[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont 8-10-1981 by L.L. No. 6-1981. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — Ch. 334.
The purpose of this chapter is to establish
standards and controls of the various types of intrusion, holdup and
other emergency signals from police and fire alarm devices that require
police response, investigation and 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 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 in the Village of Larchmont, Town of Mamaroneck.
A schedule of fines and penalties for false alarms is also established.
This chapter is not intended to apply to fire alarm devices connected
directly to the Fire Department.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any police or fire alarm designed to be actuated by a criminal
act or emergency at a specific location or by a victim of a criminal
act or emergency at a specific location.
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 police or fire alarm devices, whose duties include any
of the following: selling, maintaining, servicing, repairing, altering,
replacing, moving or installing in or on any building, place or premises
any police or fire alarm device, as defined in this chapter, within
the Village of Larchmont.
Any police or fire alarm device or aggregation of police
or fire 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 police or fire alarm device or devices or system
of police or fire 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 police or fire alarm devices or in any way monitors equipment
or devices located in the Village of Larchmont for any alarm user
or alarm business, which facility is manned by operators who receive,
record or validate alarm signals and relay information about such
validated signals to the police when appropriate.
Any police or fire alarm device which is a telephone device
or telephone attachment that automatically or electronically selects
a telephone line connected to a central alarm station or police headquarters
and reproduces a prerecorded message to report a criminal act or other
emergency requiring police response.
Any signal actuated by an alarm which is not the result of
a criminal act or emergency.
Any false emergency alarm which is intentionally motivated.
Any entry into an area or building equipped with one or more
police or fire alarm devices by any person or object whose entry actuates
a police alarm device.
Business licenses shall be issued by the Village Board of
Trustees through its duly authorized representative; all others shall
be licensed by the Chief of Police.
Any device which, when actuated by a criminal act or unauthorized
intrusion or other emergency, transmits a prerecorded message or other
signal by telephone, radio or other means to a central alarm station
or directly to the police or produces an audible or visible signal
designed to notify any person within audible or visible alarm range
of the signal.
The Village of Larchmont in the Town of Mamaroneck, New York.
[Amended 9-14-1987 by L.L. No. 4-1987]
It shall be unlawful for any person, business,
firm, central alarm station, corporation or other commercial entity
to operate, maintain, monitor, install, lease or sell a police or
fire alarm device or devices or system of police or fire alarm devices,
as defined by the terms of this chapter, without first obtaining a
license as hereinafter provided.
A.
The licensing authority is hereby authorized to grant
a revocable license to any business, firm, corporation or other commercial
entity to do business in the Village of Larchmont by performing any
or all of the following functions: to own, operate, maintain, install,
lease or sell a police or fire alarm device or devices or system of
police or fire alarm devices.
B.
The licensing authority is hereby authorized to grant
a revocable license to any alarm agent.
C.
The licensing authority is hereby authorized to grant
a revocable permit to any owner of property within the Village of
Larchmont, or the lessee thereof, to operate, maintain, install and
modify a police or fire alarm device.
D.
All presently existing police or fire alarm devices
and systems of police or fire alarm devices and present owners and
lessees of premises having such devices or systems must comply with
all provisions of this chapter by December 31, 1980.
Application 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 police or fire alarm device or devices
or system of police or fire alarm devices who desire to conduct business
in the Village of Larchmont 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 other information
that 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 a business license
may conduct such business through January 31 of the year following
the expiration of his business license.
B.
Licensing of alarm agents.
(1)
Any person who is to be an alarm agent in the Village
of Larchmont, before acting as such alarm agent, shall apply for and
receive a revocable alarm 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 skill and competency of the applicant as an alarm agent and
such other information that 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 the expiration of his license. Each person to
whom an alarm agent license is issued shall also be issued by the
Police Department an identification card in a form approved by the
Chief of Police, which card shall include a recent photograph of the
alarm agent to whom the license is issued.
(2)
Each applicant (except an applicant applying for renewal
of his/her license on or before January 31 of the year following the
expiration of his/her previous license) shall complete with the Police
Department a full set of fingerprints and shall allow the Police Department
to take three photographs of him/her (passport size). The Police Department
is authorized and directed to forward such fingerprints to the New
York State Division of Criminal Justice Services for a criminal background
investigation.
C.
Any property owner or lessee of property in the Village
of Larchmont having on his/her or its premises an alarm device or
system or police or fire 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/her or its
premises. Application for permits for police or fire alarm devices
existing in premises on the effective date of this chapter must be
made to the licensing authority by December 31, 1980. No such device
may be installed on the premises of the owner or lessee after the
effective date of this chapter prior to the licensing authority having
issued a permit to such owner or lessee, and no presently existing
police or fire alarm device shall be modified after the effective
date of this chapter prior to the licensing authority having issued
a permit to such owner or lessee. Such permit need not be obtained
on an annual basis but shall be obtained each time a device or system
is to be installed or modified.
[Amended 5-21-1984 by L.L. No. 1-1984]
License fees shall be as fixed by the Village
Board from time to time.
A license or permit 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 such 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 alarm agent, owner or lessee whose license
or permit has been suspended or revoked by the licensing authority
may appeal such suspension or revocation in writing to the Board of
Trustees within 30 days after the date of the notice of suspension
or revocation and may appear before such Board of Trustees at a time
and place to be determined by the Mayor, in support of his/her or
its contention that the license should not have been suspended or
revoked.
