[HISTORY: Adopted by the Rochester City Council
1-17-1984 by Ord. No. 84-18. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Code Violations Bureau — See Ch. 13A.
This chapter shall be known as the "Alarm Systems
Ordinance."
It is the purpose of this chapter to protect
and promote the health, safety and general welfare of the residents
of the City of Rochester by reducing the number of avoidable alarms
to emergency agencies. Avoidable alarms contribute to 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, ambulance and fire communications
facilities will be available to dispatch police, ambulance and fire
personnel for actual emergencies and to alleviate the nuisance of
audible alarms to the surrounding community. Another purpose of this
chapter is to provide the City 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:
Any person who engages in the business of selling, altering,
installing, leasing, maintaining, repairing, replacing, servicing
or responding to an 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 Emergency Communications Center or other emergency
agency.
Any person who owns, leases or uses an alarm system within
the City of Rochester, 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 system at a premises
(other than a proprietary system) in the City of Rochester, the person
using such system is an "alarm user."
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 or her employees
or agents or through any other cause which through direct connection
to an emergency agency or which through notification of an emergency
agency by a private answering point or automatic dialing device or
which through notification to an emergency agency by any other second
party or means indicates that an emergency situation exists requiring
an emergency response within the City of Rochester 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 when 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 an alarm system under any circumstances in which
the activator reasonably believes that an emergency situation exists
is not an "avoidable alarm."
[Amended 2-14-2006 by Ord. No. 2006-22]
Any police department, fire department or other law enforcement
agency, ambulance company or other agency summoned to respond to an
emergency situation; and the Emergency Communications 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 service 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 of the
premises on which the alarm system is located of a possible hazard
and is 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 dialing 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.
The provisions of this chapter shall not apply
to proprietary alarm systems. Permits shall be required for alarm
systems located in buildings of federal, state or local governmental
agencies or authorities or in public elementary or secondary schools,
and said alarm systems shall meet the other requirements of this chapter,
but said alarm systems shall be exempt from all fees established in
this chapter.
A.
No person shall own, use, lease, operate or maintain
an alarm system within the City of Rochester unless such person shall
have first obtained from the City a permit for such alarm.
B.
Alarm user permit application.
(1)
In order to obtain an alarm user permit, any person
who operates an alarm system shall submit an application for such
permit in the form designated by the City, which application shall
contain the following information:
(a)
The name and home address of the person applying for
a permit.
(b)
The address of the premises upon which the alarm system
is or will be located.
(c)
The type of alarm system for which the permit is sought.
(d)
The name of the alarm business or businesses selling,
installing, monitoring, inspecting, responding to and/or maintaining
the alarm system, if applicable.
(e)
The telephone number of the person applying for the
permit.
(f)
The name and telephone number of at least two other
persons who can be reached at any time, day or night, and who are
authorized by the owner of the premises in which the system is installed
to open the premises. This requirement may be waived by the City for
residential owners if it will result in a hardship or for a good cause
shown.
(g)
Any other information as the City may require.
(2)
The information required on the permit application
shall be treated as confidential and shall not be made available to
members of the general public. The Council finds that the release
of such information would constitute an unwarranted invasion of personal
privacy and could endanger the life or safety of persons at the premises
where an alarm system is located. The information on a permit application
shall be used by the City only for law enforcement purposes.
(3)
Every application for an alarm user permit shall be
accompanied by a fee of $25. No alarm user permit shall be granted
unless the applicable fee is submitted with the application.
[Amended 10-13-1992 by Ord. No. 92-379; 6-18-2002 by Ord. No. 2002-201; 6-17-2008 by Ord. No.
2008-205; 6-15-2010 by Ord. No. 2010-194; 6-19-2018 by Ord. No. 2018-168[1]]
[1]
Editor's Note: This ordinance provided an
effective date of 7-1-2018.
(4)
Upon receipt of a properly executed application, the
City shall issue an alarm user permit to the applicant. Alarm user
permits shall not be transferable and shall be maintained on the premises
where the alarm system is located and made available for inspection
by emergency agency officers.
C.
Duration of permit.
(1)
An alarm user permit shall expire on April 30 next
following its issuance.
(2)
An alarm user permit shall be revoked whenever 25 or more avoidable alarms are recorded for a system in any one permit year. Notice of such revocation shall be sent by the City, by first-class mail, to the home address listed on the permit application at least 10 days before the revocation takes effect. The alarm user may reinstate a revoked permit by payment of all excessive use fees and by submission of proof that modifications have been made to the alarm system to reduce the number of avoidable alarms. The alarm user may seek administrative review of the revocation in accordance with Subsection G hereof by notifying the Fire Chief or Chief of Police, in writing, within 10 days after the date of the notice of revocation. The failure to give timely notice shall be deemed a waiver of the right to challenge the revocation. An alarm user permit shall not be revoked under this subsection if said alarm system is required by federal, state or local law, However, all other provisions of this section shall apply to such systems, and the user of such a system shall remain responsible for the payment of all authorized fees.
[Amended 4-15-1986 by Ord. No. 86-96]
D.
Renewal of permit. Subject to the provisions of this chapter and upon payment of the appropriate permit renewal fee, stipulated in Subsection E hereof, an alarm user permit may be renewed by the alarm user.
E.
Renewal fees based on use.
(1)
The annual permit renewal fee shall be based upon
the number of avoidable alarms recorded for each alarm user as follows:
[Amended 4-15-1986 by Ord. No. 86-96; 6-18-1991 by Ord. No. 91-257; 5-12-1992 by Ord. No. 92-17510-13-1992 by Ord. No. 92-379; 6-14-1994 by Ord. No. 94-171; 6-18-2002 by Ord. No.
