[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Editor's Note: This local law also repealed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:
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.
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.
The period from August 1 until the next succeeding July 31.
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]
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]
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.
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.
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.
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]
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.
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]
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.
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.
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.
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.
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.
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.
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:
[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.
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.
(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.
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.
[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.
