[HISTORY: Adopted by the Common Council of
the City of Oneida 11-5-1986 by Resolution No. 86-4. Amendments noted
where applicable.]
This chapter shall be known as the "City of
Oneida Alarm System 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 Oneida 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 communication facilities
will be available to dispatch fire, ambulance and police personnel
for actual emergencies and to alleviate the nuisance of audible alarms
to the 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. This chapter is enforceable for the following
structures:
As used in this chapter, the following terms
shall have the meanings respectively ascribed to them in this section:
Any individual, partnership, corporation or other entity
engaging in the business of selling, leasing, maintaining, servicing,
repairing, altering, replacing, moving or installing any alarm system.
A device or assembly of equipment which emits a signal which
is intended to alert persons inside or 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, emergency communications center or other emergency
agency. Excluded from this definition and chapter, however, is any
residential smoke, heat or combustion detector not connected to any
point outside the premises or intended to be heard or detected outside
the premises.
[Amended 4-1-2014 by L.L. No. 3-2014[1]]
Any person, firm, partnership, association, corporation,
company or organization of any kind in control of any building, structure
or facility wherein an alarm system is maintained, except when the
alarm system is a proprietary system.
A device which is interconnected to a telephone line and
is programmed to select a predetermined telephone number and transmit
by voice message or code signal an emergency message indicating a
need for emergency response.
The activation of an alarm system through mechanical failure,
malfunction, improper installation, failure to notify for testing
or maintenance or the negligence of the owner, user, custodian or
lessee of an alarm system or of his employees or agents or through
any other cause, which through direct connection to an emergency agency
or which through notification of 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 emergency response within
the City of Oneida, when, in fact, an emergency situation does not
exist. An 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 exists is not
an avoidable alarm.
[Amended 11-20-2012 by Ord. No. 12-12]
A fire detection system that is under the control and guidance
of an outside agency that specializes in watch services. The alarm,
in addition to alerting building occupants, will register in the central
watch station. The watch service will then notify the local Fire Department.[2]
Any Fire Department, Police 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 inside the premises within which
the system is installed, excluding, however, any residential smoke,
heat or combustion detection not connected to any point outside the
premises or intended to be heard or detected outside the premises.[3]
A telephone line serving an emergency agency or the Emergency
Communications Center that is designated to receive emergency calls.
A business which offers the service of receiving emergency
signals, monitoring said signals and relaying them to an emergency
agency.
An alarm system 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 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 section.
A sounding device activated by water flow detector or alarm
check valve and arranged to sound an alarm which will be audible in
all living areas over background noise levels with all intervening
doors closed.
[1]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
[2]
Editor’s Note: The former definition of “control
loop,” which immediately followed this definition, was repealed
4-1-2014 by L.L. No. 3-2014, which local law provided an effective
date of 1-1-2016.
[3]
Editor’s Note: The former definition of "municipal or
auxiliary system," which immediately followed this definition, was
repealed 4-1-2014 by L.L. No. 3-2014, which local law provided an
effective date of 1-1-2016.
A.
The provisions of this chapter shall not apply to
proprietary alarm systems and residential smoke, heat or combustion
detectors not connected to any point outside the premises or intended
to be heard or detected outside the premises. Permits shall be required
for alarm systems located in buildings of federal, state and city
governmental agencies as well as others required by federal, state,
county or municipal statute, regulation, rule or ordinance to install,
maintain or operate an alarm system. No alarm user permit required
under this chapter shall be revoked if such system is required by
federal, state or local law.
B.
However, all other provisions of this chapter shall
apply to such systems, including the payment of authorized fees.
A.
Required. No person shall own, use, lease, operate
or maintain an alarm system within the City of Oneida, unless such
a person shall have first obtained from the city and have in effect
a permit for such alarm.
B.
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:
(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 telephone number of the person applying for the
permit.
(e)
The name of the alarm business or businesses selling,
installing, monitoring, inspecting, responding to and/or maintaining
the alarm system.
(f)
The name and telephone number of at least one other
person who can be reached at any time day or night and who is authorized
by the owner of the premises in which the system is installed to open
the premises.
