As used in this chapter, the following terms shall have the meanings
indicated:
ALARM BUSINESS
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.
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.
ALARM USER
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.
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 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.
EMERGENCY AGENCY
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.
LOCAL ALARM SYSTEM
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.
NOTICE ADDRESS
The address which an alarm user designates on the application for
a permit and the address to which notices are to be sent.
PERSON
Any person, firm, partnership, corporation, association, company
or organization of any kind.
PRIVATE ANSWERING POINT
A business which offers the service of receiving emergency signals,
monitoring said signals and relaying them to an emergency agency.
PROPRIETARY SYSTEM
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.
WATER FLOW ALARM
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.
An alarm user permit will be valid for a calendar year, and all permits
shall expire on December 31.
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.
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. The alarm user's name and address.
B. The date and location of the avoidable alarm.
C. The reasons why the alarm was determined to be an avoidable
alarm.
D. Any other pertinent information.
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.