[HISTORY: Adopted by the City Council of the City of Ogdensburg 5-11-1992 (Ch. 65, Art. VIII, of the
1975 Ogdensburg Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A device or an assembly of equipment which emits an audible
response which is intended to alert persons outside the 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 purposes of
reporting such alarms to the emergency agencies or which is directly
connected to the emergency communications center or other emergency
agency.
Any person who owns, leases or uses an alarm system in the
City of Ogdensburg, except for a person whose alarm is on a mobile
vehicle or is a proprietary system.
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 employees or
agency or through any other cause which, through direct connection
through an emergency agency, or which, through notification of any
emergency via a private answering point or an automatic dialing service,
or which, through notification to an emergency agency by any other
second party or means, indicates that emergency situations exist requiring
an emergency response within the City of Ogdensburg 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 and the activator knows that an emergency situation does not
exist. "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 an alarm
system. Activation of alarm systems under any circumstances in which
the activator reasonably believes that emergency situations exist
is not an "avoidable alarm."
The Police Department or Fire Department, when summoned to
respond to an emergency situation by the fire/police dispatch center.
A signaling system which, when activated, causes an audible
signaling device to be activated outside the premises within which
the system is installed.
A business which offers the services of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
An alarm, sounding and/or recording alarm and supervisory
signals at a control center located 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 a
"proprietary system" includes a signal line connected directly to
or by means of an automatic dialing device to an emergency or to a
private answering point or to a local alarm system, it thereby becomes
an alarm system as defined in this section.
The provisions of this chapter shall not apply to proprietary
alarm systems. Additionally, a thirty-day grace period will be allowed
for new alarm systems.
A.Â
The
City shall notify an alarm user, in writing, by means of first class
mail sent to the home address listed at the dispatch center of all
avoidable alarms during the calendar year. Such notice shall inform
the alarm user that if the alarm user has three avoidable alarms within
a calendar year, then he will be subject to an excessive use fee.
The excess use fee shall be as follows:
|
Number of Avoidable Alarms
|
Excessive Use Fee
|
|---|---|
|
4 or 5
|
$50
|
|
6 or 7
|
$100
|
|
8 or more
|
$250
|
B.Â
The
City shall notify each alarm user, in writing, by means of first class
mail of each avoidable alarm incurred and the amount to be charged.
Should the City not receive prompt payment within 30 days of the date
of the invoice, the City reserves the right to disconnect the user
from the emergency control center panels for excessive abuse.
The Chief of Police and the Fire Chief shall establish policy
and procedures whereby an alarm user who has been notified of an avoidable
alarm may present evidence as to why any such alarm should not be
classified as an avoidable alarm. The Chief of Police and the Fire
Chief shall designate members of their Departments to collect such
evidence and make a recommendation and findings of fact concerning
such classification. The Chief of Police or Fire Chief shall make
the final determination concerning a classification, which determination
shall be reviewable only pursuant to procedures established under
Article 78 of the Civil Service Practice Law and Rules. In order to
challenge the classification of an alarm as an avoidable alarm, an
alarm user must notify the Chief of Police, in writing, within 20
days after the notification to the alarm user of the avoidable alarm.
The failure to give timely notice shall be deemed a waiver of the
right to challenge the classification.
The decision to disconnect users from the fire control center
shall be at the sole and absolute discretion of the Fire Chief of
the Fire Department. The decision to disconnect users from the intrusion
alarm system shall be at the sole and absolute discretion of the Police
Chief of the Police Department.
The Chief of Police and Fire Chief shall have the authority
to promulgate rules and regulations concerning alarm systems. The
Ogdensburg Police and Fire Departments will monitor both telephone
and direct alarms, as long as the owner's alarm is compatible
with the present equipment and resources.
