[HISTORY: Adopted by the Town Board of the
Town of Woodstock 2-13-2001 by L.L. No. 1-2001. Amendments noted where
applicable.]
A.Â
The purpose of this chapter is to encourage alarm
users and alarm companies to properly use and maintain the operational
effectiveness of alarm systems and to reduce or eliminate false alarms
which may unduly divert law enforcement, fire and/or medical emergency
services from responding to criminal activities or other emergencies.
B.Â
This chapter governs alarm systems intended to summon
law enforcement, fire and/or medical emergency response, provides
for penalties for violations, and establishes a system of administration.
As used in this chapter, the following terms
shall have the meanings indicated below:
A person or persons designated by the governing authority
to administer, control and review false alarm reduction efforts.
A business, operated by an individual, partnership, corporation
or other entity, which sells, leases, maintains, services, repairs,
alters, replaces, moves, installs or monitors an alarm system in an
alarm site.
A notification to a law enforcement agency or fire department
or medical emergency service that an alarm system signal, either manual
or automatic, has been activated at a particular alarm site.
A single fixed premises or location served by an alarm system
or systems.
A device or series of devices, including but not limited
to alarm systems interconnected with a radio frequency method such
as cellular or private radio signals, which emit or transmit a remote
or local audible, visual or electronic signal indicating an alarm
condition and intended to summon the law enforcement and/or fire protection
and/or medical emergency service of the municipality. "Alarm system"
shall not include an alarm installed on a vehicle or person unless
the vehicle or personal alarm is permanently located at an alarm site.
Any person, firm, partnership, corporation or other entity
who or which uses or is in control of any alarm system at its alarm
site.
Any electrical, electronic, mechanical or other device capable
of being programmed to send a prerecorded voice message, when activated,
over a telephone line, radio or other communication system to a law
enforcement agency or fire department.
The process by which an alarm company providing monitoring
verifies with Woodstock Emergency Dispatch and the alarm user or responsible
party that a false dispatch has occurred and that there is not an
existing situation at the alarm site requiring law enforcement, fire
department and/or medical emergency response.
The transaction or process by which one alarm company begins
monitoring of a previously unmonitored alarm system or an alarm system
previously monitored by another alarm company.
A silent alarm system signal generated by the manual activation
of a device intended to signal a life-threatening situation or a crime
in progress requiring law enforcement, fire department and/or medical
emergency response.
An alarm dispatch request to a law enforcement agency when
the responding officer finds no evidence of a criminal offense or
attempted criminal offense or a danger or damage to the alarm site
due to wind or flooding or animals or fallen trees or prolonged power
outages after having completed a timely investigation of the alarm
site. "False alarm" shall also mean an alarm dispatch request to a
fire department when the responding fire department finds no evidence
of a fire or a danger or damage to the alarm site due to acts of nature
or prolonged power outages that would warrant such alarm dispatch
request.
A silent alarm system signal generated by the manual activation
of a device intended to signal a robbery in progress.
A device that allows control of an alarm system by the manual
entering of a coded sequence of numbers or letters.
The Sheriff, Chief of Police, or the commissioner, superintendent
or director of a law enforcement agency or an authorized representative.
"Law enforcement authority" may also mean the fire chief or authorized
representative of the fire department.
A license issued to an alarm company to sell, install, monitor,
repair, or replace alarm systems by an authority having jurisdiction.
Any alarm system that annunciates an alarm system signal
only at the alarm site by an interior or exterior audio device.
The process by which an alarm company receives signals from
an alarm system and relays an alarm dispatch request to the municipality
for the purpose of summoning law enforcement, fire department and/or
medical emergency response to the alarm site.
The manual activation of a silent alarm signal by entering
at a keypad a code that adds one to the last digit of the normal arm/disarm
code, e.g., normal code: 1234; one plus duress code: 1235.
An audible alarm system signal generated by the manual activation
of a device intended to signal a life-threatening or emergency situation
requiring law enforcement, fire department and/or medical emergency
response.
An individual, corporation, partnership, association, organization
or similar entity.
Any device which, when activated by fire or smoke, is designed
to alert to said emergency only the occupants of the building in which
the smoke and/or heat detector is located.
The transaction or process by which an alarm user takes over
control of an existing alarm system which was previously controlled
by another alarm user.
An attempt, by the alarm company or its representative, to
contact the alarm site by telephonic or other electronic means, whether
or not actual contact with a person is made, before requesting law
enforcement, fire department and/or medical emergency dispatch, in
an attempt to avoid an unnecessary alarm dispatch request.
Subdivisions into which an alarm system is divided to indicate
the general location from which an alarm system signal is transmitted.
A.Â
Each tenancy or apartment unit, if served by a separate
alarm system in a multi-tenant building or complex, shall be considered
a separate alarm site.
