[HISTORY: Adopted by the Town Board of the Town of North
Castle 5-13-1993 by L.L. No. 4-1993 (Ch. 60 of the 1987 Code). Amendments
noted where applicable.]
The purpose of this chapter is to provide regulations and standards
applicable to alarm devices and alarm users, as defined in this chapter.
For the purpose of this chapter, the following definitions shall
apply:
Any device which, when activated by a criminal act or by
smoke, fire or other emergency requiring Police or Fire Department
response, transmits a signal to a private central alarm station and/or
produces an audible or visible signal to which the Police or Fire
Department is expected to respond. Excluded from this definition and
from the coverage of this chapter are alarm devices which are designated
to alert or signal persons within the premises in which the alarm
device is installed of an attempted unauthorized intrusion, holdup,
fire or other emergency and which are not intended to alert persons
outside the premises.
Any security, burglar or fire alarm device or aggregation
of security or fire alarm devices installed on or within a single
building or on or within more than one building or area adjacently
located on a common site at a specific location.
A committee consisting of the following: the Fire Inspector,
the Police Chief or his representative and the Building Inspector.
The function of the Alarm Review Board shall be to review and make
recommendations to the Town Board with respect to all disputes arising
out of violations of this chapter, false alarm penalties, alarm device
malfunctions and permit suspension or revocation. The Town Board shall
have final authority in the settlement of disputes. It shall further
be the function of said Alarm Review Board to recommend prosecution
of any violations of this chapter to the Town Counsel.
Any person on whose premises an alarm device is owned, operated,
used or maintained.
Any facility operated by a private firm that owns or leases
a system of alarm devices, which facility is manned by operators who
receive, record or validate alarm signals and relay information about
such validated signals to Police Headquarters when appropriate.
Any alarm device which transmits a signal over a leased telephone
line to a private central monitoring station.
Any alarm resulting from the activation of an alarm device
to which the Police or Fire Department responds which is not the result
of a robbery, burglary or other crime, fire or emergency.
The Town Clerk, who shall be directly responsible to the
Town Board for the purposes of this chapter.
Any alarm device not connected to a private central alarm
monitoring station which, when activated, causes an audible and/or
visual signaling device to be activated on the exterior of the premises
within which the device is installed.
A mechanical deficiency or other fault or failure in an alarm
device which results in a false alarm but which is not caused by any
fault or negligence on the part of the alarm device owner or operator.
Any alarm device in which activation of the alarm signal
is initiated by the direct action of the alarm user.
An individual, firm, company, partnership or corporation.
A.
Licensing authority. The licensing authority is hereby authorized
to grant a revocable permit to any owner of property located within
the Town of North Castle, or the lessee thereof, to operate, maintain,
install and modify an alarm device.
B.
Licenses. No person shall engage in the business of installing security
or fire alarm systems or hold himself out as being able so to do unless
he is licensed therefor pursuant to Article 6-D of the General Business
Law.
C.
Applications for permits. Applications for permits shall be made
as follows: Any property owner or lessee of property in the Town of
North Castle having on his or its premises an alarm device or system
of alarm devices shall apply to the licensing authority for a permit
to own or otherwise have such a device on his or its premises. Application
shall be made to the licensing authority by submitting a completed
form to be supplied by the licensing authority. This permit is not
transferable upon the sale or transfer of the property by the property
owner. No such device may be installed on the premises of the owner
or lessee prior to the licensing authority having issued a permit
to such owner or lessee, and no presently existing alarm device shall
be modified prior to the licensing authority having issued a permit
to such owner or lessee. All permit holders must immediately notify
the licensing authority of any changes in the information provided
in the permit application.
D.
Fees. A fee shall be charged in connection with the review of all
alarm applications and other actions of the Town described in or contemplated
by this chapter in such amounts as set forth in the Master Fee Schedule.[1]
[Amended 12-5-2006 by L.L. No. 23-2006; 8-14-2013 by L.L. No.
7-2013]
E.
Denial, suspension or revocation of permit; disconnection of alarm
systems.
(1)
The Town Board may require the denial, suspension or revocation of
any permit or the disconnection of any alarm system for the violation
of any of the provisions of this chapter. Any permit issued hereunder
shall be surrendered immediately to the licensing authority upon such
suspension or revocation.
(2)
No part of a permit fee shall be refunded when a permit is suspended
or revoked.
(3)
Any applicant whose application for a permit has been initially denied,
suspended or revoked by the Town Board may appeal such denial, suspension
or revocation in writing to the Alarm Review Board within 10 days
after the date of notice of suspension or revocation and may appear
before such Alarm Review Board at a time and place to be determined
by the Board in support of his or its contention that the permit should
not have been suspended or revoked. The decision of the Town Board,
based upon the recommendation of the Alarm Review Board, shall be
final.
A.
Town assumes no responsibility for such systems.
(1)
Notwithstanding the payment of any fee and/or the issuance of any
permit as herein required, the Police Department and the Town of North
Castle shall be under no obligation whatsoever concerning the adequacy,
the operation or the maintenance of the alarm device so installed,
and the Town of North Castle and its authorized agents hereby assume
no liability whatsoever for any failure of any such alarm device or
the central monitoring facility or for the failure to respond to any
such alarm or for any act of omission or commission as a result of
any such alarm device or system.
(2)
The alarm user or permittee, upon acceptance of such permit, hereby
agrees to hold and save harmless the Town of North Castle, its agents
or employees from any liability whatsoever in connection with any
such alarm device or the operation of the same.
