[HISTORY: Adopted by the Town Board of the Town of Marlborough 12-11-2000
by L.L. No. 3-2000; amended in its entirety 11-25-2002 by L.L. No. 6-2002.
Subsequent amendments noted where applicable.]
This chapter shall be known and be cited as the "Alarm System Local
Law of the Town of Marlborough, New York."
The Town of Marlborough Police Department has recorded many false burglar,
holdup, fire and emergency alarms emanating from automated devices. These
signals require that police and other emergency services respond to false
alarms, exposing them and the public to unnecessary hazards and risks, wasting
taxpayer funds and depriving other citizens of needed emergency service. This
chapter is intended to regulate alarm systems, thereby reducing the number
of false alarms and saving taxpayer funds and protecting other citizens.
The following definitions pertain to this chapter:
Any device which, when activated, transmits, directly or indirectly,
a signal to Police Headquarters or to a private central alarm station or produces
any audible, visual or telephone signal to which the Police Department, Fire
Department or ambulance/medical service is expected to respond.
A telephone interfaced device that automatically connects to Police
Headquarters and transmits any signal or impulse indicating that an alarm
system has been activated or an emergency condition exists within the Town
of Marlborough.
The activation of the alarm system necessitating response by the Town of Marlborough Police Department, any fire department or ambulance/medical service where an emergency does not exist because of mechanical failure, malfunction, improper installation, failure to maintain the system. and/or premises, negligence or otherwise. False alarms do not include alarms caused by violent weather conditions, public utility malfunctions or other outside interference beyond the control of the owner or his agents (see § 53-10D).
Owner, tenant and/or other party principally responsible for the
alarm system.
A natural person, firm, partnership, association, limited-liability
company (LLC), limited-liability partnership (LLP), corporation or any other
entity licensed to operate in the State of New York, or representative or
agent of said entities, who is the owner or lessee of an alarm system and/or
the owner of the premises on which it is located.
The Chief of the Police Department of the Town of Marlborough.
The Town of Marlborough.
A.
No person in the Town of Marlborough shall operate, maintain,
monitor or install an alarm system without first obtaining a permit under
this chapter.
B.
Excluded from the provisions of this chapter are any
alarm systems installed in a motor vehicle or any device designed to alert
the occupants of a building of an emergency condition therein and which does
not transmit, directly or indirectly, a signal to Police Headquarters or to
a private central alarm station or produce any audible or visual or telephone
signal to which the Police Department, Fire Department and/or ambulance/medical
service is expected to respond.
C.
Each permit shall be renewed annually, whenever a keyholder
is changed or if the alarm system is substantially changed to affect operation
of the alarm system, including but not limited to a change in alarm company.
Any change in a system requiring a new application shall be considered a new
permit.
D.
The permit holder shall be responsible for operation
of the alarm System and liable for renewal, penalties and all other aspects
of the chapter.
A.
An application for a permit under this chapter shall
be filed with the Chief of the Town of Marlborough Police Department annually
on forms supplied by the Town, together with a nonrefundable application fee
of $20 made payable to the Town Clerk. Said application shall set forth the
following:
(1)
Name, address and telephone number of both the installers
of the system and the person or entity on whose premises the system will be
operated, maintained, monitored or installed.
(2)
The location of, and where on, the premises the alarm
system is proposed to be installed or has already been installed, prior to
the effective date of this chapter, including postal street address and directions
from a main road.
(3)
The type of emergency the alarm system is designed to
detect.
(4)
The name, address and telephone number of at least two persons who can be notified and will be available to come to the premises on a twenty-four-hour daily basis if and when the Town Police Department receives a signal, message or warning from said alarm system. This list shall be updated annually, whenever a keyholder is changed or if the alarm system is substantially changed to affect operation of the alarm system. Further, on the application should be all of the information that the Chief of Police needs to approve the application as set forth under Subsection B(1), (2) and (3), as well as any other information or documentation requested by the Chief of Police.
(5)
The applicant shall agree that if the person to be notified
either refuses to come to the premises upon request of the Town Police Department
or cannot be reached within a reasonable time by telephone or otherwise, the
Town Police Department may, without any liability for any changes, claims
or causes of action as a result of disconnection, or any liability as a result
of responding to an alarm or alarms, do either of the following: disconnect
the system itself, if possible. or contact the installer to disconnect the
system.
B.
