City of Lockport, NY Alarm Systems

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number; and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

ALARM SYSTEM

An assembly of equipment and devices such as a solid state unit which plugs directly into a one-hundred-ten volt AC power line or operates on battery power, arranged to signal the presence of a hazard requiring urgent attention and to which the Police and/or Fire Department(s) are expected to respond.

[Amended 10-5-2005]

ALARM USER OR SUBSCRIBER

Any person, business or corporation on whose premises an alarm system is maintained within the City except for alarm systems on motor vehicles. Excluded from this definition and from the coverage of this chapter are central station personnel and persons, businesses or corporations who use alarm systems to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion, fire or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system as that term is used in this chapter, and shall be subject to this chapter.

[Amended 10-5-2005]

AUTOMATIC DIALING DEVICE

An alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, digital data or a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.

CENTRAL STATION

An office to which remote alarm and supervisory signaling devices are connected, where operators supervise circuits or where guards are maintained continuously to investigate signals.

CITY

The City of Lockport.

COMMUNICATIONS CONSOLE

The alarm console receiving terminal which, through both visual and audible signals, indicates activation of an alarm system at a particular location or which indicates line trouble.

DIRECT CONNECT

An alarm system which has the capability of transmitting system signals to the communications console at the Police Department Communications Center.

FALSE ALARM

(1)

The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or of his employees or agents.

(2)

Any signal or oral communication transmitted to the Police Department requesting, requiring or resulting in a response on the part of the Police or Fire Department when, in fact, there has been no fire, unauthorized intrusion or attempted unauthorized intrusion into a premises and no attempted robbery or burglary at a premises.

(3)

Excluded from this definition are activations of alarm systems caused by extended power outage, hurricanes, tornadoes, earthquakes and similar conditions.

INTERCONNECT

To connect an alarm system to a voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message or signal upon activation of the alarm system.

POLICE OR POLICE DEPARTMENT

The City of Lockport Police Department, or any authorized agent thereof.

POLICE CHIEF

The Chief of Police of the City of Lockport, or his designated representative.

PUBLIC NUISANCE

Anything which annoys, injures or endangers the comfort, repose, health or safety of any person(s) or of any community or neighborhood.

§ 52-2 Administration.

The Police Chief may promulgate such rules as may be necessary for the implementation of this chapter.

§ 52-3 Interconnection of automatic dialing devices.

No unauthorized automatic dialing device shall be interconnected to any telephone numbers at the Police Department after the effective date of this chapter.

Within six months after the effective date of this chapter, all unauthorized automatic dialing devices interconnected to any telephone numbers at the Police Department shall be disconnected therefrom. The user of each such device shall be responsible for having the device disconnected upon notification by the Police Chief.

§ 52-4 Intermediary services for automatic dialing devices.

Any person using an automatic dialing device may have the device interconnected to a telephone line transmitting directly to:

A central station;

An answering service; or

Any privately owned or privately operated facility or terminal.

§ 52-5 Digital dialers and direct connection systems.

All alarms must be authorized by the Chief of Police prior to being connected to the Lockport Police Department.

The alarm user or the alarm business contracting for servicing the alarm user's system shall be responsible for obtaining the leased telephone line between the alarm user's premises and the receiving equipment at the Lockport Police Department and for furnishing the appropriate interface equipment, if required, in order to provide an input signal which is compatible with the receiving equipment used to operate the communications console.

The provision of this chapter concerning false alarms shall apply to all alarm users or persons having direct connect or digital dialer systems.

[Amended 10-5-2005]

§ 52-6 Emergency notification list; test device; control of signals; entry upon property.

Every alarm user shall submit to the Chief of Police the names and telephone numbers of at least two other persons who can be reached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system, and who can open the premises wherein the alarm system is installed. The names, addresses and telephone numbers of the responders must be kept current at all times by the alarm user.

All alarm systems connected directly to the Police Station may be equipped with a test device which will give a ten-second delay, or longer, prior to alarm system activation, in order to warn the alarm user of an open alarm circuit.

Any alarm system emitting a continuous and uninterrupted signal for more than 30 minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under Subsection A of this section and which disturbs the peace, comfort or repose of a community or a neighborhood of the area where the alarm system is located shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Police Chief shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under Subsection A of this section in an effort to abate the nuisance. The Police Chief shall cause to be recorded the names and addresses of all complaints and the time, such complaint was made.

In the event that the Police Chief is unable to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under Subsection A of this section or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system and if the Police Chief is otherwise unable to abate the nuisance, he may direct a police officer or a fire fighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance.

If entry upon property outside the home or building in which the alarm system is located is made in accordance with this section, the person so entering upon such property shall not conduct, engage in or undertake any search, seizure, inspection or investigation while he is upon the property; shall not cause any unnecessary damage to the alarm system or to any part of the home or building; and shall leave the property immediately after the audible signal has ceased.

After an entry upon property has been made in accordance with this section, the Police Chief shall have the property secured, if necessary. The reasonable costs and expense of abating a nuisance in accordance with this section may be assessed to the alarm user, said assessment not to exceed $50. Within 10 days after abatement of a nuisance in accordance with this section, the alarm user may request a hearing before the City Council and may present evidence showing that the signal emitted by his alarm system was not a public nuisance at the time of the abatement, that unnecessary damage was caused to his property in the course of the abatement, that the costs of the abatement should not be assessed to him or that the requirements of this section were not fulfilled. The Corporation Counsel shall hear all interested parties and may, in its discretion, excuse the alarm user from paying the costs of the abatement.

§ 52-7 Testing of equipment.

[Amended 10-5-2005]

No alarm system shall be worked on, tested or demonstrated without notifying the Police Department of such activities. An unauthorized test constitutes a false alarm.

§ 52-8 Emergency notification list required for businesses.

[Amended 10-5-2005]

Every business establishment within the City of Lockport having an alarm system shall provide written notice to the Chief of Police listing the names, addresses and telephone numbers of at least two persons who may be reached at any time, day or night, who are authorized to respond to any emergency which has caused the police to be dispatched to said premises. Such notice shall be submitted during the first month of each year and shall be kept current at all times reflecting any changes in authorized personnel.

§ 52-9 False alarms.

[Amended 10-5-2005]

When emergency messages are received by the Police Department that evidence false alarms, the Police Chief shall take such action as may be appropriate under Subsections B and C of this section.

After the Police Department has recorded three separate false alarms within the calendar year from an alarm system, any user of an alarm system which transmits false alarms shall be assessed a fine of $25 for the first false alarm in excess of three occurring within the calendar year; with each additional false alarm thereafter, the fine will increase by another $25 until a maximum fine of $100 for each false alarm is reached. Thereafter, each false alarm will be fined $100 the remainder of the calendar year. All fines assessed hereunder shall be paid to the City Treasurer for deposit in the general fund.

The fine shall be billed to the user of the alarm system which transmits false alarms, a copy of which shall be forwarded to the City Treasurer, by the Police Chief or his duly-designated representative.

§ 52-10 (Reserved) [1]

[1]

Editor's Note: Former § 52-10. Fees, was repealed 10-5-2005.

§ 52-11 Penalties for offenses.

[Amended 10-5-2005]

Thirty days after the billing date, all unpaid fines set forth in this chapter will become and be a lien upon the property where such alarm system is located and shall be added to and become a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes levied and assessed against such property, or the same may be collected by suit against the user, owner, or owners in the name of the City.

Failure to provide written notice to the Chief of Police in accordance with § 52-8 of this chapter shall be assessed a fine of $50.