[HISTORY: Adopted by the Council of the City
of Rye 5-4-1977 by L.L. No. 4-1977. Amendments noted where applicable.]
The purpose of this chapter is to establish
standards and controls of the various types of fire, intrusion, holdup
and other emergency signals from fire and police alarm devices that
require Fire Department or police response, investigation or safeguarding
of property at the location of an event reported by a signal which
is transmitted by telephone or radio or which is otherwise relayed
to the Police or Fire Department by an alarm device requiring investigation
or other action by any person acting in response to a signal actuated
by an alarm device, including such devices already in use within the
City.
For the purpose of this chapter, the following
definitions shall apply:
Any person who is employed by any business, firm, corporation
or other commercial entity that is licensed hereunder to conduct the
business of owning, operating, maintaining, installing, leasing or
selling fire or police alarm devices, whose duties may include any
of the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing, in or on any building,
place or premises, any fire or police alarm device as defined in this
chapter, within the City of Rye.
Any fire or police alarm device or aggregation of fire or
police alarm devices installed on or within a single building or on
or within more than one building or area adjacently located on a common
site, at a specific location.
Any business, firm, corporation or other commercial entity
which is in the business of owning, operating, maintaining, installing,
leasing or selling a fire or police alarm device or devices or systems
of fire or police alarm devices, which 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, subject to the license requirements of this chapter.
Any facility operated by a private firm that owns or leases
a system of fire or police alarm devices, which facility is manned
by operators who receive, record or validate alarm signals and relay
information about such validated signals to the Police or Fire Department
when appropriate.
Any fire or police alarm device which is a telephone device
or telephone attachment that automatically or electronically selects
a telephone line connected to a central alarm station and reproduces
a prerecorded message to report a criminal act or other emergency
requiring Police or Fire Department response.
[Amended 10-3-1990 by L.L. No. 16-1990]
Any fire or police alarm device connected directly by leased
telephone wires from a specific location to Police Headquarters or
Fire Department.
Any fire or police alarm device designed to be actuated by
a fire, criminal act or other emergency at a specific location or
by a victim of a holdup, robbery or other emergency or criminal act
at a specific location.
Any signal actuated by an emergency alarm to which the police
or Fire Department responds, which is not the result of a fire, holdup,
robbery or other crime or emergency.
Any device which, when actuated by a fire, criminal act or
other emergency requiring Police or Fire Department response, transmit
a prerecorded message or other signal by telephone, radio or other
means to a central alarm station or directly to the Police or Fire
Department or produces an audible or visible signal designed to notify
persons within audible or visible alarm range of the signal.
Any entry into an area or building equipped with one or more
police alarm devices by any person or object whose entry actuates
a police alarm device.
The City Clerk of the City of Rye.
Police Headquarters and other enclosures housing privately
or publicly owned equipment serving the Police Department.
A.
Unlawful to operate, maintain, install, lease or sell
a fire or police alarm device without a license. It shall be unlawful
for any person, business, firm, corporation or other commercial entity
to operate, maintain, install, lease or sell a fire or police alarm
device or devices or system of fire or police alarm devices, as defined
by the terms of this chapter, without first obtaining a license as
hereinafter provided.
B.
Authority to grant licenses and permits.
(1)
The licensing authority is hereby authorized to grant
a revocable license, upon approval of the Commissioner of Police,
to any business, firm, corporation or other commercial entity, authorizing
said business, firm, corporation or other commercial entity to do
business in the City of Rye by performing any or all of the following
functions: to own, operate, maintain, install, lease or sell a fire
or police alarm device or devices or system of fire or police alarm
devices.
[Amended 10-14-1981 by L.L. No. 5-1981]
(2)
The licensing authority is hereby authorized to grant
a revocable license, upon approval of the Commissioner of Police,
to any alarm agent.
[Amended 10-14-1981 by L.L. No. 5-1981]
(3)
The licensing authority is hereby authorized to grant
a revocable permit to any owner of property located within the City
of Rye or the lessee thereof to operate, maintain, install and modify
a fire or police alarm device.
(4)
All presently existing fire or police alarm devices
and systems of fire or police alarm devices and present owners and
lessees of premises having such devices or systems must comply with
all provisions of this chapter by July 1, 1977.
Applications for licenses and permits shall
be made as follows:
A.
All businesses, firms, corporations or other commercial
entities which are in the business of owning, operating, maintaining,
installing, leasing or selling a fire or police alarm device or system
of fire or police alarm devices, who desire to conduct business in
the City of Rye, shall apply to the licensing authority for a business
license, on a form to be supplied by the licensing authority. The
application shall contain specific provisions relating to the quality,
efficiency and effectiveness of the device or system of devices owned
or to be operated, maintained, installed, leased or sold by the business
licensee, testing procedures involved and any other information the
licensing authority shall determine to be reasonably necessary to
effectuate the purpose of this chapter. Such business license shall
be issued for a one-year period, on a calendar year basis or part
thereof, and no license shall extend beyond December 31 of each year.