B.Â
For purposes of enforcing this chapter against an
individual residential or nonresidential alarm site, the tenant is
responsible for false alarms emitted from the alarm system in the
tenant's unit.
A.Â
An alarm user shall:
(1)Â
Maintain the premises and the alarm system in a manner
that will minimize or eliminate false alarms;
(2)Â
Make every reasonable effort to respond or cause a
representative (whom the alarm user may predesignate by written notification
to the Alarm Administrator) to respond to the alarm system's location
within 30 minutes when notified by the municipality to deactivate
a malfunctioning alarm system, to provide access to the premises or
to provide alternative security for the premises;
(3)Â
Cause the alarm site address to be posted in a conspicuous
place, such as a mailbox, tree, signage where driveway meets the road
or highway, and/or on a building facing the road or highway or common
driveway;
(4)Â
Adjust the mechanism or cause the mechanism to be
adjusted so that an alarm system signal audible on the exterior of
an alarm site will sound for no longer than 15 minutes after being
activated;
(5)Â
Have a properly licensed alarm company inspect the
alarm system after two false alarms within a twelve-month period.
The Alarm Administrator may waive an inspection requirement if it
determines that the false alarm(s) could not have been related to
a defect or malfunction in the alarm system. After four false alarms
within a twelve-month period the alarm user shall have a properly
licensed alarm company modify the alarm system to be more false alarm
resistant or provide additional user training as appropriate. The
alarm company shall fill out and return to the Alarm Administrator
an Installer False Alarm Prevention Checklist (see Appendix A)[1] provided by the Alarm Administrator; and
[1]
Editor's Note: Appendix A is on file at the
Town Clerk's office.
(6)Â
Maintain at each alarm site a set of written operating
instructions for each alarm system.
A.Â
Upon enactment of this chapter, an alarm company shall not program an alarm system so that it is capable of sending one plus duress alarms. Alarm companies may continue to report one plus duress alarms received from alarm systems programmed with one plus duress prior to enactment of this chapter. However, upon enactment of this chapter, when a takeover or conversion occurs or an alarm user requests an alarm system inspection or modification pursuant to § 7-4A(5) of this chapter, an alarm company shall remove the one plus duress alarm capability from such alarm system.
B.Â
Upon enactment of this chapter, an alarm company shall
not install a device activating a holdup alarm which is a single-action
nonrecessed button. An alarm company shall remove all single-action
nonrecessed buttons when a takeover or conversion occurs.
D.Â
An alarm company performing monitoring services shall:
(1)Â
Report alarm system signals by using the telephone
number(s) designated by the Alarm Administrator;
(2)Â
Document an attempt to verify every alarm system signal,
except a duress or holdup alarm activation, before requesting law
enforcement and/or fire department response to an alarm system signal;
(3)Â
Communicate alarm dispatch requests to the municipality
in a manner and form determined by the Alarm Administrator;
(4)Â
Communicate cancellations to the municipality in a
manner and form determined by the Alarm Administrator;
(5)Â
Ensure that all alarm users of alarm systems equipped
with a duress or holdup alarm are given adequate training as to the
proper use of the duress or holdup alarm;
(6)Â
Communicate any available information, such as north,
south, front, back, floor or unit number, etc., about the location
of the alarm system;
(7)Â
Communicate the type of alarm system activation: silent
or audible, interior or perimeter;
(8)Â
Provide the alarm user registration number when an
alarm dispatch request is made;
(9)Â
Endeavor to contact the alarm user when an alarm dispatch
request is made; and
(10)Â
Maintain, for a period of at least 12 months, records
relating to alarm dispatch requests. Records shall include the name,
address and phone number of the alarm user, the alarm system zone(s)
activated, the time of alarm dispatch request, and evidence of an
attempt to verify. The Alarm Administrator may request copies of such
records for individually named alarm users.
[Amended 9-10-2012 by L.L. No. 2-2012; 12-17-2013 by L.L. No. 2-2013]
B.Â
The
Alarm Administrator shall establish a procedure to record such information
on alarm dispatch requests necessary to permit the Alarm Administrator
to maintain records, including but not limited to the following information.
The responding law enforcement officer shall relay this information
at the time of clearance to emergency dispatchers, who shall then
record said information on the call record.
(1)Â
Identification of the alarm site;
(2)Â
Date and time the alarm dispatch request was received;
(3)Â
Date and time of law enforcement officer arrival at the alarm site;
(4)Â
Zone, if available;
(5)Â
Name of alarm user or representative on premises, if any;
(6)Â
Identification of the responsible alarm company, if known;
(7)Â
Whether unable to locate the address; and
(8)Â
Cause of the alarm system signal, if known.
