.
A.
An alarm user shall be subject to service fees, depending on the
number of false alarms within the one-year permit period based upon
the following schedule:
(1)
First false alarm: $25 (Waived for completing alarm school online);
(2)
Second false alarm: $50;
(3)
Third false alarm: $100;
(4)
Fourth false alarm: $200;
(5)
Fifth or subsequent false alarm(s): $250; and
(6)
Robbery, panic and burglary crime in progress false alarm service
fees: $150 for each false alarm.
B.
In addition, any person operating an unregistered alarm system will
be subject to a service fee of $100 for each false alarm in addition
to any other fees or fines.
C.
If cancellation of an alarm dispatch request occurs prior to a police
officer arriving at the scene, no false alarm will be assessed.
D.
Notice of a right to appeal to the Village Court under this chapter
will be included with any fees or fines.
E.
If any fee or fine assessed in this section is not paid within 30
days after a notice or invoice is mailed, a late fee in the amount
of $25 for each thirty-day period the fee or fine remains outstanding
shall be imposed.
A.
The Alarm Administrator shall notify the Police Department of each
alarm user whose alarm permit qualifies for suspension under this
section. The Alarm Administrator may suspend an alarm permit if it
is determined that:
(1)
There is a violation of this section by the alarm user;
(2)
There is a false statement of a material fact in the application
for a permit;
(3)
The alarm user has failed or refused to pay an alarm permit fee,
alarm permit renewal fee, false alarm service fee, any late fee, or
any other assessed fee under this section, for more than 30 days after
the fee is due. (This subsection shall apply to all classifications
of alarms, including burglary, burglary in progress, panic, duress,
hold-up and robbery); or
(4)
The alarm user has had five or more false burglar alarms within any
one-year period after the date of issuance of their annual permit.
B.
Once an alarm site is under suspension, the Police shall not respond
to any alarm.
A.
It is a violation of this chapter for a person to operate an alarm
system during the period in which the alarm permit is suspended. It
is a violation of this chapter for a monitoring company to make an
alarm dispatch request to an alarm site after the monitoring company's
Alarm Response Manager has been notified by the Alarm Administrator
that the permit for that alarm site has been suspended. The monitoring
company shall be assessed a service fee of $100 for each and every
such dispatch to an alarm site. If the fee is not paid within 30 days
after the invoice is mailed, a late fee in the amount of $25 per month
will be imposed on the monitoring company.
B.
Unless there is a separate indication that there is a crime in progress,
Emergency Communications shall not dispatch an officer to an alarm
site for which an alarm permit is suspended.
A.
On the first suspension of a permit, a person whose alarm permit
has been suspended may obtain reinstatement of the permit by the Alarm
Administrator if the person:
B.
On the second and every subsequent suspension of a permit, reinstatement may be obtained by compliance with Subsection A above and compliance with any of the following conditions that, in their discretion, the Alarm Administrator may require:
(1)
Upgrade the alarm control panel to meet SIA Control Panel Standard
CP-01;
(2)
A written statement from an independent inspector designated by the
Commissioner of Police or his designee that the alarm system has been
inspected and is in good working order;
(3)
Confirmation that all motion detectors are "dual technology" type;
(4)
Confirmation that the alarm system requires two independent zones
to trigger before transmitting an alarm signal to the monitoring company;
(5)
Confirmation that the alarm system requires two independent detectors
to trigger before transmitting an alarm signal to the monitoring company;
(6)
Written notice that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
listen-in device. This condition does not apply to residential property;
(7)
Written notice that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
camera device. This condition does not apply to residential property;
and
(8)
Written notice that the monitoring company will not make an alarm
dispatch request unless the need for an officer is confirmed by a
person at the alarm site.
C.
Upon receipt of reinstatement from the Alarm Administrator, the Police
Department shall reinstate its response to an alarm site as soon as
practicable. The alarm user and monitoring company shall take notice
that the alarm site has been officially reinstated only after receiving
notice from the Alarm Administrator of that fact.
