[HISTORY: Adopted by the Board of Trustees of the Village of Elmira Heights 3-7-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
The purpose of this chapter is to establish standards and controls for the installation, operation and maintenance of any automatic alarm device, including any such device already in use within the Village of Elmira Heights, County of Chemung, State of New York.
For the purpose of this chapter, the following definitions shall apply.
- ALARM INSTALLATION
- Any AAD installed in or within a single building or within several buildings or areas adjacent.
- AUTOMATIC ALARM DEVICE
- Any device (hereinafter called an "AAD") which automatically causes a signal, voice recording or other communication to be transmitted directly to any emergency service or central alarm office or any device designated to activate an external alarm located on the same premises as the device. Specifically excluded from this definition are devices commonly known as "single-station smoke detectors" not connected to any other audible device.
- CENTRAL ALARM OFFICE
- Any facility operated by other than emergency services which is staffed by persons who receive, record or validate AAD signals and relays information pertinent to such signals to any emergency service.
- CENTRAL DISPATCH FOR EMERGENCY SERVICE
- Any emergency service facility which activates response to alarms (hereinafter called "central dispatch").
- EMERGENCY SERVICE
- Any fire, police, medical, ambulance or other agency which provides emergency services.
- FALSE ALARM
- Any signal activated by an AAD, to which an emergency service is caused to respond, which is not the result of a fire, intrusion, robbery, medical or other emergency.
- INSPECTING AGENCY
- Any appropriate emergency service designated by the Village of Elmira Heights to approve or disapprove applications for permits to install or permits to operate an AAD.
- LICENSING AUTHORITY
- Village of Elmira Heights, New York.
Unlawful use. It shall be unlawful to install an AAD without first obtaining a permit to install from the licensing authority, and it shall be unlawful to operate or maintain an AAD without obtaining from the licensing authority a permit to operate.
Permit to install, operate or maintain. Any property owner or lessee of property who wishes to install, operate or maintain an AM) on his or its premises shall make application to the licensing authority for a permit to install. Such application shall be on a form supplied by the licensing authority and shall contain plans and specifications and other information required by the licensing authority. The licensing authority shall not issue a permit to install until the inspection agency has first reviewed and approved the application. The licensing authority shall not issue a permit to operate until the inspecting agency has inspected and approved the installation and proposed method of operation.
Existing devices. Applications for permits to operate devices installed prior to the effective date of this chapter shall be made to the licensing authority within 180 days of the effective date of the chapter.
Permits. There shall be a fee for permits to be determined by the Village Board of the Village of Elmira Heights.
Central dispatch fees. Fees for alarm services which terminate at any central dispatch shall be determined by the emergency service providing such service and approved by the Village Board of the Village of Elmira Heights.
Denial, suspension or revocation of permit or right to appeal. In the event of any denial, suspension or revocation of either a permit to install or a permit to operate, any owner or lessee of the premises shall initially direct notice of the denial, revocation or suspension to the supervisor of the licensing authority and in the event that such denial, suspension or revocation cannot be resolved to the satisfaction of the owner or lessee, such person shall then have the right to bring the matter of the denial, suspension or revocation before the Village Board and the licensing authority by filing with the Village Clerk of the licensing authority a written statement of the nature of such denial, suspension or revocation, after which the Village Board shall call a meeting within 30 days of receipt of such written statement to inquire into such denial, suspension or revocation with the right of such person to present witnesses and such other evidence as he may have so as to establish the propriety of his claim.
If an AAD alarm activates, the licensing authority shall inspect the AAD within five days after the date of the alarm.
False alarms; charges.
Any owner or lessee of property having an AAD on his or her premises shall pay to the licensing authority a charge for each and every false alarm to which emergency services respond, in each calendar year, as follows:
The above charges shall be paid to the Village Clerk of the licensing authority and any failure to pay such charges shall subject such owner, lessee or user to the penalty provisions of this chapter.
Installation, operation and maintenance. The installation, operation and maintenance of AADs permitted by this chapter, including the connection to central dispatch, shall be made at no cost to the licensing authority or to any emergency service.
Change of location. If the location of any central dispatch shall be changed, neither the licensing authority nor any emergency service shall be liable for any expense incurred by the owner, lessee or user for moving alarms systems or reconnecting such systems.
Rules, regulations and enforcement. The inspecting agency shall recommend reasonable rules, regulations and standards for the administration of this article that, upon approval by the Village Board of the Village or the licensing authority, shall become effective. The licensing authority shall provide for the administration and enforcement of the provisions of this chapter. The aforesaid rules, regulations or standards shall be set forth in writing, and copies shall be made available to applicants.
Central dispatch system installations. The central dispatch is authorized to prescribe the location and manner of installation of any telephone line, cable or device into central dispatch.
Inspection required. Any AAD installed in any commercial or public building or multiple dwelling shall be inspected annually by the inspection authority and a report filed with the licensing authority.
Any person, firm, corporation or other violating any provision of this chapter shall be deemed guilty and, upon conviction thereof, shall be subject to a fine not exceeding $250 or to imprisonment for a period not to exceed 15 days, or both, for each and every violation and for each week and every week that such violation continues.
In addition to other penalties, the Village of Elmira Heights may institute any appropriate action or proceeding to prevent the unlawful installation or operation of an automatic alarm device in violation of the requirements of this chapter.
The Village of Elmira Heights shall not be liable for any defect in the operation of the systems or for the failure to respond appropriately, or any errant responses upon receipt of signal, nor for the failure or defect of any license referenced in this chapter in respect to the installation, operation or maintenance of equipment, the transmission of signals or messages, or the relaying of such signals or messages.