(g)
Any other information that the city may require.
(2)
Every application for an alarm user permit shall be
accompanied by the appropriate fee. No alarm user permit shall be
granted unless the fee is submitted at time of application. Fees shall
be established by resolution of the Common Council, which may thereafter
be amended from time to time by resolution. Any fee not paid shall
be assessed against the property and collected as part of the annual
tax levy or in the statute manner for the collection of civil penalties.
[1]
Editor’s Note: This local law provided an effective
date of 1-1-2016.
(3)
Upon receipt of a properly executed application, an investigation of the facts on the permit application shall be conducted by the Fire Department for all fire alarm systems. If the investigation reveals that the provisions of Subsection B have been met and the applicant's system would not then be in violation of any of the provisions of this chapter, 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. Such permits shall be made available for inspection by fire or police officers as appropriate.
[Amended 11-20-2012 by Ord. No. 12-12]
C.
Duration of permit. An alarm users permit shall expire
on July 1 of the next year following its issuance.
[Amended 11-20-2012 by Ord. No. 12-12]
D.
False alarms; permit revocation.
(1)
Any alarm system which has four or more false alarms
within a permit year shall be subject to permit revocation as provided
herein.
(2)
If an emergency agency records four or more false
alarms within a permit year for any alarm system:
(a)
The Fire Chief, if a fire alarm system is involved,
shall notify the alarm user and the alarm business providing service
or inspection to the user by certified mail of such fact and direct
that the user submit a report to the Chief within 10 days of receipt
of the notice describing actions taken or to be taken to discover
and eliminate the cause of false alarms or why any such alarm should
not be classified as an avoidable alarm. Such notice shall also inform
the user that avoidable alarms, greater than four in number, will
be subject to a user fee to be determined by resolution of the Common
Council for each such avoidable alarm in excess of four. Payment of
such fees shall be paid prior to renewal of said permit.
[Amended 11-20-2012 by Ord. No. 12-12]
(b)
If the alarm user submits a report as directed, the Chief shall determine if the actions taken or to be taken will prevent the occurrence of false alarms; if he determines that the action will prevent the occurrence of false alarms, he shall notify the alarm user and the relevant alarm business by certified mail that the permit will not be revoked at that time and that if one more false alarm occurs within the permit year, the permit will be summarily revoked, subject to the procedure described in the following Subsection D(2)(c). The Chief shall also notify the user of the number of alarms he has determined to be avoidable alarms and of the user's right to a hearing on the classification of the alarms, provided that more than four have been found. The user shall exercise such right by filing with the Chief a written request for a hearing within 10 days of the date of the Chief's notice that he has determined the user to have incurred in excess of four avoidable alarms.
(c)
If no report is submitted or if the Chief determines
that the action taken or to be taken will not prevent the occurrence
of false alarms, the Chief shall give notice by certified mail to
the user that the permit will be revoked without further notice on
the 10th day after the date of the notice, provided that the user
does not file, within that period, a written request for a hearing.
The Chief shall also include notice of the number of alarms he has
determined to be avoidable alarms, of the user's right to a hearing
on the classification of alarms, provided that more than four have
been found, and the manner of requesting the same as above provided.
(d)
If a hearing is requested, written notice of the time
and place of the hearing shall be served on the user by the Chief
by certified mail at least 10 days prior to the date set for the hearing,
which date shall not be more than 21 nor less than 10 days after the
filing of the request for hearing.
[Amended 11-20-2012 by Ord. No. 12-12]
(e)
The hearing shall be before the Commissioner of Public
Safety and the Chief and the alarm user shall have the right to present
written and oral evidence, subject to the right of cross examination.
If the Commissioner determines that four or more false alarms have
occurred in a permit year and that the user has not taken reasonable
and appropriate actions to discover and prevent the occurrence of
false alarms, the Commissioner shall issue written findings to that
effect and an order revoking the user's permit. If the user has presented
the issue by filing of the required written request, the Commissioner
shall also determine the number of avoidable alarms which have occurred
during the permit year and the amount of the additional avoidable
alarm fee then accrued. Judicial review of the determinations of the
Commissioner may be had only pursuant to Article 78 of the Civil Practice
Law and Rules.