A.
The Alarm Administrator shall notify the alarm user in writing after
each false alarm. The notification shall include a warning letter
if appropriate or the amount of the service fee for the false alarm.
The right of appeal to the Village Court under this chapter will be
included with the notice.
B.
The Alarm Administrator shall notify the alarm user in writing and
the appropriate alarm installation company or monitoring company by
electronic mail 30 days before an alarm response is to be suspended.
The right of appeal to the Village Court under this chapter will be
included with the notice.
A.
If the Alarm Administrator assesses a service fee, fine or denies
the issuance, renewal or reinstatement of an alarm permit, the Alarm
Administrator shall send written notice of the action and a statement
of the right to appeal to the Village Court to the appropriate affected
applicant, alarm user, alarm installation company or monitoring company.
B.
The alarm user, alarm installation company or monitoring company
may appeal to the Village court an assessment of a service fee, fine,
the suspension of an alarm permit, the denial of an alarm permit,
or suspension of response by setting forth in writing the reasons
for the appeal within 15 business days after notice of the action
of the Alarm Administrator.
C.
The alarm user or the alarm installation company or monitoring company
may appeal to the Village Court the decision of the Alarm Administrator
to the Village Court as follows:
(1)
The applicant, alarm user, alarm installation company or the monitoring
company may file a written request for appeal and by paying a fee
of $25, setting forth the reasons for the appeal within 20 business
days after the date of notification of the decision from the Alarm
Administrator.
(2)
The Village Court shall conduct a hearing of the appeal within 30
days of the receipt of the request and consider the evidence presented
by the individual filing the appeal or any interested parties. The
Village Court shall render its decision on the basis of the preponderance
of evidence presented at the hearing. The Village Court will render
a decision within 15 days after the date of the hearing.
D.
Filing of a request for appeal shall stay the action by the Alarm
Administrator suspending the payment of a fee or fine, the suspension
of an alarm permit, the denial of an alarm permit or suspension of
response until the Village Court has rendered its decision. If a request
for appeal is not made within the twenty-business-day period, the
action of the Alarm Administrator shall be final and not subject to
further review.
E.
Adjustment of number of false alarms.
(1)
The Alarm Administrator or Village Court, within their absolute discretion,
may adjust the count of false alarms based on:
(a)
Evidence that a false alarm was caused by action of a communications
services provider (i.e., telephone, cellular, cable company);
(b)
Evidence that a false alarm was caused by a power outage lasting
longer than four hours or severe weather such as a tornado or earthquake;
(c)
Evidence that the alarm dispatch request was not a false alarm;
(d)
Evidence of documented work orders showing reasonable and timely
attempts to repair the alarm system prior to additional false alarms;
or
(e)
Any other circumstances that demonstrate, by a preponderance
of the evidence, that it was not a false alarm.
(2)
In determining the number of false alarms, multiple alarms occurring
in any twenty-four-hour period may, but need not, be counted as one
false alarm to allow the alarm user time to take corrective action,
provided the false alarms are directly caused by the alarm user.
In the interest of public safety, all information contained
in and gathered through the alarm permit applications and records
relating to alarm dispatch requests shall be held in confidence by
all employees or representatives of the Village of Floral Park and
by any third-party administrator or employees of a third-party administrator
with access to such information.
Alarm Registration is not intended to, nor will it, create a
contract, duty or obligation, either expressed or implied, of response.
Any and all liability and consequential damage resulting from the
failure to respond to a notification is hereby disclaimed. All governmental
immunity as provided by law is retained. By applying for an alarm
permit, the alarm user acknowledges that response by the Village of
Floral Park and the Floral Park Police Department may be influenced
by numerous factors, including, but not limited to, the availability
of police units, priority of calls, weather conditions, traffic conditions,
emergency conditions, staffing levels, prior response history and
administrative obligations.
