[HISTORY: Adopted by the Board of Trustees of the Village
of Garden City 8-13-2009 by L.L. No. 3-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 14.
Fire prevention — See Ch. 107.
Smoke control — See Ch. 174.
[1]
Editor's Note: This local law also repealed former Ch.
52, Alarm Systems, adopted 12-17-1981 by L.L. No. 7-1981.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A device or an assembly of equipment which is designed to
detect smoke, abnormal rise in temperature, fire, water flow, medical
emergency or an entry into or exit from a building, structure or facility
or a holdup alarm and by reason thereof emit an audible response intended
to alert persons outside of the premises and/or transmit a signal
or message to an emergency agency either directly or through a private
or commercial relay facility.
The Garden City Police Department or Garden City Fire Department
or other emergency dispatch center.
Any signal or other communication transmitted to an emergency
agency that results in an emergency response to a premises where there
exists no robbery, burglary, other crime or violation of law or no
fire, medical or other emergency requiring emergency agency attention.
A signal transmitted to an emergency agency that is promptly followed
by a phone call to the emergency agency to cancel an emergency response
will not constitute a false alarm. A signal transmitted to an emergency
agency caused by power outages, wind, rain, lightning or other inclement
weather will not constitute a false alarm. Repeated false signals
or other communication transmitted to an emergency agency occurring
within a twelve-hour period after the first signal or communication
will not constitute additional false alarms.
A.
The
user of every alarm system maintained in the Village and controlled
by this chapter, except those installed in motor vehicles, shall,
within 10 days of the installation thereof, or within 90 days of the
enactment of this chapter, file the following information with the
Village:
(1)
Type of alarm system.
(2)
Street address and the nearest cross street of the premises.
(3)
In the case of commercial premises, the name, address and telephone
number of an authorized representative and/or an alternative who will
be able to respond when called by an emergency agency to deactivate
the alarm system.
(4)
In the case of a private residence, the name, address and telephone
number of a person who is not a resident of the private residence
in question and who will be able to deactivate the alarm system.
(5)
The name, address and telephone number of the person, firm, business
or corporation installing, servicing and/or maintaining the alarm
system.
B.
Such
filing requirements are applicable to all alarm systems, whether the
same are or are not directly connected to the police or fire headquarters
or are merely audible alarms. Such filing must be made within the
time period specified above, even though there shall have been previous
notification of the existence of such alarm systems to the Police
Department or any other department of the Village.
The owner, lessee or occupant of every premises in the Village
at which there is an alarm system controlled by this chapter shall
pay to the Village an annual license fee in an amount as determined,
from time to time, by resolution of the Board of Trustees.
There shall be no automatic alarm system with direct communication
of any type to an emergency agency without prior written authorization
from the emergency agency where the alarms terminate.
It shall be unlawful for any owner, lessee or occupant of any
premises in the Village to permit an alarm system to generate a false
alarm, whether intentionally, negligently, carelessly, erroneously
or otherwise. The user of the alarm system who has or is responsible
for filing for the annual license shall be solely and wholly responsible
for any false alarms. Negligent or careless acts shall include improper
maintenance and insufficient or inadequate instructions to tenants,
employees, agents, children or others concerned with or having access
to the operation of the alarm system.
A.
Every
alarm system shall be equipped so that, upon the activation of a burglary
(break-in) alarm, there shall be a mandatory delay of at least 30
seconds before the transmission of a signal to the Police Department
so as to enable the user to abort the signal in the event that it
was triggered inadvertently. This delay shall not be applicable to
a robbery (holdup) alarm or to medical emergency alarms.
B.
Every
alarm system shall be equipped with a reminder light to indicate that
the alarm system is in operation. This light shall be installed in
an obvious location at the principal entrance of the residence or
building. It may be located on either the inside or the outside of
the premises.
C.
Every
alarm system which also signals a fire alarm shall be equipped with
a separate distinguishing signal for each kind of alarm.
D.
Every
alarm system shall be designed and equipped to prevent activation
by loss of electrical power.
E.
Every
alarm system emitting an audible, visual or other similar response
outside the premises must be equipped with a device which automatically
shuts off the outside audible or visual signal or other response within
15 minutes from activation.
The Village, its officers, employees or agents shall have no
responsibility for equipment costs, installation charges or damages
resulting from the failure of the alarm system to operate or the failure
of the Village to respond to an alarm or for losses incurred as a
result of damages to the alarm system in the event it becomes necessary
for the Village to disconnect the alarm pursuant to this chapter.
In the event that an alarm system emitting an audible, visual
or other similar response shall fail to be deactivated within the
time limitation specified herein, the Village shall have the right
to take such action as may be necessary to disconnect the alarm.
All preexisting installations shall be subject to this chapter.
Except as otherwise provided in this chapter, any preexisting installations
subject to this chapter shall comply with the provisions of this chapter
within six months of the effective date hereof.
A.
There shall be no penalty for up to three false alarms within any
consecutive twelve-month period.
B.
Four or more false alarms within any twelve-month period shall constitute both an offense against the provisions contained in § 52-5 and a violation under the Penal Law which shall be punishable, upon conviction thereof, according to the following fine schedule:
(1)
Four through eight false alarms: imposition of a mandatory fine of
$50 for each occurrence of a false alarm subsequent to the third false
alarm and prior to the ninth false alarm occurring within any consecutive
twelve-month period.
(2)
Nine through 12 false alarms: imposition of a mandatory fine of $100
for each occurrence of a false alarm subsequent to the eighth false
alarm and prior to the 13th false alarm occurring within any consecutive
twelve-month period.
(3)
Thirteen or more false alarms: imposition of a mandatory fine of
$200 for each occurrence of a false alarm subsequent to the 13th false
alarm occurring within any consecutive twelve-month period.
An offense against the provisions contained in § 52-6E of this chapter shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each twenty-four-hour period of continued violation of § 52-6E shall constitute a separate additional violation.
