[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 1-20-1988 by L.L. No. 1-1988 (Ch. 5 of the 1975 Code).
Amendments noted where applicable.]
The purpose of this chapter is to provide regulations
and standards applicable to alarm devices, alarm businesses, alarm
agents and alarm users and to provide a schedule of charges applicable
for false alarms transmitted through such alarm devices.
For the purpose of this chapter, the following
definitions shall apply:
Any person who is employed by any commercial entity that
is licensed hereunder as an alarm business, whose activities include
selling, leasing, installing, repairing, servicing or maintaining,
in or on any building, place or premises, any alarm device within
the Town of Mamaroneck.
Any business, firm, corporation or other commercial entity
which is in the business of selling, leasing, installing, repairing,
servicing or maintaining an alarm device or devices and performs such
services within the Town of Mamaroneck.
Any device which, when activated by an unauthorized entry,
fire, smoke or medical or other emergency requiring Police Department
or Fire Department response, transmits a signal to the alarm indicator
panel at police headquarters or to a private central alarm station
and/or produces any audible or visual signal to which the Police Department
or Fire Department is expected to respond. Excluded from this definition
and from the provisions of this chapter are devices designed to alert
the occupants of the building of an emergency condition therein and
which do not produce any audible or visual signal which is perceptible
outside of such building. Also excluded from the definition and the
provisions of this chapter are alarm devices installed in or on any
motor vehicle.
A committee consisting of the following: the Town Administrator
or his designee; the Police Chief or his designee; the Fire Chief
or his designee; and the Town Clerk.
Any person or entity on whose premises an alarm device is
installed in the Town of Mamaroneck.
Any private or commercial entity which receives signals from
alarm devices within the Town of Mamaroneck and relays information
pertaining to such alarm devices to police headquarters.
A telephone-interfaced device that automatically connects
to police or fire headquarters and transmits a recorded message to
report an emergency condition requiring Police Department or Fire
Department response.
Any alarm activation to which Police or Fire Department personnel
respond which is not the result of an unauthorized entry, fire, smoke
or other emergency.
Any false alarm, as defined herein, which is intentionally
activated by any person.
For alarm business and alarm agent licenses or permits, the
"licensing authority" shall be the Westchester County Department of
Consumer Affairs. For alarm user permits, the "licensing authority"
shall be the Town Clerk or his designee.
Any alarm device which, when activated, causes an audible
or visual signal perceptible to persons on the outside of the premises
within which said alarm device is installed.
[Amended 7-17-1996 by L.L. No. 14-1996]
A deficiency or other failure of an alarm device which results
in a false alarm but which is not attributable to any fault or negligence
on the part of the alarm device user.
The unincorporated area outside the territorial limits of
any incorporated village within the Town.
A.
Authority to grant licenses, permits and identification
cards.
(1)
The Westchester County Department of Consumer Affairs
is hereby authorized to grant a revocable license, upon the approval
of the Police Chief of said Department, to any alarm business, as
defined within this chapter.
(2)
The Westchester County Department of Consumer Affairs
is hereby authorized to grant a revocable license and identification
card, upon the approval of the Police Chief of said Department, to
any alarm agent, as defined within this chapter.
(3)
The Town Clerk is hereby authorized to grant a revocable
permit, upon the approval of the Police Chief, to any alarm user,
as defined within this chapter.
B.
Application for licenses, permits and identification
cards.
(1)
All alarm businesses, as defined within this chapter,
who desire to conduct such business within the Town of Mamaroneck
shall apply to the licensing authority for an alarm business license
on a form designated by the licensing authority.
(2)
Each person desiring to be an alarm agent in the Town
of Mamaroneck, before acting as such an alarm agent, shall apply to
the licensing authority and comply with the requirements of said authority.
(3)
Any property owner or lessee of property in the Town
of Mamaroneck having on his or her premises an alarm device shall
apply to the licensing authority for an alarm user permit, on a form
designated by the licensing authority. Such alarm user permit is nontransferable.