The Chief of the Police Department, or his designee,
shall approve such application if he finds that:
(1)
The use of the alarm system to transmit a signal, message
or warning to the Town Police Department will not interfere with the orderly
transaction of Town business.
(2)
The installer of the system maintains a licensed service
organization to repair, maintain or otherwise service alarm systems sold or
leased by him. The service organization concerned must be licensed as per
Article 6D, § 69, of the New York State General Business Law.
(3)
The alarm system meets the following minimum requirements:
(a)
The alarm system shall be equipped with an automatic
audible signal cut-off device so that the maximum time any alarm shall cause
an externally audible signal to be emanated does not exceed 15 minutes per
activation.
(b)
The alarm system shall be equipped with a standby power
source sufficient to maintain the system in a state of readiness for at least
six hours in the event of a power failure.
(c)
If equipped, automatic dialer devices, upon a single
stimulus, shall not exceed two separate calls to the Police Department, and
no such call shall exceed one minute in duration. There must be at least a
two-minute interval between calls, with the second call clearly identified
as such.
(d)
The contents of any recorded message to be transmitted
to the Police Department must be intelligible and in a format approved by
the Chief of Police as appropriate for the type of emergency being reported.
(e)
Automatic dialer devices shall be connected to the Police
Department only via a telephone number designated by the police for this purpose.
C.
The Police Chief, or the designee, may impose such other
and further reasonable conditions on the granting of said permit as he may
deem necessary or proper in carrying out the provisions, legislative intent
and purposes of this chapter.
Any applicant whose application for a permit has been denied, and any
person whose permit has been suspended or revoked, may appeal such denial,
suspension or revocation in writing to the Town Board of the Town of Marlborough
within 30 days after such denial, suspension or revocation and may appear
before such Town Board at a time and place to be determined by the Town Board
in support of his or its contention that the permit should not have been denied,
suspended or revoked. The decision of the Town Board shall be final.
All persons operating, maintaining or monitoring an existing alarm system
who are not in compliance with the provisions of this chapter shall be considered
to be in violation and subject to penalties under this chapter.
A cancellation code will be available through the Police Department
for every alarm user permit. The code will allow the alarm user the ability
to abort any alarm activation. Alarm signals that are properly aborted by
code prior to rapid response by emergency personnel will not be charged against
the alarm user as a false alarm.
If the location of police headquarters should be changed at any time,
the Town shall not be responsible for any expense incurred by the owner or
lessee or business licensee or alarm agent for moving alarm systems or reconnecting
such systems to the relocated police headquarters.
A.
Upon the second false alarm, in any one calendar year,
the holder of the permit shall be sent written notice, by certified or registered
mail, from the Police Chief of possible fines to be levied upon all subsequent
false alarms.
B.
Upon the third false alarm in any one calendar year,
the holder of the permit shall be assessed a fine of up to $50 by the Town
of Marlborough, and, for each subsequent false alarm thereafter, the fee may
be increased up to a fee of $200 per violation, until reaching the 10th violation.
C.
Upon receiving a 10th false alarm, as well as for all
subsequent violations in any one calendar year, the permit holder may be assessed
a fine of up to $2,000 for each such violation.
D.
The Police Chief shall have the authority to not count
a false alarm or alarms from the annual total for good cause shown by the
person in writing. The permit holder will have the burden of proof for conditions
beyond the permit holder's control such as: violent weather conditions, public
utility malfunctions or other such interferences. The Police Chief shall maintain
records concerning the reasons any such alarm was disregarded.
A.
In addition to the suspension or revocation of a license
or permit, a violation of this chapter may subject the violator to the following
fines and penalties:
(1)
Operating, maintaining, monitoring or installing an alarm
system without a permit: a fine of up to $100 may be imposed as well as an
additional $20 each day after receiving the initial violation until such time
that a permit application has been approved.
(2)
Operating, maintaining, monitoring or installing an alarm
system after a permit has been suspended or revoked: a fine of $250 per day
may be imposed.
B.
Each day that a violation continues shall constitute
a separate offense.
This chapter is not intended to contradict or contravene any law, rule,
regulation, restriction or proscription of the United States, State of New
York, County of Ulster or Town of Marlborough, which may now or may hereafter
pertain, and accordingly, such legislation and regulations shall be deemed
continued in full force and effect and unaffected by this chapter.
If any part of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this chapter.
This chapter shall become effective upon filing with the New York State
Secretary of State's office.
