[HISTORY: Adopted by the Common Council of the City of Oswego 5-10-1999.
Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 126.
A.
It is the purpose and intent of this chapter to protect
and promote the health, safety and general welfare of the residents of the
City of Oswego by reducing the number of avoidable alarms to emergency agencies.
Avoidable alarms contribute to ineffective utilization of public safety personnel
and equipment. In addition, avoidable alarms require emergency responses which
may contribute to the potential of accidents and delayed responses to genuine
emergencies. This chapter intends to assure that police and fire communications
and facilities will be available to dispatch police and fire personnel for
actual emergencies and to alleviate the nuisance of avoidable alarms within
the City of Oswego. Additionally, this chapter is intended to provide the
City of Oswego with the names of responsible individuals to contact in case
of activation of an alarm.
As used in this chapter, the following terms shall have the meanings
indicated:
Any individual, partnership, corporation or other entity engaging
in the business of selling, leasing, maintaining, servicing, repairing, altering,
replacing, moving or installing any alarm system.
A device or an assembly of equipment which emits a signal which is
intended to alert persons inside or outside a premises to the existence of
a hazard or emergency, or which is intended to alert emergency agencies by
automatically dialing an emergency agency, or which is connected to a private
answering point for the purpose of reporting such alarms to emergency agencies,
or which is directly connected to the Fire Department, Police Department,
Oswego County 911 Center or other emergency agencies. Excluded from this definition
and chapter, however, is any residential smoke, heat, combustion or carbon
monoxide detectors not connected to any point outside the premises or intended
to be heard or detected outside the premises.
Any person, firm, partnership, association, corporation, company
or organization of any kind in control of any building, structure or facility
wherein an alarm system is maintained, except that, when the alarm system
is used on a motor vehicle or is a proprietary system in the City of Oswego,
then the person using such system is an alarm user.
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 of his/her employees or agents or through any other
cause, which is a direct connection to an emergency agency or which, through
notification of the emergency by a private answering point or automatic dialing
service or a Fire Department alarm system, or through notification to an emergency
agency by a second party or means, indicates that an emergency situation exists
requiring a response within the City of Oswego, 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 an emergency situation does not exist. Avoidable alarms shall not include
alarms activated by violent conditions of nature such as hurricanes, tornadoes,
earthquakes or other similar causes beyond the control of the user of an alarm
system. Activation of an alarm system under any circumstances when the activator
reasonably believes that an emergency situation exists shall not be deemed
an "avoidable alarm." Anything herein contained to the contrary notwithstanding,
the defective installation of an alarm system, the failure to repair or cause
to be repaired an alarm system or the use of defective equipment in connection
with an alarm system shall not constitute extraordinary circumstances beyond
reasonable control of the alarm user.
The Police Department and Fire Department or other law enforcement
agency, ambulance company or other agency summoned to respond to an emergency
situation; and the Oswego County 911 Center.
A signaling system which when activated causes an audible signaling
device to be activated outside the premises within which the system is installed,
excluding, however, any residential smoke, heat, combustion or carbon monoxide
detectors not connected to any point outside the premises or intended to be
heard or detected outside the premises.
The address which an alarm user designates on the application for
a permit and the address to which notices are to be sent.
Any person, firm, partnership, corporation, association, company
or organization of any kind.
A business which offers the service of receiving emergency signals,
monitoring said signals and relaying them to an emergency agency.
An alarm sounding and/or recording within the premises protected
by the alarm which is not intended to alert persons outside the premises on
which the alarm system is located of a possible hazard and not intended to
alert an emergency agency, the control center being under the supervision
of the proprietor of the protected premises. If the proprietary system includes
a signal line connected directly or by means of an automatic device to an
emergency agency or to a private answering point or to a local alarm system,
it shall be deemed an "alarm system" as such is defined in this chapter.
A sounding device activated by water flow detector or alarm check
valve and arranged to sound an alarm which will be audible in all living areas
over background noise levels with all intervening doors closed. This also
includes Niagara Mohawk's alarm to warn fishermen of high water rising in
the Oswego River.
