[HISTORY: Adopted by the Board of Trustees of the Village
of South Nyack 3-9-1982 by L.L.
No. 2-1982. Amendments noted where applicable.]
The intent of this chapter is to provide for the regulation
and setting of standards for police, fire or other emergency alarm
systems in the Village of South Nyack, Town of Orangetown, County
of Rockland, State of New York, together with fees, procedures for
connection of such devices, together with the issuance of licenses
and permits for the operation of such devices, together with penalties
for violations of this chapter. This chapter shall pertain to various
types of burglar, fire and other emergency alarm devices, whether
actuated by direct line, radio, telephone or other means.
As used in this chapter, the following terms shall have the
meanings indicated:
Any type of alarm system actuating equipment that provides
a warning of intrusion, fire, smoke, flood or other peril.
That type of device using telephone lines transmitting an
alarm directly to the South Nyack-Grand View Police Department or
to any switchboard that relays the alarm or that reports the alarm
to the South Nyack-Grand View Police Department.
Any alarm actuated by inadvertence, negligence or intentional
act of someone other than an intruder and shall also include alarms
caused by malfunction of the alarm device or other relevant equipment.
Any alarm or device which, when activated, produces an audible
or visual signal which is not connected to the telephone lines of
the South Nyack-Grand View Police Department and which can be heard
or seen by the general public.
[Amended 5-10-1983 by L.L. No. 3-1983]
It shall be unlawful for any person, firm, association or corporation
to connect, cause to be connected or to continue to be connected any
dial alarm into the Village police telephone or any other telephone
which is maintained by the Village of South Nyack or any device which
automatically connects the alarm device to and causes a message to
be received by any Village police or other Village telephone, unless
such person, firm, association or corporation obtains a permit therefor
issued by the Village Clerk of the Village of South Nyack.
[Amended 5-10-1983 by L.L. No. 3-1983]
It shall be unlawful for any person, firm, association or corporation
to connect, install or to continue to be connected or installed any
local alarm within the Village of South Nyack, unless such person,
firm, association or corporation has obtained a permit therefor from
the South Nyack Village Clerk.
Any person, firm, association or corporation who or which owns,
operates or maintains a dial alarm or local alarm device shall make
application to the Village Clerk for a permit therefor on a form supplied
by the Village Clerk. The application shall specify the name, address
and telephone number of the owner and user of the alarm device, the
exact location of the alarm device, the name and address of the installer
of said device, the type of device, the name and address of the individual
or firm regularly servicing said device, any provisions relating to
false alarms and testing procedures, a list of names and addresses
of persons to be contacted in the event of an alarm and other information
relating to the alarm device as set forth by the Chief of Police.
The Village Clerk is the designated official for the Village
of South Nyack to issue and renew permits, to remove or suspend permits
and to otherwise enforce and apply the provisions of this chapter
with the assistance of the Police Chief.
An application for a permit or permit renewal may be denied
if the Chief of Police disapproves the equipment intended to be used
or continued by the applicant or the manner of use thereof or if the
applicant has violated any other provisions of the law or is in default
in the payment of the annual fee.
All permits as may be granted hereunder shall be accepted upon
the express conditions that:
A.
The permittee shall defend, indemnify and save harmless the Village
of South Nyack and its authorized officials, agents and employees
from and against any and all damages, costs, expenses and liability
arising out of the acts of or failure to act of the Village of South
Nyack or arising out of any defects, deficiencies or inadequacies
in any alarm device or devices for which a permit has been granted
or in any installation, monitoring or maintenance thereof or by reason
of any malfunction or defect in the operation or maintenance of the
alarm.
B.
The permittee shall comply with all other provisions of this chapter.
[Amended 5-10-1983 by L.L. No. 3-1983; 11-15-1988 by L.L. No. 10-1988]
Each application for permission to connect or to continue the
connection of a dial alarm device to a Village-designated telephone
shall be accompanied by a fee to be determined by resolution of the
Board of Trustees.[1]
[1]
Editor's Note: Original § 5-10 of the 1966
Code, Dial alarm renewal fee, as amended, which immediately followed
this section, was repealed 11-15-1988 by L.L. No. 10-1988.
[Amended 5-10-1983 by L.L. No. 3-1983; 11-15-1988 by L.L. No. 10-1988]
Each application for permission to install, operate or to continue
to install and operate a local alarm shall be accompanied by a fee
to be determined by resolution of the Board of Trustees.[1]
[1]
Editor's Note: Original § 5-12 of the 1996
Code, Local alarm renewal fee, as amended, which immediately followed
this section, was repealed 11-15-1988 by L.L. No. 10-1988.
[Amended 5-10-1983 by L.L. No. 3-1983]
Each such permit granted for the installation, connection or
the continued maintenance and connection of a dial or local alarm
device shall expire one year from the date of issuance thereof, except
that any person who has obtained and paid for a permit under this
chapter between March 9, 1982, and the effective date of the amendment
adopted by L.L. No. 3-1983 shall be entitled to two annual renewals
without any additional fee.
All equipment to be used by the applicant shall be described
in the application and shall be a type approved by the Federal Communications
Commission and the Chief of Police of the South Nyack-Grand View Police
Department.
It shall be the responsibility of the owner of such alarm equipment
to maintain the same in proper operating condition at all times. In
the event of the failure of any licensee to properly maintain such
equipment in such a manner as to limit false alarms, the service provided
by the Village may be discontinued upon 10 days' notice to the
applicant, addressed to the address stated on the application.
[Amended 6-25-2019 by L.L. No. 3-2019]
In the case of false alarms, any person having knowledge thereof shall immediately notify the Police Department in a manner to be prescribed by rules and regulations as set forth by the Police Department. In addition, in the case of false alarms, the Police Chief shall cause an investigation to be made, shall issue summons therefor and shall make a report of all incidents and keep a record of the same. False alarms are subject to a Type B penalty as set forth in § 1-15 of the Village Code. For a fourth false alarm in the same calendar year, the Chief of Police may issue a written notice to the owner or operator of said alarm equipment requiring that he disconnect the same from service.
Any unauthorized equipment may be ordered disconnected by the
Chief of Police or his designated representative for noncompliance
with this chapter. Any person installing or maintaining unauthorized
equipment shall be prosecuted for violation of this chapter. Each
and every day that said equipment is in operation shall be considered
a separate violation.
[Amended 6-25-2019 by L.L. No. 3-2019]
Any person, partnership or corporation who or which commits, takes part or assists in any violation of any provisions of this chapter shall, upon conviction, be subject to a Type A penalty as set forth in § 1-15 of the Village Code.
