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HomeMy WebLinkAbout1988_1_20_Local_Law_No_1 (rlcase Use this Fonn for Filing your LOCaI Law with the Secretary of State) TOM of law should ie given as :untended. Do not iuelude nnauer icing eliatinated and do not use ilalies or underlining'to indicate new matter. Cauaty.. Cie of..................M�ttmaroneck Viffage LocalLaw No.................... ..................................... of tis ear Y 19 B.d....... A local law.,e11 titled Amendnnent to Alarm Systems fiwwieitt.) .................................................................................. Be it enacted by the ...........1 nawn Fiord :................... (ii:�. [ ' .......................................................of the �y Tow . of.... Mfla roneck .............................................. .................................. ...... .... as fellows: l (pages inserted) I additional s ace is needed, Please attach sheets of the same size as this and number each)—., n__. r � i • 5 ALARM SYSTEMS Chapter 5 ALARM SYSTEMS Local Law No. 1 1988 A LOCAL LAW REGULATING AND CONTROLLING ALARM SYSTEMS WITHIN THE UNINCORPORATED AREA OF THE TOWN OF MAMARONECK, WESTCHESTER COUNTY, NEW YORK 5-1. Purpose. 5-2. Definitions. 5-3. License required; application; fees. 5-4, Responsibility for systems; equipment; false alarms. 5-5; Effective date. [HISTORY; Adopted by the Town Board of the Town of Mamaroneck 1-6-88 as Local Law No. 1, 1988. Amendments noted where applicable.] GENERAL REFERENCES Fire prevention -- See Ch. 27. Police Department -- See Ch. 59. 1 l Be it enacted by the Town Board of the Town of Mamaroneck, as follows: 5-1. Purpose. 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. 5-2 Definitions. For the purpose of this chapter, the following definitions shall apply: I ALARM AGENT -- 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. ALARM BUSINESS -- 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. ALARM DEVICE -- Any device which, when activated by an unauthorized entry, fire, smoke 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 a building of an emergency condition therein and which do not produce any audible or visual signal which is perceptible outside of such building. Also � I 2 f excluded from the definition and the provisions of this chapter are alarm devices installed in or on any motor vehicle. ALARM REVIEW BOARD -- A committee consisting of the following: the Town Administrator or his designee; the Police Commissioner or his designee ; the Fire Chief or his designee and the Town Clerk. ALARM USER -- Any person or entity on whose premises an alarm device is installed in the Town of Mamaroneck. CENTRAL ALARM STATION -- 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. DIALER ALARM -- A telepone-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, FALSE ALARM -- 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. INTENTIONAL FALSE ALARM -- Any false alarm, as defined herein, which is intentionally activated by any person. LICENSING AUTHORITY -- For Alarm Business and Alarm Agent licences 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. G 3 { LOCAL ALARM Any alarm device which is not connected to the alarm indicator panel at police headquarters but 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. MALFUNCTION -•- 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. TOWN - The unincorporated area outside the territorial limits of any incorporated Village within the Town. 5-3 License required; application; fees. 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 Commissioner 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 Commissioner of said Department, as defined within this chapter. (3) The Town Clerk is hereby roval of authorized thePolice Commissioner, toe permit, upon the app 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. r ` 4 • j (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 non-transferable. Such permit shall be valid for a one-year period on a calendar year basis, expiring on December 31 of each year. Nothwithstanding 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 permit fees shall be nonrefundable and based upon the following schedule: Alarm user permit: ten dollars ($10.) per calendar year or part thereof. 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 I ' 5 revocation of any permit when deemed necessary for violations 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. 5-4. Responsiblity for systems; equipment; false-alarms. 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 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 resonse by police personnel. This procedure shall b `r 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. 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 5-4B(i) 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 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, a charge for each and every false alarm, as defined within this chapter, to which Police Department or Fire Department personnel responds, in each calendar year, as follows: (a) First two false alarms: no charge, warning only. (b) Three (3) to four (4) false alarms: fifteen ($15.) for each occurrence. (c) Five (5) to six (6) false alarms: thirty dollars ($30.) for each occurrence. (d) Seven (7) to fifteen (15) false alarms: fifty dollars ($50.) for each occurrence. (a) Additional false alarms: two hundred fifty dollars ($250.) per occurrence. I 7 (2) More than five (5) 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 ten (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 Alarm Review Board. All penalties as prescribed herein shall be collected and recorded by the licensing authority and remitted to the Town Comptroller. Failure to pay a false alarm charge or penalty as prescribed shall subject such alarm user to the suspension or revocation of his alarm user permit, as determined by the Alarm Review Board. 