The provisions of this section shall not apply to proprietary alarm
systems and residential smoke, carbon monoxide heat or combustion detectors
not connected to any point outside the premises or intended to be heard or
detected outside the premises. Permits shall be required for all alarm systems
located in buildings at federal, state or local government agencies or authorities
or at public or private schools; provided, however, that such alarm systems
shall be exempt from the permit fees, but subject to the fines and penalties
herein provided for avoidable alarms and, where applicable, to the master
box fire alarm fee of the Fire Department. No alarm user permit required under
this section shall be revoked if such system is required by federal, state
or local law. However, all other provisions of this chapter shall apply to
such systems, including the payment of authorized fees.
No person shall own, lease, operate or maintain an alarm system within
the City of Oswego, nor shall any person cause an alarm system to be connected
directly to the Oswego County 911 Center, unless such person shall have first
obtained from the city a permit for such alarm as herein provided.
A.
In order to obtain an alarm user permit, any person who
operates an alarm system shall submit an application for such permit to the
Oswego City Police Department in the form designated by the City of Oswego,
which application shall contain the following:
(1)
The name, home address and telephone number of the person
applying for the permit.
(2)
The address of the premises upon which the alarm system
is or will be located.
(3)
The address to which notice is required under this chapter
shall be sent.
(4)
The type of alarm system for which a permit is sought.
(5)
The name of the alarm business or businesses selling,
installing, monitoring, inspecting, responding to and/or maintaining the alarm
system, if applicable.
(6)
The name, address and telephone number of one or more
persons who can be reached at any time and who are authorized by the owner
of the premises in which the system is installed to open the premises and
secure the alarm.
(7)
Any other information relating to the alarm system or
user as the City of Oswego may from time to time require.
B.
The information required on the permit application shall
be treated as confidential and shall not be made available to members of the
general public. The Oswego City Common Council finds that the release of such
information would constitute an unwarranted invasion of personal privacy and
could endanger the life or safety of persons and premises wherein an alarm
system is located. Accordingly, the information on a permit application shall
be used by the City of Oswego for public safety purposes only and shall be
used for no other purpose whatsoever.
A.
Except as provided in § 57-3 of this chapter, every application for an alarm user permit for alarm systems in the City of Oswego shall be accompanied by the appropriate permit fee. No alarm user permit shall be granted unless the fee is submitted at time of application. Fees shall be as follows:
B.
Upon receipt of a properly executed permit application
and permit fee, the Oswego City Police Department shall issue an alarm user
permit to the applicant.
C.
The alarm user permit shall not be transferable and shall
be kept on the premises where the alarm system is located and made available
for inspection by emergency agency personnel.
An alarm user permit will be valid for a calendar year, and all permits
shall expire on December 31.
A.
Subject to the provisions of this chapter and upon the payment of the appropriate renewal fee as provided in Subsection B hereof, an alarm user permit may be renewed by the alarm user.
B.
The annual permit renewal fee shall be based upon the
number of avoidable alarms recorded for each alarm user as follows:
(1)
For all alarm users with zero to three avoidable alarms
during the preceding permit year, no renewal fee shall be charged.
(2)
For all alarm users with four avoidable alarms during
the preceding year, a base permit renewal fee of $50 shall be charged.
(3)
For all alarm users with more than four avoidable alarms
during the preceding year, a base permit fee of $50, plus an additional excessive-use
fee for each avoidable alarm in excess of four shall be charged as follows:
(4)
At the time of the renewal, an alarm user shall receive
credit for any amounts paid during the permit year to reinstate a revoked
permit.
(5)
No renewal of a permit shall be granted unless the appropriate
renewal fee is submitted with the application.
The Oswego Police Department shall notify an alarm user, in writing,
by means of first-class mail sent to the notice address listed on the permit
application, when an alarm user has had three avoidable alarms during the
permit year. The notice shall inform the alarm user that additional avoidable
alarms will subject the alarm user to the excessive-use fee as specified in
this chapter for each additional avoidable alarm. At the end of the permit
year, the Oswego City Police Department shall notify each alarm user having
more than three avoidable alarms incurred during the preceding year and the
amount to be charged for the renewal of the alarm user permit. Notice shall
be in writing and shall be sent by first-class mail to the notice address
listed on the application.
