[HISTORY: Adopted by the Town Board of the
Town of Yorktown 9-16-1986 by L.L. No. 23-1986. Amendments noted where
applicable.]
The Town of Yorktown recognizes the need to
regulate the installation, maintenance and use of emergency alarm
systems designed to require Police Department and Fire Department
response, investigation and safeguarding of property at the location
of an event reported by such signal. Such regulation will protect
and promote the health, safety and welfare of the residents of the
Town of Yorktown. It is the further intent of this chapter to reduce
in number false alarms and to encourage the use and proper maintenance
of reliable emergency signal systems.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The written authorization of the New York Secretary of State
granted to any person to engage in the business of installing and/or
servicing police or fire alarm devices in the state.
[Amended 7-20-1993 by L.L. No. 22-1993]
Any person, business, firm, corporation or other commercial
entity which is in the business of owning, operating, maintaining,
installing, leasing or selling a police or fire alarm device or devices,
which person, business, firm, corporation or other commercial entity
is, as owner, operator, provider of maintenance service, installer,
lessor or seller of said device, devices or system of devices, licensed
pursuant to the requirements of the laws of the State of New York.
[Amended 7-20-1993 by L.L. No. 22-1993]
The written authorization of the license authority granted
to any person, business, firm, corporation or other entity to install
or maintain or cause to be installed or maintained in his place of
residence or business any police or fire alarm device, devices or
system of police or fire alarm devices.
The period from April 1 until the next succeeding March 31,
except the first alarm permit year shall commence on the effective
date of this chapter and end on March 31, 1988.
Any facility operated by a private firm that owns or leases
a system of police or fire alarm devices, which facility is manned
by operators who receive, record or validate alarm signals to the
Police Department or Fire Department when appropriate.
Any signal actuated by a police or fire alarm device, devices
or system of police or fire alarm devices which is not the result
of natural disaster, act of God, a criminal act, fire or other emergency
requiring police or fire response. The term "false alarm" shall include
human error and equipment malfunction causing the alarm to be activated
and which results in police or fire response.
The Building Inspector of Yorktown.
[Amended 4-20-1988 by L.L. No. 15-1988]
Any device which, when activated by a criminal act, fire
or other emergency transmits a prerecorded message or other signal
by telephone, radio, central alarm station or audible or visible signal
designed to cause any person within audible or visual range to notify
the Police Department or Fire Department, requiring their respective
emergency response.
Any device which, when activated by fire or smoke or other
emergency, is designed to alert only the occupants of the building
in which the smoke and/or heat detectors are installed of said emergency.
It shall be a violation of this chapter for
any automatic telephone-dialing device to be directly connected to
the emergency telephone lines of the Police Department. Any such automatic
telephone dialing device may be connected to a central alarm station,
other answering service or to the Police Department on a specified
telephone line only.
It shall be a violation of this chapter for
any police or fire alarm device to be connected to the Police Department.
Any such police or fire alarm devices may be connected to a central
alarm station or other answering service for notification to appropriate
service.
No person shall install, cause to be installed,
maintain or cause to be maintained in a structure, building or establishment
in the Town of Yorktown an external audible police or fire alarm device
which does not also contain an automatic cutoff system or feature
automatically cutting off the source of power to the alarm device
after it has sounded for a period of no longer than 15 minutes.
A.
Alarm license required. It shall be a violation of
this chapter for any person to engage in the business of installing
and/or servicing any police or fire alarm device without having obtained
an alarm license.
[Amended 7-20-1993 by L.L. No. 22-1993]
B.
Alarm permit required. It shall be a violation of
this chapter for any owner or lessee of any police or fire alarm device
to install, maintain or cause to be installed or maintained in his
or her place of residence or business a police or fire alarm device
without having obtained an alarm permit from the licensing authority.
No alarm permit shall be issued by the licensing authority unless
the proposed installer of the police or fire alarm device is an alarm
licensee and unless the police or fire alarm device or devices proposed
to be installed or maintained conform to the requirements of this
chapter. Notwithstanding the foregoing, where an applicant applies
for an alarm permit for a police or fire alarm device installed prior
to the effective date of this chapter, said application shall not
be denied solely on the basis of the fact that said device was not
installed by an alarm licensee.
All applications for alarm permits shall be
submitted to the licensing authority on a form to be supplied by the
licensing authority. Said application shall include a description
of the police or fire alarm device, devices or system of police or
fire alarm device installed, maintained or to be installed and such
other information as shall be required by the licensing authority.
[Amended 12-18-1990 by L.L. No. 25-1990; 6-6-2017 by L.L. No.
