Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 7-11-2005 by L.L. No. 3-2005,[1] effective 8-11-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Sprinkler systems — See Ch. 182, Art. I.
Fees — See Ch. A347.
[1]
Editor's Note: This local law also repealed former Ch. 88, Alarm Devices and Systems, adopted 7-13-1987 by L.L. No. 9-1987, effective 7-20-1987, as amended.
The Village of Mamaroneck Board of Trustees hereby finds that standards and controls regarding intrusion, holdup and other emergency signal devices or protective services and the businesses and persons dealing in such devices or protective services are necessary to safeguard the public health, safety and welfare; that such standards and controls will afford greater emergency protection to the public; will expedite emergency communication and response; will facilitate coordination of emergency procedures and identification of persons and devices engaged in providing such procedures; will minimize false alarms and other misleading or confusing signals or procedures; will reduce access to police and emergency procedures and facilities to persons of poor moral character; and will encourage the use of reliable systems and personnel to facilitate emergency services available to the public. This chapter is intended to serve the foregoing purposes by prohibiting the sale, leasing, use, installation, repair or maintenance of any police, fire or medical emergency alarm device or protective service in the Village of Mamaroneck except in conformity with the provisions of this chapter and the rules and regulations promulgated hereunder.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ALARM AGENT
Any person employed by an alarm business whose duties include the selling, installing, maintaining, repairing, altering, moving, replacing or servicing of alarm devices or systems.
ALARM BUSINESS
Any business operated by a person for a profit and which engages in the activity of selling, leasing, installing, maintaining, repairing, altering, moving, replacing or servicing of alarm devices or systems.
ALARM PERMIT YEAR
The period from August 1 until the next succeeding July 31.
ALARM SYSTEM
Any assembly of equipment and devices arranged in a system and/or connected to or communicating with a central dispatch station, or to an outside loudspeaker, light or other device, to signal the presence of a condition requiring urgent attention by the Police or Fire Department. Any automatic alarm system which when activated signals the existence of a condition which requires a response by Police or Fire Department personnel shall be deemed to be covered by this chapter. For the purposes of this chapter, the term "alarm system" shall include, but not be limited to, the term "fire alarm system." Alarm system users are required to obtain an annual alarm permit from the Village.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
ALARM USER
Any person on whose premises an independent alarm device or alarm system is maintained within the Village of Mamaroneck, except for a proprietary system or an alarm system on motor vehicles.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
ANSWERING SERVICE
An agency which provides, among other things, the service of receiving emergency signals from alarm systems through its employees and immediately relaying the appropriate message by live voice to the Police or Fire Department of the jurisdiction in which the alarm signal originated.
AUTOMATIC ALARM COMMUNICATION DEVICE
An apparatus which automatically sends a digitally encoded tone sequence, line polarity reversal or other electrical or electronic signal which indicates the existence of the emergency situation that an alarm system is designed to detect and report over the airwaves, telephone lines or other communication cables or facilities.
CENTRAL STATION
An office to which remote alarms and supervisory signaling devices are connected to receiving equipment monitored by police officers, private guards or other personnel, and which informs the proper dispatching agency or person(s) to respond to the protected premises when an alarm is received.
FALSE ALARM
The activation of the signaling portion of an independent alarm device or an alarm system through mechanical failure, malfunction, loss of externally supplied electrical power for less than four hours, improper installation, improper usage or an error or negligence on the part of the owner or lessee of the premises wherein the system is installed, or through the error or negligence of employees, guests or agents of the owner or lessee of the premises. The term shall include all alarm signal activation incidents in which investigation by Police Department personnel reveals no evidence of the existence of an emergency condition. Those alarm signals which investigation reveals were triggered by physical damage to the protected premises as a result of a hurricane, tornado, earthquake or other violent natural phenomena, line trouble signals received via dedicated telephone lines or where a concerted effort is made to notify Police or Fire Department personnel prior to their arrival at an alarm location, that an alarm was sent in error, are excluded from the definition of "false alarm."
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
FIRE ALARM SYSTEM
Any assembly of equipment and devices which automatically actuates a fire alarm when the detecting element is exposed to fire, smoke or an abnormal rise in temperature.