2002-201; 1-27-2004 by Ord. No. 2004-38[2]; 6-17-2008 by Ord. No. 2008-205; 6-15-2010 by Ord. No.
2010-194; 6-19-2018 by Ord. No. 2018-168[3]]
(a)
For an alarm user with zero avoidable alarms during
the preceding year, a renewal fee of $25 shall be charged.
(b)
For an alarm user with one avoidable alarm during
the preceding year, a base permit renewal fee of $25 shall be charged,
plus an additional excessive use fee of $5.
(c)
For an alarm user with two avoidable alarms during
the preceding year, a base permit renewal fee of $25 shall be charged,
plus an additional excessive use fee of $30.
(d)
For an alarm user with three avoidable alarms
during the preceding year, a base permit renewal fee of $25 shall
be charged, plus an additional excessive use fee of $50.
(e)
For an alarm user with four avoidable alarms
during the preceding year, a base permit renewal fee of $25 shall
be charged, plus an additional excessive use fee of $90.
(f)
For
an alarm user with more than four avoidable alarms during the preceding
year, a base renewal fee of $25, plus an additional excessive use
fee of $90 and an additional excessive use fee of $50 for each subsequent
avoidable alarm, shall be charged, except that such excessive use
fees shall not be charged for systems with any combination of more
than 500 pull stations, or heat, smoke, flame or fire gas detectors,
or water flow sensing devices, not including sprinkler heads, until
the alarm user has had more than 20 avoidable alarms during the preceding
year, and such excessive use fees shall not be charged for residential
child-care facilities with any combination of more than 100 pull stations,
or heat, smoke, flame or fire gas detectors, or water flow sensing
devices, not including sprinkler heads, until such a facility has
had more than 40 avoidable alarms during the preceding year. At the
time of renewal, an alarm user shall receive credit for any amounts
paid during the permit year to reinstate a revoked permit.
(2)
No renewal shall be granted unless the appropriate
renewal fee is submitted with the renewal application.
(3)
If a permit lapses, no permit, whether renewal or
otherwise, shall be granted to an alarm user for the same premises
within three years after the permit expires, unless all outstanding
renewal fees are paid.
F.
Notice of excessive use fees. The City shall notify
an alarm user, in writing, by means of first-class mail sent to the
home address listed on the permit application, when an alarm user
has reached the number of avoidable alarms during a permit year which
leads to excessive use fees for additional avoidable alarms. Such
notice shall inform the alarm user that additional avoidable alarms
will subject the alarm user to such excessive use fees. At the end
of a permit year, the City shall notify each alarm user, in writing,
by means of first-class mail sent to the home address listed on the
permit application, of the number of avoidable alarms incurred during
the preceding year and the amount to be charged. Excessive use fees
shall be paid only at the end of a permit year, after renewal notifications
have been mailed, unless a permit has been revoked.
[Amended 4-15-1986 by Ord. No. 86-96]
G.
Administrative review. The Chief of Police and the
Fire Chief shall establish procedures whereby an alarm user with more
than three avoidable alarms during a permit year 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 the Fire Chief shall make the final determination concerning
the classification, which determination shall be reviewable only pursuant
to Article 78 of the Civil Practice Law and Rules. In order to challenge
the classification of an alarm as an avoidable alarm, an alarm user
must so notify the Chief of Police or Fire Chief, in writing, within
10 days after the date of the notification to the alarm user of the
avoidable alarms incurred during the preceding period, except that
the first three avoidable alarms may only be challenged within 10
days of an alarm user being notified on a fourth avoidable alarm during
a permit year. The failure to give timely notice shall be deemed a
waiver of the right to challenge the classification.
[Amended 4-15-1986 by Ord. No. 86-96]
Violators of § 27-5A shall be liable for a civil penalty of $100. Upon finding an alarm user operating an alarm system without a valid permit, an alarm user shall be issued a Municipal Code violations ticket. Such ticket shall be dismissed if the alarm user obtains a permit within 25 days after issuance of the ticket and submits proof that a permit has been obtained to the Municipal Code Violations Bureau prior to or at a scheduled hearing on the ticket. Payment of the penalty established herein shall not satisfy the requirement to obtain a permit or to pay the applicable permit fees.
A.
Every alarm business in the City of Rochester shall
provide all alarm system purchasers or lessees with written instructions
that provide adequate information to enable the alarm user to operate
the alarm properly. A current copy of all such written instructions
shall be furnished to the City upon its request.
B.
Every alarm business in the City of Rochester shall
provide all alarm system purchasers or lessees with an application
for an alarm user permit in the form designated by the City.
C.
No alarm business in the City shall sell, alter, install,
lease, maintain, repair, replace or service an alarm system unless
the system owner, user, lessee or operator shall have obtained from
the City a permit for such alarm.
[Added 9-19-2006 by Ord. No. 2006-293]
Alarm systems which are interconnected or otherwise
transmit signals directly to the Emergency Communications Center shall
be subject to the laws, rules, regulations and penalties adopted by
the County of Monroe relating to such systems.
A.
All local alarm systems shall become deactivated and
silenced automatically after a period of time not to exceed 15 minutes.
B.
Police and/or fire officials may disable an audible
alarm signal that has not been silenced prior to the expiration of
the fifteen-minute period and shall not be liable for any damage that
may result.
The Municipal Code Violations Bureau shall hear
and determine charges involving violations of this chapter.
