This chapter shall be known as the "Local Law Regulating Alarm Systems
in the Village of Fishkill."
It is the purpose of this chapter to protect and promote the health,
safety and general welfare of the residents of the Village of Fishkill by
reducing the number of avoidable alarms to emergency agencies. Avoidable alarms
contribute to the ineffective utilization of public safety manpower and equipment.
In addition, avoidable alarms require emergency responses which may contribute
to a high accident rate and delayed responses to genuine emergencies. This
chapter seeks to ensure that police, fire communications and ambulance facilities
will be available to dispatch police, fire and ambulance personnel for actual
emergencies and to alleviate the nuisance of audible alarms in the village.
Another purpose of this chapter is to provide the village and emergency agencies
with the names of responsible people to contact in the case of activation
of an alarm.
As used in this chapter, the following terms shall have the meanings
indicated:
ALARM SYSTEM
A device or an assembly of equipment which emits an audible response,
which is intended to alert persons 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 County Fire Control Center or other
emergency agency.
ALARM USER
Any person who owns, leases or uses an alarm system within the Village
of Fishkill, except for a person whose alarm system is on a motor vehicle
or is a proprietary system. If, however, an alarm system on a motor vehicle
is connected with an alarm at a premises (other than a proprietary system)
in the Village of Fishkill, 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 his/her employees or agents, or through any other cause
which, through direct connection to an emergency agency or through notification
of an emergency agency by a private answering point or automatic dialing device
or through notification to an emergency agency by any second party or means,
indicates that an emergency situation exists requiring response within the
village when, in fact, an emergency situation does not exist. An avoidable
alarm does not include alarms activated by violent conditions of nature such
as hurricanes, tornadoes, earthquakes or any other similar cause beyond the
control of the user of the alarm system. Activation of an alarm system under
any circumstances which the activator reasonably believes that an emergency
situation exists is not an avoidable alarm. Notwithstanding any language to
the contrary, the defective installation of an alarm system or the use of
defective equipment in connection with an alarm system shall not constitute
an extraordinary circumstance beyond the reasonable control of the alarm user.
EMERGENCY AGENCY
Any police department, fire department or other law enforcement agency
or ambulance company (private or public) or other agency summoned to respond
to an emergency situation and any public safety answering point serving the
Village of Fishkill.
LOCAL ALARM SYSTEM
A signaling system which, when activated, causes an audible signaling
device to be activated outside the premises with which the system is installed.
NOTICE ADDRESS
The address which an alarm user designates on the application for
a permit as 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 of 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 a 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 thereby becomes an alarm system as defined in this chapter.
No person shall own, use, lease, operate or maintain an alarm system
within the Village of Fishkill unless such person shall have first obtained
from the village a permit for such alarm, as herein provided.
An alarm user permit shall expire on March 31 next following its date
of issuance.
The village 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 village shall
notify each alarm user having more than three avoidable alarms of the number
of avoidable alarms incurred during the preceding year and the amount to be
charged for the renewal of the alarm user permit. The notice shall be in writing
and shall be sent by first-class mail to the notice address listed on the
application.
An alarm user permit shall be revoked whenever 10 or more avoidable alarms are recorded for a system in any one permit year. Notice of such revocation shall be sent by the village via first-class mail, to the notice address listed on the permit application, at least 15 days before the revocation takes effect. The alarm user may reinstate a revoked permit by the payment of the excessive use fee for each avoidable alarm in excess of three (the excessive use fee shall be as specified in §
37-9B(3) of this chapter) 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. An alarm user permit shall not be revoked under this section if said alarm system is required by federal, state or local law. However, 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.
[Amended 9-10-2001 by L.L. No. 5-2001]
Any emergency agency as herein defined desiring the Village Fire Inspector
or the Village Police Chief to initiate enforcement of this chapter against
an alarm user who has generated avoidable alarms shall comply with the following
requirements:
A. The emergency agency shall send to the Fire Inspector or the Chief of Police of the Village of Fishkill an alarm incident report containing the information required in §
37-13 within seven days of the alarm call.
B. A copy of the avoidable alarm incident report shall be
mailed by the emergency agency, via first-class mail, to the alarm user to
the notice address listed on the permit applications.
C. An alarm user receiving a notice of an avoidable alarm
may challenge such classification by notifying the emergency agency in writing,
specifying in detail the reasons why the alleged avoidable alarm should not
be so classified. The challenging notice must be received by the emergency
agency within 20 days after notification to the alarm user. A hearing may
be requested by the alarm user with the notice. The failure to file timely
notice shall be deemed a waiver of the right to challenge the classification.
D. Within a reasonable time, but not more than 45 days after
receipt of a notice from an alarm user challenging the classification of an
alarm as an avoidable alarm, the emergency agency shall make a final determination,
which shall be reviewable only pursuant to Article 78 of the Civil Practice
Law and Rules.
E. Within 10 days after a final determination has been made
by the emergency agency, a copy thereof shall be filed with the Village Clerk
and a copy mailed or otherwise given to the alarm user.
Whenever an emergency agency files an avoidable alarm report, such report
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.
[Amended 9-10-2001 by L.L. No. 5-2001]
The Fire Inspector, Chief of Police and/or Fire Chief of the Village of Fishkill is authorized to develop procedures for the purpose of implementing or providing clarification for §§
37-12 and
37-13 of this chapter.
Alarm systems which are interconnected or otherwise transmit signals
directly to the County Fire Control Center shall be subject to the laws, rules,
regulations and penalties adopted by the County of Dutchess relating to such
systems.
In addition to any other fees or penalties provided for in this chapter, a violation of §
37-5 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 15 days after notice to said person that he/she is required to obtain an alarm user permit, and further provided that no charge shall be filed against a person so notified if he/she obtains a permit during said fifteen-day period. A person found guilty of violating §
37-5 shall not be excused from obtaining the required permit.
If within a seventy-two-hour period three avoidable alarms are received
from an alarm user, the alarm user will be required to show written proof
to the Fire Inspector and/or Fire Chief that repairs have been made to the
alarm system by a recognized alarm installation company. Failure to produce
this proof within 24 hours of the third avoidable alarm will result in a fine
of $150. Any additional avoidable alarms will result in an additional fine
of $25 per alarm.
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.