5-5. Effective date. This local law shall take effect immediately. • 8 . (Complule din certification in the pafugraph k0lich applies to the,filing of this lucal las, and strike out (he matter therein which is nut applicable.) 1, (Pi naI adoption by local legislative bud}' only.) l hereby certify that the'local law annexed hereto,dr'sif;nate'J as 10001 law NO. ........1........of 19 Via... Go-Moy G3+Y— Pfamaroneck of the ., of.....:................................was dal}• passed by the................:Low.n..lSa:zr�3...._...•-................................. Town (Y=me:uE legislative ll�dy] ti' lltl�'e-• on.....Tanuary,29,,,,,,,,,,,,,•....,.19...$$ in accordance with the applicable provisions of law. 2. Wassage lr} local legislative body With appro�•al or no disapproval by Eleetive, Chief Execative Officer,' or repussag^after disapproval.) I hereby certify that (lrr local law annexed hereto,designatedas local late NO.....................of 19........ County of the City of................... ...was duly passed by the ........... 01Yf1 {['ieme u!Lc•iylnrive Body] Village not disapproved on..................................................19........ and was approved by the ....................................................... repassed after disapproval Elective Chief Executive Officer* and was deemed duly adopted oil•••••••••.......'..........................•••••••••••••19•• •••• , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County itv of the of........:..........••.•........•.•.•..was duly passed by the...............................,..........,.......................................... ('own (Name of LcBiatative nedr) Village not disapproved Oil............................. ..........19........ and was approved by the......................:........................................ repassed after disapproval Elective Chic[It:zecutire Officer csu......................................................................19,........ Suclt local law was submitted to the people by reason of a ni.:udatory rcfcrenduui,nnd received the affirmative vote of a majority of the qualified electors Voting paruliaSive general thereon at the special election held on......................................................19........ , in accordance with the appli. annual cable provisions of law. 4. (Subject to pi:rnfissive referendum,and final adoption because no valid petition filed requesting refcrendunt.) I hereby certify that the local law annexed hereto,designated as local law No................... of 19.......... County of the City of.................. ....... was duly passed by the..............................................................................,.on Town (Nome of LegWalive Body) Village not disapproved ...... Elective chief Executive officer* repassed after disapproval ,,,.,,•,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum hating been filed, said local law was deemed duly adopted on ...............................................1 19........, in accordance with the applicable provisions of law. i *Elective Chsef Exoeutive Officer means or atclude3 the chief executive officer of a carroty elected on a county-wide basis or,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where truth offker i+vested with power to approve or veto local laws or ordinances. Page 2 5. (Cit) local law concerning Charter rc%ision proposed by petition.) I Iwreb}'certifythat the local II%V.tanaxed lie reto,des ign ate dasIocnI IawNo. ....................of 19........ of the'r City of..........................................................................Ravin;, keen submitted to referendum pursuant to the provisions of 37 of tikes ."lunicipal lk.tee UPLaw,aud i.avim rrceived the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on .................................. general ............. ................19............became operative. 6, (County local law concerning adolGon of Charter.) I hereby certify that the local law annexed hereto,closignated as Local Latin 1';o. ......oC 19...... of the County of ......................................... State of New York. having been submitted to the Icltctots at the General Election of November........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal tame Rule Law,and having rcceirecl the aftirntatit'e vote of a majority of the grtalifi d electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide all appropriate certification,) CtU' I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph............1.............. above. }erkot'�he-Evttnt)rirges}=tiw•-body;C-ity,1'a+m or-vinagz Clcrk ar Oct(CCf'dCStb`flatSd't]�YOCUttCCrs}atiTCtlo�]r Date: January 28, 1988 l (Seal) (Certification to he executed by County Attorney, Corporation Counsel, Town Attorney. Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ................... 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ... ...... ............ ....... . . . Edward Lieberman Signarure ....... .. Counsel to the Town.... .. . . .. Title Date: January 28, 1988 Co".ty` Ci* of..........Mamaroneck Town V�il�tge