[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.
Any AAD installed in or within a single building or within several
buildings or areas adjacent.
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.
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.
Any emergency service facility which activates response to alarms
(hereinafter called "central dispatch").
Any fire, police, medical, ambulance or other agency which provides
emergency services.
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.
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.
Village of Elmira Heights, New York.
A.
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.
B.
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.
C.
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.
D.
Fees.
(1)
Permits. There shall be a fee for permits to be determined
by the Village Board of the Village of Elmira Heights.
(2)
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.
E.
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.
A.
If an AAD alarm activates, the licensing authority shall
inspect the AAD within five days after the date of the alarm.
B.
False alarms; charges.
(1)
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:
(2)
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
A.
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.
B.
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.