INDEPENDENT ALARM DEVICE
Any alarm device that is not connected to a system or to a central dispatch station, including but not limited to battery-operated or electrical-outlet-powered individual or independent burglar, fire, smoke, carbon monoxide or other similar devices intended to signal the presence of a condition requiring urgent attention by the Police or Fire Department. Independent alarm devices that have false alarms are subject to the false alarm provisions of this chapter. Independent alarm device users do not have to obtain a permit to operate independent fire or smoke alarm devices.
[Added 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
LOCAL ALARM SYSTEM
Refers to an alarm signaling system which, when triggered, causes an audible or visual signaling device to be activated in or on the premises within or upon which the system is installed.
MALFUNCTION
The written certification of an alarm business authorized to do business in the State of New York that an alarm system which activated a false alarm was due to a fault in the alarm system, but without any fault or negligence on the part of the alarm user.
PRIMARY EMERGENCY NUMBER
A telephone line leading directly into a designated office of the Police or Fire Department for the purpose of handling emergency calls on a person-to-person basis, and which is identified as such by a specific number included among emergency numbers in the telephone directory issued by Verizon covering the service area within the jurisdiction of the Police and Fire Departments.
PROPRIETARY SYSTEM
An alarm system which transmits its signal to a location within the protected premises and is monitored by the proprietor of the premises or his agent. When such a system monitors conditions which may require a response by police or fire personnel, then it becomes an "alarm system" as defined in this chapter.
REMOTE SIGNALING SYSTEM
An alarm signaling system which, when triggered, activates a device which transmits a signal to a central location where action is taken to respond to and investigate the cause of the signal; i.e., Medic Alert System.
SPECIAL EMERGENCY NUMBER
A telephone line leading into a designated office of the Police or Fire Department having the primary purpose of handling emergency signals transmitted by automatic alarm communication devices.
SUBSCRIBER OR USER
A person who buys or otherwise obtains and uses an alarm system, whether or not he thereafter contracts with or hires an alarm business to monitor or service the system.
A. 
All alarm systems installed on or in structures within the Village of Mamaroneck shall be registered with the Village of Mamaroneck. Every alarm system user shall, before operating an alarm system, apply to the Police Department on a form to be furnished by the Police Department for a permit to operate an alarm system. The application shall be completed and signed by the individual who owns, leases or otherwise uses the alarm system.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
B. 
Penalties for nonregistered systems. Any alarm which is received and investigated by the Police or Fire Department which is not registered with the Police Department and does not meet all of the provisions of this chapter shall be subject to the following fines:
(1) 
First response: $150.
(2) 
Second response: $250.
(3) 
Third and all subsequent offenses: $500.
[Amended 1-24-2011; 8-15-2011 by L.L. No. 9-2011, effective 9-7-2011; 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
A. 
Applications for the renewal of alarm system permits are to be mailed annually by the Village of Mamaroneck.
B. 
Alarm system permit fees.
(1) 
The initial fee for an alarm system permit shall be as set forth in Ch. A347.
(2) 
In the event, however, that the initial application for an alarm system permit is filed when there are less than six months remaining in the then-current alarm system permit year, the initial fee for an alarm system permit shall be as set forth in Ch. A347.
(3) 
An alarm system permit shall be valid for a period from its date of issuance until the end of the then-current alarm system permit year. An alarm system permit may be renewed, prior to its expiration, for an additional alarm system permit year, upon a payment of as set forth in Ch. A347.
C. 
Each alarm system permit shall include, but not be limited to, the following information:
(1) 
The name or names of the person or persons residing in the protected premises or, if a business establishment, the name of that business establishment.
(2) 
The address of the protected premises, including apartment or other customary identifier for multiple occupancies at an address.
(3) 
The name and mailing address of the individual who applies for the permit.
(4) 
The home and business phone number of the permittee.
(5) 
The type of alarm system installed, including:
(a) 
The type of emergency the system is equipped to detect and report.
(b) 
The method or methods used to annunciate the alarm device or devices.
(6) 
The name, address and business phone number, including after-hours emergency number of the central station or monitoring service, if any.
(7) 
Whether or not the system is equipped to automatically rearm itself and, if so, after what period of time.
(8) 
The cutoff time for audible signals.
(9) 
The name, address, telephone number and license number of the installing company or individual.
(10) 
The name, address, emergency telephone number and license number of the servicing company if different from the installing company.