Such permit shall be valid for a one-year period on a calendar-year
basis, expiring on December 31 of each year. Notwithstanding this
provision, a holder of an alarm user permit may continue to operate
his permitted alarm system until January 31 of the year following
the expiration of his alarm user permit.
C.
License and permit fees. Annual license and user permit fees shall be as set forth in § A250-1.
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No.
8-2011]
D.
Violations. It shall be a misdemeanor for any person,
business or commercial entity to operate, sell, lease, install, repair,
service or maintain an alarm device within the Town of Mamaroneck,
as defined in this chapter, without first having obtained a license
as provided in this chapter.
E.
Denial, suspension or revocation of license or permit
and disconnection of alarm system.
(1)
The Alarm Review Board may require the denial, suspension
or revocation of any permit when deemed necessary for violation of
any of the provisions of this chapter or the violation of any standards
or regulations promulgated by the licensing authority pursuant to
this chapter.
(2)
Any permit issued pursuant to this chapter shall be
surrendered immediately upon suspension or revocation by the Alarm
Review Board. It shall be a misdemeanor to fail to surrender such
license, permit or identification card which has been suspended or
revoked as herein provided.
A.
Town assumes no responsibility for such systems. Notwithstanding
the payment of any fee and/or the issuance of any permit as herein
required, the Police Department, Fire Department and the Town of Mamaroneck
shall be under no obligation whatsoever concerning the adequacy, the
operation or the maintenance of the alarm device so installed, and
the Town of Mamaroneck and its authorized agents hereby assume no
liability whatsoever for any failure of any such alarm device or for
failure to respond to any such alarms or for any act of omission or
commission as a result of any such alarm device or system.
B.
Specific equipment required and/or prohibited.
(1)
Effective January 1, 1989, no person shall use, cause
or permit to be used any dialer alarm, as defined within this chapter.
(2)
Alarm users directly or indirectly utilizing the services
of a central station monitoring facility must ensure that, prior to
police notification of an alarm activation, the central system monitoring
facility shall first attempt to verify the authenticity of the alarm
and the need for emergency response by police personnel. This procedure
shall be initiated by the central system monitoring facility and shall
include an attempt to contact persons at the alarmed premises. This
requirement shall not apply to holdup/panic alarms or fire alarms,
as defined in this chapter.
(3)
The alarm user shall be responsible for compliance
with these provisions.
C.
Removal of unlawful equipment. The Alarm Review Board, whenever aware of the existence or use of any alarm device which is not operated in accordance with the provisions of this chapter or which does not meet standards for such alarm devices as set pursuant to § 50-4B(1) of this chapter, may order the disconnection of such alarm device, and it shall be unlawful to disobey such an order.
D.
False alarms.
(1)
Any owner or lessee of property having an alarm device or system of devices on his, her or its premises and any user of any services or equipment furnished by a licensee under this chapter shall pay to the Town of Mamaroneck, upon demand, the charge set forth in § A250-1 for false alarms to which Police Department or Fire Department personnel responds.
[Amended 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No.
8-2011]
(2)
More than five false alarms in any calendar year may
constitute grounds for the suspension or revocation of an alarm user's
permit, as determined by the Alarm Review Board. Any alarm user charged
with a false-alarm penalty as prescribed herein may appeal such charge
or penalty, in writing, within the (10) days after receipt of the
notice of such penalty and may appear before the Alarm Review Board
at a place and time selected by the Board. False alarm penalties or
charges may be waived only by order of the Alarm Review Board. All
penalties as prescribed herein shall be collected and recorded by
the licensing authority and remitted to the Town Clerk. Failure to
pay a false alarm charge or penalty as prescribed herein shall subject
such alarm user to the suspension or revocation of his alarm user
permit, as determined by the Alarm Review Board.
E.
Users of medical alert alarms shall provide the Town
with a release, on a form approved by the Counsel to the Town, authorizing
the forcible entry to premises occupied by the medical alert alarm
user in cases where the central alarm station has been unable to gain
entry to the premises. Unless such a release is on file with the Town
of Mamaroneck Police Department, the Town shall have no obligation
to enter onto premises except through permission of the medical alert
alarm user or another party having access to the premises occupied
by the medical alert alarm user.
