This chapter shall be known as the "Automated
Alarm Systems Law of the Village of Montebello."
The Police Department of the Town of Ramapo
has reported to the Village Board extraordinary numbers of false alarms
emanating from automated alarm systems. These false alarms unnecessarily
require that our police and volunteer fire departments respond in
an emergency fashion to signals which should not have been created
in the first place, depriving the citizens of this Village from the
sorely needed services of our emergency forces and expose the police
and firemen to unnecessary hazards and risks. Therefore, it is the
intent of this chapter to reduce the occurrence of false alarms and
provide a mechanism whereby those responsible for the creation of
these false alarms to be dealt with in an appropriate fashion. It
is not the intent to discourage the use of automated equipment, but
rather to encourage the use of automated equipment that fulfills the
function it is intended to perform. To facilitate enforcement the
Police Department has requested standardized legislation within its
jurisdiction. This chapter complies with that request and is enacted
by authority of § 20, Subdivision 5, of the Municipal Home
Rule Law and all other statutory authority.
For the purposes of this chapter, the following
terms shall have the following meanings:
ALARM DEVICE
A mechanical, electrical, or electronic device which when
activated, will transmit a signal, which is intended to create a response
from either a fire department or police department, or other emergency
service, whether or not the signal generated be audible, visible or
electronic, and whether such signal be automatic or otherwise.
ALARM INSTALLER
Any person, firm, corporation or business entity which has
installed and/or receives compensation for service or maintenance
of a burglar or fire alarm device from an alarm user.
ALARM USER
Any person, firm, corporation or business entity, upon whose
premises an alarm device is installed or operating.
FALSE ALARM
A signal transmitted to either fire or police departments,
or a central alarm station, or an outside audible signal indicating
that a fire or criminal act or emergency is occurring, when in fact
neither a criminal act or fire or emergency is occurring.
POLICE DEPARTMENT
Police Department of the Town of Ramapo or such department
which, at the time, may then be providing police services to the Village.
PREMISES
Any building, dwelling, or residence on which an alarm device
has been installed.
Any alarm installer contracted to install an
alarm device or system of alarm devices must be licensed to perform
home improvement pursuant to a license issued by the Rockland County
Office of Consumer Protection and must possess a state license issued
pursuant to Article 6-B of the General Business Law.
It shall be unlawful for any alarm user or alarm
installer to permit or allow an alarm device to signal a false alarm
whether intentionally or unintentionally, or whether due to malfunction
or otherwise.
If an alarm device activates an outside audible
signal, such outside audible signal cannot be broadcast for more than
30 minutes after initial activation.
[Amended 5-17-2024 by L.L. No. 1-2024]
A. A violation of §§
42-4 and
42-5 shall be punishable by a fine of not less than $100 nor more than $250.
B. Any person convicted of a violation of §
42-6 or
42-7 of this chapter, within one year after the issuance of a warning to such person or to any member of his household or to an agent, shall be subject to the following penalties for all subsequent false alarms occurring after 72 hours after the issuance of said first warning:
(1) For initial false alarm: warning only.
(2) For first false alarm after warning, within a one-year
period after the issuance of a warning: $150.
(3) For
second false alarm after warning, within a one-year period after the
issuance of the initial warning: $250.
(4) For
each subsequent false alarm after warning, within a one-year period
after the issuance of the initial warning: $500.
C. If a false
alarm occurs one year or more after the initial warning, a second
initial warning shall be issued and be considered as an initial false
alarm for the purposes of assessing a penalty.
[Amended 5-17-2024 by L.L. No. 1-2024]
The Police Department, Building Inspector, Assistant
Building Inspector, Fire Inspector, Code Enforcement Officer, or any
other person expressly authorized by the Board of Trustees shall have
the power, right and authority to issue an appearance ticket, as the
same is defined in Article 150 of the Criminal Procedure Law of the
State of New York, for the violation of any section of this chapter.