B.
Intentional false alarm. It shall be a violation of this section to intentionally cause a false alarm, and any person who does intentionally cause a false alarm shall be subject to the penalty provisions of Subsection C.
C.
False alarm charges.
[Amended 1-14-2009 by L.L. No. 1-2009]
(1)
Any owner or lessee of property having an alarm device or system
of devices on his or its premises and any user of services or equipment
furnished by a licensee under this chapter shall pay to the Town a
charge for each and every false alarm to which the Police Department
or Fire Department responds in each calendar year in such amount as
set forth in the Master Fee Schedule.[1]
[Amended 8-14-2013 by L.L. No. 7-2013]
(2)
More than four false alarms in a year may constitute grounds for
the suspension or revocation of an alarm user's permit. For more than
two suspensions during a one-year period, the Alarm Review Board may
require an independent inspection of the system to be completed by
its designee at a cost to be agreed upon in advance and paid by the
user. False alarm charges may be waived by decision of the Town Board
as recommended by the Alarm Review Board. Any alarm owner, lessee
or user charged with a false alarm penalty may appeal such charge
in writing to the Alarm Review Board within 10 days after receipt
of the notice of penalty and may appear before the Alarm Review Board
at a time and place to be determined by the Board. The above charges
will be collected by the licensing authority.
D.
Maintenance. The owner or lessee shall be responsible for the maintenance
and service of his or its alarm device equipment and shall be responsible
for all malfunctions of his or its equipment.
E.
Rules, regulations, standards and enforcement. The Town Board shall
promulgate rules, regulations and standards applicable to alarm devices
and alarm users which are necessary for the purpose of assuring the
quality, efficiency and effectiveness of alarm devices and alarm installations.
The Town Board shall administer and direct enforcement of the provisions
of this chapter. The aforesaid rules, regulations and standards shall
be set forth in writing, and copies shall be available for applicants.
A.
Exceptions. None of the provisions of this chapter shall apply to
an alarm device or devices installed in a motor vehicle or trailer,
nor to employees of a public utility company engaged in the business
of providing communication services or facilities.
B.
Savings clause. The repeal of the previous alarm local laws shall
not affect rights or liabilities which have previously arisen thereunder,
nor shall the provisions of this chapter apply to or govern the construction
of and punishment of any offense committed prior to its effective
date.
Any person requesting an appeal with respect to disputes arising
out of violations of this chapter who shall fail to appear before
the Alarm Review Board at the scheduled time and place shall be entitled
to one adjournment. Upon the failure to appear at a subsequently scheduled
time and place, such person shall lose the right to appeal and any
fines then owing shall become final.
[Amended 4-29-2020 by L.L. No. 3-2020]
A.
Any person who shall fail to comply with the state licensing requirements
provided in Article 6-D of the General Business Law shall be guilty
of a misdemeanor and, upon conviction, shall be punishable by imprisonment
of not more than 15 days or by a fine of not more than $1,000 per
day, or by both such fine and imprisonment. Each day's continued violation
shall constitute a separate additional violation.
B.
The failure of any person to obey any provision of this chapter or
to obey any order pursuant to this chapter of the licensing authority,
Police Chief or his designee or the Town Board constitutes a violation
punishable by a fine of up to $1,000 per day per violation. Each day's
continued violation shall constitute a separate additional violation.
C.
Any person who shall intentionally tamper with, destroy or compromise
any alarm or alarm device or equipment connected therewith, which
alarm or alarm device is governed by the provisions of this chapter,
shall be guilty of a Class A misdemeanor punishable by a fine of up
to $1,000 per day per violation or by imprisonment of not more than
15 days, or both. Each day's continued violation shall constitute
a separate additional violation.
A.
This subsection applies to all alarm equipment to be connected to
a central alarm monitoring facility.
(1)
Alarm equipment may be installed only by persons licensed by the
Secretary of State.
(2)
In the event of a malfunction in any part of the system operated
by a subscriber, such subscriber shall be notified, in writing, that
he has three working days from the receipt of such notice in which
to correct the malfunction and restore the system to its proper operating
condition.
(3)
Any system with exterior audible alarm bells must be equipped with
a fifteen-minute shutoff switch in residential systems and thirty-minute
shutoff switch in commercial systems.
(4)
Every alarm system maintained within the Town shall be equipped with
a standby power supply system sufficient to maintain the system in
a state of readiness to detect the conditions it was installed to
monitor for a period of at least four hours in the event of a loss
of power supplied by either the public utility power system or the
customary power system provided for the premises. Such standby power
supply must also retain sufficient power at the end of the four-hour
period to successfully transmit a clear signal through an attached
automatic alarm communication device, if present, or to power local
audible or visible signaling devices at rated volume or intensity
for a period of at least 10 minutes.
B.
This subsection applies to all exterior bell systems not connected
to a central alarm monitoring facility.
(1)
Alarm equipment may be installed only by persons licensed by the
Secretary of State.
(2)
In the event that an audible bell is set off due to a malfunction
in the system, the resident shall have three business days in which
to have such malfunction corrected. If at the end of that time period
the malfunction has not been corrected, the system may be ordered
out of service at the residence.
(3)
Any system with exterior audible bells must be equipped with a fifteen-minute
shutoff switch in residential systems and thirty-minute shutoff switch
in commercial systems.