9-2017]
Under no circumstances shall the cost of any
police or fire alarm device, devices or system of police or fire alarm
devices, including any connections to the Police Department or Fire
Department, and the maintenance of the same, be charged to the town,
the Police Department or the Fire Department. The owner or lessee
of such police or fire alarm devices shall be solely responsible for
the service of his or her police or fire alarm devices and/or correcting
any malfunction of the same that may occur. If the location of the
Police Department or Fire Department should be changed, the town shall
not be held responsible for any expense incurred by the owner or lessee
of such police or fire alarm devices for moving or reconnecting to
the relocated Police Department or Fire Department. Direct connection
to the Fire District fire alarm lines shall be regulated by the Fire
Commissioners of each district.
A.
The Police Chief of the Town of Yorktown shall cause to be kept an
up-to-date and accurate log of all false alarms occurring in the Town
and shall transmit a report of such false alarm to the licensing authority
and the Town Board on a monthly basis or, in the Chief's discretion,
on a more frequent basis. Any owner or lessee of property having a
police or fire alarm device, devices or system of police or fire alarm
devices on his or her premises shall pay to the licensing authority,
upon demand, a charge for each and every false alarm occurring on
his or her premises in any alarm permit year in an amount as set forth
in the Master Fee Schedule.[1]
[Amended 12-18-1990 by L.L. No. 25-1990; 6-6-2017 by L.L. No. 9-2017]
B.
In addition to the above charges, should more than six false alarms occur at any one premises during any one alarm permit year, the Town Board of the Town of Yorktown, following a hearing at which such owner or lessee may be present and present evidence, may revoke the alarm permit of the owner or lessee of such premises and order said owner or lessee of such premises and order said owner or lessee to disconnect or dismantle or otherwise remove from the Police Department of Fire Department and/or central alarm station any police or fire alarm device, devices or system of police or fire alarm devices causing such false alarms, at no expense to the town, and any failure by such owner or lessee to comply with said order within 10 days of its issuance shall be deemed to be a violation of this chapter pursuant to the provisions of § 105-16 of this chapter. The designation of a false fire alarm will be determined by the Fire Department and reported to the Police Department.
The licensing authority is hereby authorized
to grant revocable alarm permits, pursuant to rules and regulations
promulgated by the Town of Yorktown or its duly authorized representative.
All police and fire alarm permit fees and false
alarm charges shall be collected by the licensing authority.
It shall be the duty of the licensing authority
to maintain a record of alarm permits issued and to make a monthly
report of the same to the Town Board and Police Chief.
In order to implement the orderly institution
of all the requirements of this chapter, the owners or lessees of
any police or fire alarm devices, devices or systems of police or
fire alarm devices currently in use and required under the provisions
of this chapter to obtain an alarm permit shall obtain said alarm
permit no later than 60 days from the effective date of this chapter.
Any police or fire alarm device, devices or systems of police or fire
alarm devices currently in use which would be prohibited under the
provisions of this chapter must be removed no later than January 1,
1987.
A.
None of the provisions of this chapter shall apply to police or fire alarm devices installed in town-owned buildings, Fire Department-owned buildings, motor vehicles, trailers or to smoke and heat detectors. None of the provisions of § 105-10 of this chapter shall apply to public schools or private schools, as those terms are defined in Chapter 300, Zoning, of the Code of the Town of Yorktown.
[Amended 4-21-1987 by L.L. No. 8-1987]
B.
The Town of Yorktown shall take every reasonable precaution that alarm signals and prerecorded alarm messages received by the town are given appropriate and immediate attention. Nevertheless, the town shall not be liable for any defects in operation of any police or fire device or system of police or fire devices or alarm systems for any failure to respond appropriately on any alarm signal or for the transmission of alarm signals or messages or the relaying of such signals or messages. In the event that the town orders the disconnection or removal of a police or fire alarm device or system of police or fire alarm devices pursuant to the provisions of § 105-10 of this chapter, the town shall incur no liability therefrom.
[Amended 7-20-1993 by L.L. No. 1993]
Any person, business, firm, corporation or other
entity who does not pay any fee or charge established in this chapter
or who violates any provisions of this chapter shall be subject to
a fine not in excess of $250 or imprisonment for 15 days, or both,
for each offense. A separate offense shall be deemed committed upon
each day during which a violation occurs or is committed. Upon trial
of any violation of failure to pay a false alarm charge, the defendant
shall be entitled to a trial de novo.
In order to provide an assessment of this chapter's
operation, its effect upon the town and whether or not this provision
of law shall be continued, further amended or terminated, the Town
Board shall review the same no later than June 1, 1987.
