This chapter shall be known as the "Alarm Permit Law."
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the Village of Albion by reducing
the number of avoidable alarms to emergency agencies. Avoidable alarms contribute
to ineffective utilization of public safety manpower and equipment. In addition,
avoidable alarms require emergency responses which may contribute to a high
accident rate and delayed responses to genuine emergencies. This chapter seeks
to ensure that communication facilities will be available to dispatch personnel
for actual emergencies and to alleviate the nuisance of audible alarms to
the surrounding community. Another purpose of this chapter is to contact responsible
people to notify them of the activation of the alarm. This chapter also requires
registration of alarm businesses and subscribers for the purpose of permitting
the village to communicate with them regarding the administration of this
chapter.
For the purposes of this chapter, certain words and phrases shall be
construed herein as set forth in this section, unless it is apparent from
the context that a different meaning is intended:
ALARM AGENT
Any person who is employed by an alarm business, either directly
or indirectly, whose duties include any of the following: selling, maintaining,
leasing, servicing, repairing, altering, replacing, moving or installing on
or in any building, structure or facility any alarm system. The provisions
of this chapter shall not apply to a person who engages in the manufacture
or sale of an alarm system from a fixed location and who neither visits the
location where the alarm system is to be installed nor designs the scheme
for physical location and installation of the fire alarm system in a specific
location.
ALARM BUSINESS
The business by any individual, partnership, corporation or other
entity of selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving or installing any alarm system or causing to be sold, leased, maintained,
serviced, repaired, altered, replaced, moved or installed any alarm system
in or on any building, structure or facility.
ALARM SYSTEM
Any mechanical or electrical device which is designed or used for
the detection of fire, smoke or heat and/or unauthorized entry or intrusion,
or attempts thereof, and which emits a sound or transmits a signal or message
when activated. "Alarm systems" include, but are not limited to, direct dial
telephone devices, audible alarms and proprietor alarms. Devices which are
not designed or used to register alarms that are audible, visible or perceptible
outside of the protected building, structure or facility are not included
within this definition, nor are auxiliary devices installed by the telephone
company or a cable television company to protect its systems which might be
damaged or disrupted by the use of an alarm system
APPELLANT
A person who perfects an appeal pursuant to this chapter.
APPLICANT
A person, firm or corporation who or which files an application for
a new or renewal permit as provided in this chapter.
AUDIBLE ALARM
A device designed for the detection of fire, intrusion or unauthorized
entry which generates an audible sound on the premises when it is actuated.
AVOIDABLE ALARM
The activation of an alarm system through mechanical failure, malfunction,
improper installation or the negligence of the owner, user, custodian or lessee
of an alarm system, or his or her employees or agents, or through any other
cause which, through direct connection to an emergency agency or through notification
of an emergency agency by a private answering point or automatic dialing device
or through notification to an emergency agency by any other second party or
means, indicates that an emergency situation exists requiring an emergency
response within the Village of Albion when, in fact, an emergency situation
does not exist. An "avoidable alarm" also includes the knowing or intentional
activation of an alarm to an emergency agency when the activator knows that
an emergency situation does not exist. "Avoidable alarm" shall not include
alarms activated by violent conditions of nature, such as hurricanes, tornadoes,
earthquakes or any other similar cause beyond the control of the user or installer
of an alarm system; nor does it include an emergency or disaster drill conducted
with prior notice to the emergency agency. Activation of an alarm system under
any circumstances in which the activator reasonably believes that an emergency
situation exists is not an "avoidable alarm," subject to the above exceptions.
FIRE MARSHAL
The Fire Marshal of the Village of Albion or his or her deputy.
NOTICE
Written notice, given by personal service upon the addressee or given
by United States mail, postage prepaid, addressed to the person to be notified
at his or her last known address. Service of such notice shall be effective
upon the completion of personal service or upon the placing of the same in
the custody of United States Postal Service.
PERMITTEE
Any alarm agent or alarm business who or which shall be granted a
permit as provided herein, and his or her or its agents and representatives.
PERSON
A natural person, firm, partnership, association or corporation.
SUBSCRIBER
Any person who owns, leases, contracts for or otherwise obtains an
alarm system. A person or entity may be both a "subscriber" and an alarm business.
VILLAGE
Village of Albion, Orleans County, New York, or any area outside
the corporate limits of the Village of Albion in which the Village of Albion
is required by law or contract to provide fire-fighting, emergency response
or security services.
Every person engaged in the business of repairing, servicing, altering,
replacing, removing, designing, selling, leasing, maintaining or installing
alarms systems shall carry on his or her person at all times while so engaged
a valid identification card in a form issued pursuant to the New York State
General Business Law and shall display such permit to the Fire Marshal, Fire
Department officer or any peace officer upon request.