C.Â
The
Alarm Administrator shall establish a procedure for the notification
to the alarm user of a false alarm. Options include, but are not limited
to, the law enforcement officer leaving a door hanger with a Notice
of False Alarm at the alarm site and forwarding a copy of such notice
to the Alarm Administrator (see Appendix C). [Appendix C shall be
kept on file at the Town Clerk's office.] The notice shall include
the following information:
(1)Â
The date and time of law enforcement response to the false alarm;
(2)Â
The identification number of the responding law enforcement officer;
and
(3)Â
A statement urging the alarm user to ensure that the alarm system
is properly operated, inspected, and serviced in order to avoid false
alarms and resulting fines.
D.Â
If,
in the judgment of the Alarm Administrator, an alarm system is not
being used or maintained in a manner that ensures proper operation
and suppresses false alarms, the Alarm Administrator may require a
conference with the alarm user and the alarm company responsible for
the repair of the alarm system to review the circumstances of each
false alarm.
A.Â
Abatement of nuisance authorized. Upon receiving a
complaint regarding a continuous uninterrupted or continuously recurring
alarm system signal, the police department and/or the fire department
shall endeavor to contact the alarm user or designated representative(s)
in an effort to abate the nuisance. In the event that the police department
and/or the fire department is/are unable to contact the alarm user
or those designated as contacts, or if the aforesaid persons cannot
or will not curtail the audible signal being emitted by the alarm
system, and if the police department and/or the fire department is/are
otherwise unable to abate the nuisance, the police department or fire
chief or incident commander may direct a law enforcement officer,
fire department official or qualified alarm technician to enter in
and upon the property, home or building in which the alarm system
is located and take any action necessary to abate the nuisance.
B.Â
Procedure and cost of abatement. After an entry upon
the property has been made in accordance with this section, the police
department and/or the fire department shall have the property secured,
if necessary. The cost and expense of abating a nuisance in accordance
with this section may be assessed to the alarm user.
A.Â
Penalties for violation of this chapter shall be as set forth in § 7-10A of this chapter. Enforcement may also be by civil action in the Town of Woodstock Justice Court or any other court of competent jurisdiction, upon resolution by the Woodstock Town Board to initiate such action.
[Amended 11-18-2008 by L.L. No. 2-2008]
B.Â
An alarm company may be issued a civil citation:
(1)Â
If the law enforcement officer and/or fire department
official responding to the false alarm determines that an on-site
employee of the alarm company directly caused the false alarm.
(2)Â
For failure to verify, if the Alarm Administrator
determines the existence of a consistent pattern or written policy
against verification.
(3)Â
If the Alarm Administrator determines that an alarm
company employee made a false statement concerning the inspection
of an alarm site or the performance of an alarm system.
C.Â
The Woodstock Town Board may, from time to time, adopt
rules and regulations for the implementation and enforcement of this
chapter.
[Amended 11-18-2008 by L.L. No. 2-2008; 9-10-2012 by L.L. No. 2-2012; 12-17-2013 by L.L. No. 2-2013]
A.Â
An
alarm user shall be subject to warnings and fines depending on the
number of false alarms emitted from an alarm system within a calendar
year beginning January 1 and ending December 31 based upon the following
schedule:
B.Â
Notice
of fines shall be sent by certified mail from the Alarm Administrator
to the property owner of the site of the false alarm. Fines shall
be payable to the Town of Woodstock. If fines are not paid to the
Town within 30 days of the date of the notice, the Town shall reserve
the right to no longer respond to intrusion alarms emitted from the
site of the false alarm.
C.Â
If
the alarm is cancelled prior to law enforcement arriving at the alarm
site, this shall not be considered a false alarm for the purpose of
warning or fines.
D.Â
If
the law enforcement officer responding to the false alarm determines
that an on-site employee of the alarm company directly caused the
false alarm, this shall not be considered a false alarm for the purpose
of warning or fines.
[Amended 9-10-2012 by L.L. No. 2-2012; 12-17-2013 by L.L. No. 2-2013]
A.Â
The responding law enforcement officer shall leave notice to the alarm user after each false alarm and shall provide a copy of such Notice of False Alarm to the Alarm Administrator. The notice shall conform to the stipulations contained in § 7-6C of this chapter and shall include the schedule of fines for each false alarm.
B.Â
The
Alarm Administrator shall notify the alarm user in writing and the
alarm company, if known.
Any and all liability and consequential damage
resulting from the failure to respond to an alarm system signal is
hereby disclaimed and governmental immunity as provided by law is
retained. Law enforcement, fire department and/or medical emergency
response may be based on factors such as availability of police, fire
and/or medical emergency units, priority of calls, weather conditions,
traffic conditions, emergency conditions and staffing levels.