Notwithstanding this provision, a person having such business license
may act as such business licensee through January 31 of the year following
expiration of his license.
B.
Any person who is to be an alarm agent in the City
of Rye, before acting as such alarm agent, shall apply for and receive
a revocable alarm agent license. The application shall be made to
the licensing authority on a form to be supplied by the licensing
authority. The application shall contain specific provisions relating
to the fire or police alarm device or devices, holdup alarms, dial
alarms or alarm installations which are to be sold, leased, installed,
operated or maintained by the alarm agency, the skill and competency
of the applicant as an alarm agency and such other information as
the licensing authority determines to be reasonably necessary to effectuate
the purpose of this chapter. Such license shall be issued for a one-year
period, on a calendar year basis or part thereof, and no license shall
extend beyond December 31 of each year. Notwithstanding this provision,
a person having an alarm agent license may act as such alarm agent
through January 31 of the year following expiration of his license.
C.
Any property owner or lessee of property in the City
of Rye having on its premises a fire or police alarm device or system
or fire or police alarm devices shall apply to the licensing authority,
on a form to be supplied by the licensing authority, for a permit
to own or otherwise have such a device on his or its premises. The
application shall contain provisions relating to the device or system
of devices installed or to be installed on the premises. Application
for permits for fire or police alarm devices existing in premises
on the effective date of this chapter must be made to the licensing
authority. No such devices may be installed on the premises of the
owner or lessee, after the effective date of this chapter, prior to
the licensing authority's having issued a permit to such owner or
lessee, and no presently existing fire or police alarm device shall
be modified, after the effective date of this chapter, prior to the
licensing authority's having issued a permit to such owner or lessee.
Such permit shall be obtained on an annual basis.
[Amended 11-15-1989 by L.L. No. 11-1989]
[Amended 12-4-1985 by L.L. No. 16-1985; 8-20-1986 by L.L. No. 12-1986]
License fees and use charges shall be as follows:
A.
Business license: $100 per calendar year or part thereof,
in addition to use charges, except those persons holding a valid alarm
business license issued by the County of Westchester, for which this
fee shall be $25.
B.
Alarm agent license: $25 per calendar year or part
thereof, except those persons holding a valid alarm business license
issued by the County of Westchester, for which this fee shall be $10.
C.
Owner or lessee permit: no charge, except use charge
where applicable.
D.
A fee of $15 per calendar year or part thereof is
established for each signal directly connected to police headquarters
or the Fire Department, which fee shall be paid by the business licensee
to the City Comptroller during January of each year or during the
first month of operation on new installations.
E.
Any owner or lessee who maintains a burglar or fire
alarm shall pay a fee of $30 per calendar year or part thereof to
the City Comptroller during January of each year or during the first
month of operation on new installations.
[Amended 11-15-1989 by L.L. No. 11-1989; 12-18-1996 by L.L. No. 12-1996; 12-20-2000 by L.L. No. 7-2000]
A license issued under this chapter may be suspended
or revoked by the licensing authority, after notice and hearing by
the licensing authority, for the violation of any of the provisions
of this chapter or of any regulation or regulations promulgated by
the licensing authority pursuant to this chapter, and any license
or identification card issued hereunder shall be surrendered immediately
to the licensing authority upon suspension or revocation. No part
of a license fee shall be refunded when a license is suspended or
revoked. Any applicant whose application for a license or permit has
been denied, or any business licensee, alarm agent, owner or lessee
whose license has been suspended or revoked by the licensing authority,
may appeal such denial, suspension or revocation in writing to the
City Manager within 30 days after the date of denial or of the notice
of suspension or revocation and may appear before such City Manager,
at a time and place to be determined by the City Manager, in support
of his or her or its contention that the license should not have been
denied, suspended or revoked. The decision of the City Manager shall
be final.
Every business, firm, corporation or other commercial
entity conducting the business of owning, operating, installing, leasing
or selling fire or police alarm devices within the City of Rye shall
maintain complete and accurate records of all installations of alarm
systems in the City of Rye and shall produce such records for inspection
by the licensing authority upon demand.
A.
Limitation. No fire or police alarm device shall be
connected to or use any telephone line connected to Police Headquarters
or the Fire Department except those lines authorized by the licensing
authority. The owner and licensee of any such fire or police alarm
device which is connected either directly or indirectly to Police
Headquarters by a telephone line which has not been authorized for
use for such purpose as aforesaid, on and after July 1, 1977, shall
be in violation of this chapter and be subject to the penalty provisions
hereof.
B.
Intentional false alarm. It shall be a violation of
this chapter to intentionally cause a false holdup alarm, and any
person who does intentionally cause a false holdup alarm shall be
subject to the penalty provisions hereof.
C.
Emergency alarms and charges.