Such permit shall be kept on the premises where the alarm system is
located. The Fire Marshal may issue an appropriate permit identification tag
and establish requirements for its posting.
No person shall engage in, conduct or carry on an alarm business without
first applying for and receiving an alarm business permit therefor in accordance
with the provisions of the New York State General Business Law, Article 6-D.
No person shall engage in conduct or operate as an alarms agent unless
he or she is first registered with the Fire Marshal on the roster of an authorized
alarm business. Such registration shall be invalid if the alarms agent leaves
the employ of said alarm business.
No person shall possess or use an alarm system without first applying
for and receiving an alarm permit therefor in accordance with the provisions
of this chapter, provided that this section shall not be enforced as against
alarm systems installed and operating on the effective date of this chapter
for a period of 30 calendar days after said effective date.
Whenever any change occurs relating to the written information required by §
124-15 of this chapter, the applicant or permittee shall give written notice thereof to the Fire Marshal within 20 days after such change or at any hearing conducted under this chapter if such hearing is conducted before said notice has been given.
The issuing authority shall be the Village Clerk. No permit shall be
issued unless and until the application for same has been approved in writing
by the approving authority.
The approving authority shall be the Fire Marshal.
Application for all permits required hereunder shall be filed with the
Village Clerk and shall be accompanied by the requisite fee, as set forth
from time to time by resolution of the Board of Trustees. The fee is established
to cover part of the cost of investigating and processing the applications
and permits and is not refundable. The Fire Marshal shall prescribe the form
of the application and request such information as is necessary to evaluate
and act upon the permit application. The form of the permit application shall
be approved by resolution of the Village Board. The application for alarm
systems shall require the name, address and telephone number of the person
who will render service or repairs during any hour of the day or night.
The application for the permit shall be denied by the Fire Marshal if the alarm system does not comply with the standards and regulations adopted pursuant to §
124-4 of this chapter. Said permit shall be issued to the person owning, using or possessing the alarm system. Said permit shall be revoked 90 days after the conveyance of the premises on which the alarm system is located, unless a permittee shall certify that the fire alarm system has been inspected and/or maintained by the permittee after said conveyance and it conforms to the standards and regulations set forth in §
124-4.
The following fees shall be due and payable as indicated and at rates
from time to time established by resolution of the Village Board of Trustees:
A. An annual permit fee shall be due and payable on January
1 occurring next after adoption of this chapter and on January 1 of each subsequent
year for each alarm. Said permit fee shall not be prorated.
B. Each permit shall expire two years after issuance. Applications for renewals of permits shall be renewed only upon the certification by a permittee that the alarm system has been inspected and/or maintained by the permittee within the past 90 days and it conforms to the standards and regulations set forth in §
124-4.
An alarm agent shall be permitted to act pursuant to the authority of
a valid alarm business permit if in conformance with other provisions of this
chapter.
If a person is found to be in violation of this chapter, the following
shall apply:
A. The Fire Marshal shall serve the person determined to
be in violation with a written order of suspension. Said order shall be effective
immediately, if personally served, or three business days after same has been
deposited in the United States Postal Service.
B. Immediately upon such an order becoming effective, the
person in violation shall discontinue use of any alarm system requiring a
permit issued pursuant to this chapter and cease all operations conducted
under the authority of any permit issued pursuant to this chapter.
C. In the event that an order of suspension has been issued for violation of §
124-20A(3), the Fire Marshal may reinstate an alarm system permit upon receipt of the certification that the alarm system has been inspected and/or maintained subsequent to the issuance of the order of suspension, and a further certification from a permittee that it conforms to the standards and regulations set forth in §
124-4.
If any permit is revoked pursuant to this chapter, the subscriber or
permittee shall surrender said permit to the Fire Marshal.
In addition to other provisions of this chapter, persons in violation
thereof shall be liable for civil penalties for each violation as set forth from time to time by the Board
of Trustees for the following:
A. Failure to have alarm business permit or alarm agent
permit.
B. Failure to have an alarm system permit; provided, however,
that until one year from the effective date of this chapter, said penalty
shall be deemed waived if the subscriber obtains an alarm system permit within
10 days of notification of the violation.
D.
(2) A fourth avoidable alarm.
(3) Each avoidable alarm thereafter.
All remedies shall be cumulative, and the use of one or more remedies
by the village shall not bar the use of any other remedy for the purpose of
enforcing the provisions of this chapter. The amount of any permit fee or
civil penalty shall be deemed a debt to the village. An action may be commenced
in the name of the village in any court of competent jurisdiction for the
amount of any delinquent permit fee or civil penalty. All permit fees shall
be due upon issuance of the permit.