[Adopted 10-7-2013 by L.L. No. 1-2013]
The Village Board recognizes the value of alarms and monitoring
devices in protecting structures from intrusion and fire or other
hazards. The Police Department and the Fire Department have advised
the Board that there are many unnecessary calls made because of malfunctions
of these devices. Such call-outs expose our emergency responders to
unnecessary hazards, waste taxpayer money, and possibly deprive other
citizens of timely needed services. The intent of this article is
to reduce the number of unnecessary call-outs of our emergency responders.
As used in this article, the following terms shall have the
meanings indicated:
Any monitoring device which when activated calls for a police,
fire, or other emergency response and transmits a signal directly
to the police, fire department, or other emergency service, or transmits
to a person who relays information to the Police or Fire Department,
or other emergency service, or, produces audible or visible signals
to which the police, fire, or other emergency service is expected
to respond. Excluded from this definition are devices designated to
alert or signal only persons within the premises in which the device
is installed and devices which are activated by a release from a fire
suppression system.
A natural person, firm, association, corporation or other
legal entity or its representative or agent of such entity who is
the owner or lessee of an alarm system or who is in control of a premises
in which the alarm is installed.
It shall be unlawful for any person to allow the transmission
from an alarm system that is the result of mechanical failure, malfunction,
improper installation, or negligence of the user, his agents, or employees
or the transmission from an alarm system where the event triggering
the alarm is not a bona fide emergency and such alarm results in a
response from the police, fire, or other emergency service.
A.
Such violations of this article shall be reported to the Code Enforcement
Officer of the Village who shall have the authority to investigate
such violations, keep records of such violations, send notices of
violations, and impose civil penalties. A civil penalty must be paid
or appealed within 30 days of the issuance of the penalty. If such
penalty is unpaid after 30 days of the imposition of the penalty,
the penalty amount shall bear the rate of interest for a judgment
under the New York Civil Practice Law and Rules. The Code Enforcement
Officer is authorized to bring an action in a court of competent jurisdiction
for any penalty (with interest) not paid after one year of its imposition.
B.
Penalties. If within the calendar year, a person shall violate this
article the penalties shall be:
Notices of the imposition of any fine shall have a notice that
such fine may be appealed to the Village Board within 20 days of the
date of the notice of fine. The notice of the right to appeal shall
contain instructions as to the procedure for an appeal to the Village
Board.