(1)
Any owner or lessee of property having a fire or
police alarm device or system of fire or police alarm devices on his
or her premises on the effective date of this chapter, and any user
of services or equipment furnished by a licensee under this chapter,
shall pay to the City Comptroller a charge for each and every emergency
alarm to which the Police or Fire Department responds, in each calendar
year, as follows:
[Amended 12-16-1992 by L.L. No. 16-1992; 12-20-2000 by L.L. No. 7-2000; 12-18-2002 by L.L. No. 8-2002]
|
Number of Emergency
Alarms Each Year
|
Charge
|
|---|---|
|
First
|
No charge
|
|
Second
|
No charge
|
|
Third and fourth (each)
|
$100.00
|
|
Over 4 (each)
|
$200.00
|
(2)
Such charges shall be paid to the City Comptroller
upon demand by the City. The above charges shall be waived by the
City Comptroller if it is established by the owner or lessee, to the
reasonable satisfaction of the Commissioner of Police, that the alarm
to which the Police or Fire Department responded was not a false emergency
alarm, and the said Chief so certifies to the City Comptroller. The
failure to pay any such charges shall subject the owner, lessee or
user to the penalty provisions of this chapter and to revocation of
the permit for such alarm device or devices.
[Amended 10-14-1981 by L.L. No. 5-1981]
D.
Installation and maintenance. The installation and
maintenance of fire or police alarm devices permitted by this chapter,
including the connection to Police Headquarters and Fire Department,
shall be made at no cost to the City. The owner or lessee shall be
responsible for the maintenance and service of his or its fire or
police alarm equipment and shall be responsible for all malfunctions
of his or its equipment.
E.
Change of location. If the location of Police Headquarters
should be changed at any time, the City shall not be responsible for
any expense incurred by the owner or lessee or business licensee or
alarm agent for moving alarm systems or reconnecting such systems
to the relocated Police Headquarters or elsewhere.
F.
Removal of unlawful equipment. In addition to any
other remedy provided by law, the licensing authority, whenever it
shall have knowledge of the use of any fire or police alarm device,
cabinet or attachment or telephone terminal which is not operated
or maintained in accordance with the provisions of this chapter or
which is contrary to regulations promulgated pursuant to this chapter,
and after notice and hearing by the licensing authority, may order
the removal of the same from Police Headquarters, and it shall be
unlawful to disobey such order.
G.
Rules, regulations and enforcement. The licensing
authority shall promulgate reasonable rules, regulations and standards,
which shall be approved by the City Manager, that may reasonably be
necessary for the purpose of assuring the quality, efficiency and
effectiveness of fire or police alarm devices and alarm installations
owned, operated, maintained, installed, leased or sold by a licensee
under this chapter, and to facilitate the administration of this chapter.
The licensing authority shall administer and enforce the provisions
of this chapter. The aforesaid rules, regulations and standards shall
be set forth in writing and copies shall be available for applicants.
A.
Central alarm station systems. The Commissioner of
Police is hereby authorized to prescribe the location and the manner
of installation of private or regular business telephone lines into
Police Headquarters from a central alarm station for the express purpose
of providing direct telephone communications between a central alarm
station and Police Headquarters for use in reporting holdup alarms.
[Amended 10-14-1981 by L.L. No. 5-1981]
B.
Direct alarm systems. The Commissioner of Police is
hereby authorized to prescribe the location and the manner of installation
of all cabinets, accessories, connections and equipment of an approved
direct alarm system within Police Headquarters or Fire Department
for the purpose of providing a direct alarm system where the visible
and audible signals therefrom may be readily seen and heard by police
or fire personnel.
[Amended 10-14-1981 by L.L. No. 5-1981]
C.
External alarms. Alarms which are designed to be heard
outside of the building are prohibited, except any external alarm
that is installed which shall be capable of and shall automatically
terminate its operation within five minutes of being activated is
permitted.
D.
Internal alarms. Internal alarms must be regulated
and maintained so that the sound therefrom will not cause a disturbance
to the immediate neighbors. Any audible burglar alarm that is installed
shall be capable of and shall automatically terminate its operation
within 10 minutes of its being activated.
E.
Exceptions. None of the provisions of this chapter
shall apply to a fire or police alarm device or devices installed
in a motor vehicle or trailer, nor to employees of a public utility
company engaged in the business of providing communication, services
or facilities.
F.
No person shall use or cause or permit to be used,
any alarm device that automatically selects a telephone trunk line
of the Police or Fire Department of the City of Rye and then reproduces
any prerecorded voice messages to report any robbery, burglary or
fire. The use of any dial alarm device which relays a digital coded
signal to the central alarm monitoring facility is permitted under
this chapter.
[Added 10-3-1990 by L.L. No. 16-1990]
Any person, firm or corporation who does not
pay any charge or fee established in this chapter or who violates
any provision of this chapter shall be subject to a fine not in excess
of $250 for each offense. A separate offense shall be deemed committed
upon each day during which a violation occurs or is committed.