(g)
An alarm user whose permit is revoked may reinstate
the same by submission of proof that modifications have been made
to the alarm system to reduce the number of avoidable alarms and by
payment of an excessive use fee, to be determined by resolution of
the Common Council, together with the fee for the accrued number of
avoidable alarms in excess of four. Should another avoidable alarm
occur during the life of the permit, the same shall be subject summary
revocation. In such a case, the revocation shall be effective on the
third day following the mailing, by certified mail, of a notice of
revocation by the Chief of fire.
[Amended 11-20-2012 by Ord. No. 12-12]
E.
Renewal of permit. At the end of the permit year,
the city shall notify the alarm system user of the necessity of renewing
the permit. Such notice shall contain an accounting of all avoidable
alarms by the user's system during the previous year.
(1)
A renewed permit shall be issued upon payment of a
renewal fee to be determined by resolution of the Common Council,
and any avoidable alarm fees from the previous permit year.
[Amended 11-20-2012 by Ord. No. 12-12]
(2)
No renewal shall be granted until a new application,
with current information, is submitted with the appropriate fees.
F.
If a permit lapses, no new permit shall be granted
unless the alarm user applicant shall pay all outstanding excessive
use fees and additional avoidable alarm fees accrued during the three
years previous to the application for a new permit.
[Amended 12-19-2000 by L.L. No. 6-2000]
Violators of § 5-5A shall be guilty of a violation and subject to a fine of not more than $250 or 15 days imprisonment, or both such fine and imprisonment. However, if the alarm user obtains a permit within 25 days, the charges shall be dismissed.
A.
It is unlawful for any person to program an automatic
dialing device to select a primary trunk line, including any line
assigned to the Oneida Police or Fire Departments; and it is unlawful
for an alarm user to fail to disconnect or reprogram an automatic
dialing device which is programmed to select a primary trunk line
within 12 hours of receipt of written notice from the Fire or Police
Chief that it is so programmed.
B.
Within 60 days after the effective date of this chapter,
all existing automatic dialing devices programmed to select a primary
trunk line shall be reprogrammed or disconnected.
[Amended 11-20-2012 by Ord. No. 12-12]
Every alarm business installing or operating
systems within the City of Oneida 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.
[Amended 11-20-2012 by Ord. No. 12-12]
Alarm systems which are interconnected or otherwise
transmit signals directly to the Madison County E911 Center, Oneida,
New York, shall be subject to the laws, rules and regulations and
penalties adopted by the County of Madison, relating to such systems.
[1]
Editor’s Note: Former § 5-10, Connecting to municipal fire alarm system; fee, was repealed 4-1-2014 by L.L. 3-2014, which local law provided an effective date of 1-1-2016. Section 4 of L.L. No. 3-2014, which repealed this § 5-10, also stated that maintenance by the City of Oneida of all alarm wire on a control loop shall be discontinued.
[Amended 11-20-2012 by Ord. No. 12-12]
The Fire Chief is hereby directed to develop
procedures necessary to implement this chapter and to commence an
ongoing public education to inform users and potential users of alarm
systems of the requirements and purpose of this chapter. Said education
program shall also serve to increase public awareness of the cost
and danger of false alarms, tending to reduce their number.
[Amended 11-20-2012 by Ord. No. 12-12]
All information submitted in compliance with this chapter shall
be held in the strictest confidence and shall be deemed a public record
exempt from disclosure pursuant to state statute; and any violation
of confidentiality shall be deemed a violation of this chapter. The
Chief shall be charged with the sole responsibility for the maintenance
of all records of any kind whatsoever under this chapter. Subject
to the requirements of confidentiality, the Chief shall develop and
maintain statistics having the purpose of assisting alarm system evaluation
for use by members of the public.
[Amended 12-19-2000 by L.L. No. 6-2000]
Unless otherwise herein specifically stated,
a violation of any provision of this chapter shall constitute a violation,
punishable by a fine of not more than $250 or 15 days imprisonment,
or both such fine and imprisonment.