(11) 
The name, address and emergency telephone number of the persons to be notified in the event of an alarm.
(12) 
The identification of the presence on the premises of any guard dogs or other household pets which could cause injury to human beings.
(13) 
The identification of the presence or possession of any firearm, shotgun or dangerous instruments.
D. 
The alarm system user shall be responsible for notifying the Police Department, in writing, of any change in the above information at least 10 days prior to the effective date of such change.
E. 
The issuance of an alarm system permit does not create any special relationship or obligation on the part of the Village of Mamaroneck concerning the adequacy, operation or maintenance of any alarm system installed or the operation of the central station. The Village of Mamaroneck and its agents and employees assume no liability for any failure of such alarm system or the central station for failure to respond to any such alarms or for any act of omission or commission as a result of any alarm system.
F. 
By accepting an alarm system permit, the alarm user agrees to hold and save harmless the Village of Mamaroneck and its agents and employees from any liability with respect to any such alarm system or the operation thereof.
G. 
Upon acceptance of an application and issuance of a permit and alarm decal, the Police and Fire Departments shall be empowered to take whatever emergency action is reasonably necessary to investigate and terminate an activated alarm, including the entry upon private property and premises.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
In addition to any penalties which may be imposed for violation of certain provisions of this chapter, the Police Department may deny, suspend or revoke an alarm system permit, or renewal thereof, for any of the following:
A. 
Fraud or willful and knowing misrepresentation or false statement made in the application for an alarm system permit or in the operation of the licensed system.
B. 
Deliberate activation of a false alarm.
C. 
Use of an alarm system to summon public safety personnel for a condition other than what the system was designed to detect and report as authorized in the permit.
D. 
Failure to correct any deficiencies in equipment, procedures or operation within 30 days of receipt of notice of same from the Police or Fire Department or within such time as shall be determined as reasonable by the Police or Fire Department if said deficiencies cannot be corrected within 30 days.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
A. 
No person shall install, lease, sell, repair, service, replace or remove a police or fire alarm system device or devices or provide answering service without a license issued by the State of New York. All installers and technicians must present an ID card reflecting such license.
B. 
Persons owning or leasing an automatic alarm communication device may program the device to transmit its signal to:
(1) 
A central station;
(2) 
An answering service; or
(3) 
Any other consenting party.
C. 
Automatic shutoff system requirements. No person shall install or maintain, in any building, structure or establishment in the Village of Mamaroneck, an external audible alarm of any type which does not also contain an automatic cutoff system or feature automatically cutting off the source of power to the alarm after it has sounded for a period of no longer than 15 minutes.
D. 
The installation and maintenance of any alarm system permitted by this chapter shall be made at no cost to the Village of Mamaroneck. The owner, lessee or user shall be made responsible for the maintenance and service of his or her alarm system device equipment and shall be responsible for all malfunctions of this equipment. All alarm systems must be properly maintained at all times.
E. 
No person, firm or corporation shall install or cause to be installed any alarm system device connected directly to either the Police Department or Fire Department without the permission of the Chief of Police.
F. 
No alarm system device shall be connected by direct means, including direct dialing, to the E-911 telecommunication system of the Village of Mamaroneck without authorization by the Chief of Police.
G. 
The alarm system user shall be responsible for notifying the licensing authority, in writing, of any change or cancellation in the central station used for the alarm system at least 10 days prior to the effective date of such change or cancellation.
H. 
The alarm system user shall be responsible for immediately notifying the licensing authority, in writing, if the alarm system is disconnected.
I. 
Penalties. Direct dialing or connection of an alarm system device to the E-911 telecommunication system shall be subject to the following fines:
(1) 
First offense: $250.
(2) 
Second and all subsequent offenses: $500.
[Amended 1-24-2011; 8-15-2011 by L.L. No. 9-2011, effective 9-7-2011; 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
A. 
It shall be unlawful to cause or to permit the activation of a false alarm signal. The alarm user shall be held accountable for all false alarms originating from the alarm user's independent alarm or alarm system and shall be fully liable for all charges and penalties arising therefrom.
B. 
The Police or Fire Department shall be empowered to take whatever emergency action is reasonably necessary to assure that a premises is safe and to prevent an activated alarm signaling device from interfering with the Department's ability to receive additional emergency signals or from interfering unnecessarily with the tranquility of the surrounding community, including the entry upon private property and premises.
