[HISTORY: Adopted by the Board of Supervisors (now County Legislature)
of the County of Sullivan 5-20-1999 by L.L. No.
3-1999. Amendments noted where applicable.]
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, break-in, movement, fire or smoke. When activated, said alarm
produces an audio or visual signal which may be connected to the telephone
lines of an alarm company provider or which can be heard or seen by the general
public. This chapter shall not apply to an alarm device installed in a motor
vehicle, water vessel or aircraft or that is a battery-operated smoke detection
device.
An alarm device which is connected to a telephone line and upon activation
of an alarm device automatically dials a predetermined telephone number and
transmits a message or a signal indicating the need for emergency response
by any law enforcement agency.
Any alarm signal from an alarm device or notification from an answering
service which results in a response by any fire department or any police department,
including the Sullivan County Sheriff, within the County of Sullivan, where
an emergency situation does in fact not exist. The term "false alarm" shall
include inadvertence, negligence or an intentional act of someone other than
an intruder and shall include, as well, an alarm caused by malfunction of
the alarm device or other relevant equipment. An alarm set off by an act of
God, which shall include, but is not limited to, wind, lightning and other
extreme weather conditions, shall not be considered a false alarm.
Any individual, firm, company, partnership or corporation.
A.
It shall be unlawful for any person to connect or install
or to continue to be connected or installed any alarm device within Sullivan
County unless a permit has first been obtained from the Sullivan County Sheriff's
Department.
B.
The alarm holder shall file a permit application containing
clear, concise directions to the property and the name of the person or persons
to be notified in case of emergency.
C.
Said permit shall be valid until the expiration date
contained thereon, unless such permit is suspended, revoked or cancelled.
All fines must be paid prior to renewal of said permit. No permit shall be
renewed if there are any outstanding, unpaid fines imposed pursuant to a violation
of this chapter. Failure to pay any fine imposed pursuant to a violation of
any of the provisions of this chapter within 30 days of notification of said
fine will result in suspension of the aforementioned permit.
D.
Failure to have a valid permit will result in a notice
of violation issued to the alarm holder, a positive finding of which shall
result in a fine of $100, in addition to any other fines which may be imposed
pursuant to this chapter. If the alarm holder provides proof that he/she has
complied with the provisions of this section within 30 days of notice of violation,
no fine shall be imposed.
E.
All information disclosed by any person filing for a
permit under this provision shall be confidential and shall not be disclosed
by the Sullivan County Sheriff except in the course of law enforcement.
A.
The permit application form required by § 83-2B shall be accompanied by a nonrefundable fee of $10 per year in the case of residential alarms and $15 per year in the case of commercial alarms. Such fees may be modified from time to time by resolution of the County Legislature.
B.
A person who is "disabled," as defined in Social Services
Law § 208, Subdivision 5, or a person over the age of 70 years old
shall be exempt from the payment of any fees for such permit.
At the time of issuance of a permit, an alarm identification number
shall be issued. Said identification number shall be posted in the manner
so as to be visible from the street on which the property is located. Whenever
any building is situated more than 50 feet from the street line, the alarm
identification number shall be fixed to a gatepost, fence, tree, post or other
appropriate place so as to be easily visible from the street line, and so
as to show clearly, if not otherwise evident, which is the driveway of the
property.
A.
Any person engaged in the business of selling, installing,
servicing or maintaining alarm devices in Sullivan County shall file with
the Sullivan County Sheriff's Department a copy of a valid license issued
pursuant to Article 6D of the General Business Law.
B.
Any person engaged in the business of selling, installing,
servicing or maintaining alarm devices in Sullivan County shall prepare and
file annually, with the Sullivan County Sheriff's Department, a report
containing the number of alarm customers serviced at the beginning of the
preceding calendar year, the number of alarms installed during the preceding
calendar year and the number of alarms disconnected during the preceding calendar
year. Said annual report shall be filed no later than January 31 of each year.
C.
A licensed alarm company engaged in the business of installing,
servicing or maintaining alarm devices in Sullivan County shall inspect all
alarm devices of customers upon issuance of the initial permit of newly installed
alarm devices or if a customer has had more than two false alarms within the
preceding calendar year and shall provide a certification to said customer
indicating that said alarm device is in good working order. Said certificate
shall be filed with the permit application by said customer. If the alarm
device is installed, serviced or maintained by the customer or someone other
than a licensed alarm company, the permit application shall indicate the same,
but the customer shall be required to obtain and file a certificate indicating
that said alarm device has been inspected by a licensed alarm company nonetheless.
A.
No alarm device which produces an exterior audible signal
shall be installed unless its operation is automatically restricted to a maximum
of 20 minutes.
B.
A violation of this section will result in the issuance
of a notice of violation, conviction of which shall result in a fine of $100,
in addition to any other fines which may be imposed pursuant to this chapter.
A.
It shall be a violation of this chapter for any automatic
telephone direct dial service device to be connected to the emergency telephone
lines of any 911, fire department or any police department, including the
Sullivan County Sheriff's Department, within the County of Sullivan.
B.
A violation of this section will result in the issuance
of a notice of violation, conviction of which shall result in a fine of $100,
in addition to any other fines which may be imposed pursuant to this chapter.
A.
Fines shall be imposed for the repeat false alarms at
the same property address in the same calendar year as follows:
(1)
For the first false alarm, a warning shall be issued
and a written notice shall be sent to the alarm holder with an educational
pamphlet on how to avoid false alarms.
(2)
For the second false alarm, a written notice shall be
sent by the Sullivan County Sheriff, certified mail, to the alarm identification
permit holder, advising that if there is another false alarm, a fine will
be imposed.
(3)
For the third false alarm, a notice of violation shall
be issued, conviction of which shall result in a fine of $50.
(4)
For the fourth false alarm, a notice of violation shall
be issued, conviction of which shall result in a fine of $125.
(5)
For the fifth and subsequent false alarms, a notice of
violation shall be issued, conviction of which shall result in a fine of $250
on each.
(6)
Anything above to the contrary notwithstanding, this
chapter shall not be applicable until 61 days after installation of a new
system.
There is hereby established an Alarm Review Board consisting of one
person appointed by the Sheriff, two members from alarm businesses and two
members of the general public, appointed by the Legislature, to conduct a
hearing, make a finding, in writing, and impose a fine in accordance with
the provisions of this chapter.
A.
Any person who has been issued a notice of violation
pursuant to this chapter may request a hearing, in writing, before the Alarm
Review Board within 20 days of receipt of the notice of violation.
B.
If a hearing is requested and not attended, then the
Review Board shall impose a fine and notify the violator, and the fine must
be paid within 30 days of the mailing of the notification.
C.
If a hearing is not requested, the Sheriff shall notify
the violator that a fine has been imposed in the amount stated on the notice
of violation and that said fine must be paid within 30 days of the mailing
of the notification.
A.
The Sullivan County Law Department may commence a proceeding
in any court of competent jurisdiction for the amount of any fines assessed
herein or any delinquent permit fee. If any judgment is not paid within five
days of issuance, said judgment shall be filed with the Sullivan County Clerk's
office and same shall be a lien against the real property.
B.
This chapter shall be applicable in the County of Sullivan
except to any territory in a municipality which has adopted its own local
law covering the same subject matter.
This chapter shall be filed with the Secretary of State and shall be
effective on January 1, 2000.