A.
An alarm user permit shall be revoked whenever 10 or
more avoidable alarms are recorded for a system in any one permit calendar
year. Notice of such revocation shall be sent by the Oswego City Police Department
via first-class mail to the notice address listed on the permit application
at least 15 days prior to the effective date of permit revocation. An alarm
user may reinstate a revoked permit by the payment of the excessive-use fee
for each avoidable alarm in excess of three and by submission of proof that
modifications have been made to the alarm system or other steps have been
effected so as to reduce the number of avoidable alarms, or why any such alarm
should not be classified as an avoidable alarm. An alarm system will not be
revoked under this section if said alarm system is required by federal, state
or local law; provided, however, that all other provisions of this chapter
shall apply to such systems, and the user thereof shall remain responsible
for the payment of all authorized fees.
B.
If no proof of modification or steps taken to reduce
the number of avoidable alarms is submitted by the alarm user within at least
15 days or if it is determined by the Chief of Police and/or designee that
the action taken or to be taken will not prevent the occurrence of false alarms,
the Police Chief and/or designee shall give notice by certified mail to the
alarm user that the permit will be revoked without further notice on the 15th
day after receiving said certified letter.
C.
An alarm user whose alarm permit has been revoked may
have his/her permit reinstated by submission of proof that modifications have
been made to the alarm system to reduce the number of avoidable alarms and
by payment of all excessive use fees. Should another avoidable alarm occur
during the life of the permit in said calendar year, same shall be subject
to summary revocation. In such case, the revocation shall be effective on
the 7th day following the mailing, by certified mail, of a revocation by the
Chief of Police. The alarm permit may then be reinstated, after making a payment
of a $50 fine and the appropriate excessive-use fee and submission of proof
that modifications have been made to the alarm system to reduce the number
of avoidable alarms. Should another avoidable alarm occur again during the
life of the permit, the same above procedures shall be followed.
Whenever an emergency agency responds to an avoidable alarm as herein
provided, said agency shall file with the Oswego City Police Department an
avoidable alarm report, which shall contain the following information:
A.
All local alarm systems as defined in § 57-2 of this chapter shall become deactivated and silenced automatically after a period of time not to exceed 15 minutes of activation.
B.
Any person utilizing the local alarm system within the City of Oswego by virtue of such utilization of a local alarm shall be deemed to have given consent to the police and/or fire officials of the City of Oswego to disable an audible alarm signal that has not been silenced prior to expiration of the fifteen-minute period referred to in Subsection A of this section, and neither the City of Oswego nor its officers and employees, including but not limited to such police and fire officials, shall be liable for any damages which may result from the disabling of an audible alarm signal as herein provided.
In addition to any other fees or penalties provided for in this chapter, a violation of § 57-4 of this chapter shall be deemed an offense and shall be punishable by a mandatory fine of not less than $100 nor more than $250; provided, however, that no person shall be charged with such offense until the expiration of 15 days after the date of written notice is mailed to such person by certified mail that he/she is required to obtain an alarm user permit, and further provided that no charge shall be filled against a person so notified if he/she obtains a permit during said fifteen-day period. A person found guilty of violating § 57-4 of this chapter shall not be excused from obtaining a required permit.
Every alarm business installing, maintaining or operating alarm systems
within the City of Oswego shall provide all alarm system users, purchasers
or lessees with written instructions that provide adequate information to
enable the alarm user to operate the alarm properly. A current copy of all
such written instructions shall be furnished to the City of Oswego upon request.
The Police and Fire Chiefs are hereby directed to develop procedures
necessary to implement this chapter and to commence an ongoing public education
to inform users and potential users of alarm systems of the requirements and
purposes of this chapter. Said education program shall also serve to increase
public awareness of the cost and danger of false alarms, tending to reduce
their number.
The provisions and requirements of this chapter shall apply to all persons
who are alarm users on the effective date of this chapter and to all persons
who subsequently become alarm users.