C. 
The Chief of Police of the Village of Mamaroneck shall cause to be kept an up-to-date and accurate log of all false alarms occurring in the Village of Mamaroneck and shall transmit a report of such false alarms to the licensing authority on a monthly basis or, in the Chief of Police's discretion, on a more frequent basis. Any owner or lessee of property, with the exception of premises owned or operated by the state or federal government and public or private elementary and secondary schools, having a police, fire or medical emergency alarm device or devices or system of police, fire or medical emergency alarm devices on his premises shall pay to the licensing authority, upon demand, a charge for each and every false alarm occurring on his premises on any alarm permit year as set forth in Ch. A347.
D. 
Failure to pay any such false alarm charges shall be grounds for suspension or revocation of an alarm system permit until such fine or charge is paid.
E. 
Any person, firm or corporation who or which does not pay any charge or fee established in this chapter or who or which violates any provision of this chapter shall be subject to a fine for each offense. The fine shall be as set from time to time by the Village of Mamaroneck Board of Trustees. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
A. 
Failure to allow inspection of equipment by authorized Police or Fire Department personnel after a false alarm shall be grounds for termination of an alarm system permit or of authorization to permit an automatically initiated alarm system signal to be relayed to the facilities of the Police or Fire Department.
B. 
All fire alarm systems must be inspected annually by an alarm business. An inspection log shall be kept on the control panel of the fire alarm system.
C. 
All alarm systems for commercial establishments must be inspected annually by an alarm business. The alarm business shall certify the annual inspection to the Village of Mamaroneck, in writing.
D. 
During any inspection, if any violations of the provisions of this chapter are revealed, a written report detailing such violations shall be promptly sent to the owner, lessee or other person responsible for the alarm system in violation of this chapter. Corrections shall be made within 30 days after receipt of the notice of violation and shall state that a failure to comply may result in the revocation of the alarm user's permit. The alarm system user shall be granted a reasonable extension of time to correct any violations upon showing good cause.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
Every alarm business conducting the business of owning, operating, installing, leasing or selling alarm systems within the Village of Mamaroneck shall maintain complete and accurate records of all installations of alarm systems in the Village of Mamaroneck and shall produce such records for inspection by the Village of Mamaroneck upon demand.
[Amended 12-19-2011 by L.L. No. 1-2012, effective 1-9-2012]
A. 
The Village of Mamaroneck Board of Trustees shall serve as Alarm Review Board having the powers and duties granted to it under this chapter.
B. 
The Alarm Review Board is authorized to hear an appeal from any person aggrieved by a final decision made under this chapter regarding the denial, suspension or revocation of an alarm system permit or the determination that an alarm signal was a false alarm as defined herein.
C. 
An appeal to the Alarm Review Board shall be taken by filing a certified letter describing the relevant facts and circumstances to the Alarm Review Board within 30 days of the final decision or determination being appealed.
D. 
Upon receipt of a timely appeal taken, the Alarm Review Board shall notify the appellant and the licensing agency of the date and time when a hearing will be held on the appeal, unless the appellant shall waive his right to a hearing, in which case the appeal shall be considered on the basis of submitted information. Such notice shall be given not less than 15 days in advance of the scheduled hearing. Notices to the appellant shall be given by certified mail, return receipt requested, or other courier that provides for a signature or written proof of delivery. The Alarm Review Board may adopt such rules and procedure for the prosecution of appeals and conduct of hearings as shall be proper and appropriate.
E. 
If the appellant's defense to a false alarm charge is based on a claim that an alarm system activation was caused by a malfunction (such defense only being available for the first two proven malfunctions per year), such defense shall be supported by verification from the alarm business in accordance with the definition of malfunction in § 88-2 of this chapter.
F. 
On the basis of all evidence and information properly submitted or introduced, the Alarm Review Board shall either affirm the challenged action if it finds such action to have been properly taken, or it shall rescind or modify such action if it finds that it was not properly taken or that the interests of justice so require. Decisions of the Alarm Review Board shall be final.
G. 
Hearings of the Alarm Review Board shall be held at a time and place determined by the Alarm Review Board.
All presently existing alarm systems must comply with the provisions of this chapter by September 1, 2005.