Every business, firm, corporation or other commercial
entity conducting the business of owning, operating, installing, leasing
or selling police alarm devices within the Village of Larchmont shall
maintain complete and accurate records of all such installations of
alarm systems and shall produce such records for inspection by the
licensing authority upon demand and shall maintain on file with the
Police Department an up-to-date listing of all such installations.
No police or fire alarm device shall be connected
to or use any telephone line connected to police headquarters except
those lines authorized by the licensing authority. The owner and licensee
of any such police or fire alarm device which is connected, either
directly or indirectly, to police headquarters by telephone line which
has not been authorized for use for such purpose as aforesaid, on
and after December 31, 1980, shall be in violation of this chapter
and shall be subject to the penalty provisions hereof.
The installation and maintenance of police or
fire alarm devices permitted by this chapter, including the connection
to police headquarters, shall be made at no cost to the village. The
owner or lessee shall be responsible for the maintenance and service
of his/her or its police or fire alarm device and equipment and shall
be responsible for all malfunctions of his/her or its equipment.
The village 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 any
new location.
In addition to any other remedy provided by
law, the licensing authority, whenever it shall have knowledge of
the use of any police or fire 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, 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.
The licensing authority may promulgate reasonable
rules, regulations and standards that may reasonably be necessary
for the purpose of assuring the quality, efficiency and effectiveness
of police or fire alarm devices and alarm installations owned, operated,
maintained, installed, leased or sold by a licensee under 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.
All firms, companies and businesses to whom
a business license has been issued, in accordance with the provisions
of this chapter, shall be required to include, in each contract or
agreement with any property owner within the Village of Larchmont
for the installation, alteration or servicing of an alarm system,
a clause or provision providing that the Village of Larchmont and
its employees are to be held harmless against any claim, demand or
judgment by the licensee, property owner or any third party for damages
arising out of such installation, alteration or servicing or of such
contractor agreement.
A.
Central alarm station systems. The licensing authority
is hereby authorized to prescribe the location and the manner of installation
of private and regular business telephone lines into police headquarters
from a central alarm station for the express purpose of providing
direct telephone communication between a central alarm station and
police headquarters for use in reporting holdup alarms.
B.
Direct alarm systems. The licensing authority is hereby
authorized to prescribe the location and the manner of installation
of all cabinets, accessories, connections and equipment of any approved
direct alarm system within police headquarters for the purpose of
providing a direct alarm system where the visible and audible signals
therefrom may be readily seen and heard by police personnel.
None of the provisions of this chapter shall
apply to a 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.
[Amended 7-11-1983 by L.L. No. 2-1983; 4-18-2016 by L.L. No. 4-2016]
A.
Any owner or lessee of property having a police or fire alarm device
or system of such devices on the premises he/she or it owns or leases
shall pay to the Village charges for false alarms generated from such
premises pursuant to a fee schedule set by the Village Board from
time to time.
B.
Records and notification.
(1)
Upon responding to an alarm that is determined by the Police or Fire Department to be a false alarm, the responding department shall give notice of such false alarm personally to the owner or lessee of the premises, or if the owner or lessee is not in attendance, shall leave notice of such false alarm in a conspicuous location on or within the premises, and such notice shall recite § 85-17A of this chapter and include the current false alarm fee schedule. The notice shall also advise the owner or lessee of the right to contest such false alarm pursuant to § 85-17E of this chapter.
(2)
The Village shall keep a record of all false alarms. The Village
shall notify the owner or lessee of the premises from which a false
alarm was generated of the charge due to the Village as a result of
such false alarm(s). Written notice by regular mail to the premises
from which the alarm is generated shall be sufficient notice.
(3)
The charge due shall be received by the Village Treasurer within
14 days of the date of such notice, and the notice shall so advise
the owner or lessee.
C.
Failure to pay. Failure to pay a false alarm charge shall subject an owner or lessee to the denial, suspension and revocation of license or permit procedures set forth in § 85-7.
D.
Intentional false alarms shall be included in calculating the charges
set forth in this section. These charges shall be in addition to any
penalties provided in this chapter for such intentional false alarms.
E.
Any owner or lessee receiving notice of a false alarm may contest
such, in writing, within 10 days after receipt of such notice to the
Village Administrator and may appear before such Administrator at
a time and place to be determined by the Administrator.
[Added 4-18-2016 by L.L.
No. 4-2016[1]]
Unpaid false alarm fees, permit/renewal fees or other charges
shall become a lien upon the property the alarm device or system services
and will be collected in the same manner as real estate taxes.
[Amended 4-18-2016 by L.L. No. 4-2016]
A.
Violations: intentional false alarm. Intentionally causing a false
alarm shall constitute a violation of this chapter. Failure to comply
with any other provision of this chapter, other than incurring or
failure to pay false alarm charges, shall also constitute a violation.
(1)
Conviction of any violation of this chapter, other than incurring
or failure to pay license or permit fees or false alarm charges, shall
subject the person so convicted to a fine of not more than $250 or
imprisonment for not more than 15 days, or both.
(2)
Imposition of any fine or penalty hereunder shall not affect any
other right of the Village, including the right to revoke any license
for cause or to proceed by injunction for the enforcement of this
chapter.
It shall be the duty of the Police Department to enforce the
provisions of this chapter.
