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HomeMy WebLinkAboutLL-1987 #14 LOCAL LAW NO. 1~ , 1987 A Local Law in relation to the Regulation and Control of Alarm Systems BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. That Chapter 24 be added to the Code of the Town of Southold, as follows: Chapter 24 Alarm Systems Section 1. Purpose. The purpose of this local law is to establish standards and controls of the various types of fire, intrusion, holdup and other emergency signals from fire and police alarm services that require fire department or police responses, investigation or safeguarding of property at the location of an event reported by a signal which is transmitted by telephone or radio to the Police or Fire Department from a central station as hereinafter defined. Section 2. Definitions. For the purpose of this local law, the following definitions shall apply: TOWN OF SOUTHOLD All of the Town of Southold, excluding Fishers Island. ALARM AGENT Any person who is employed by any business, firm, corporation or other commercial entity that is licensed hereunder to conduct the business of owning, operating, maintaining, installing, leasing or selling fire or police alarm devices whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing, in or on any building, place or premises, any fire or police alarm device as defined in this local law within the Town of Southold. ALARM INSTALLATION Any fire or police alarm device or aggregation of fire or police alarm devices installed on or within a single building on or within more than one (1) building or area adjacently located on a common site at a specific location. BUSINESS LICENSEE - Any business, firm, corporation or other commercial entity which is in the business of owning, operating, maintaining, installing, leasing or selling a fire or police alarm device or devices or system of fire or police alarm devices which business, firm or corporation or other commercial entity is an owner, operator, provider of maintenance, service, installer, lessor or seller of said device, or system of devices subject to the license requirements of this local law. CENTRAL ALARM STATION Any facility operated by a private firm that owns or leases a system of fire or police alarm devices which facility is manned by operators who receive, record or validate alarm signals and relay information about such validated signals to the Police or Fire Department when appropriate. DIAL ALARM - Any fire or police alarm device which is a telephone device or telephone attachment that automatically or electronically selects a telephone line connected to a central alarm station or police headquarters and reproduces a pre-recorded message to report a criminal act or other emergency requiring Police or Fire Department. DIRECT ALARM - Any fire or police alarm device connected directly by leased telephone wires from the specified location to police headquarters or the fire department. EMERGENCY ALARM - Any fire or police alarm device designed to be actuated by a fire criminal act or other emergency at a specific location or by a victim of a hold-up robbery or other emergency or criminal act at a specified location. FALSE EMERGENCY ALARM - Any signal actuated by an emergency alarm to which the police or fire dpeartment responds which is not the result of a fire, robbery or other crime or emergency. FIRE DEPARTMENTS Buildings owned by the Fire Districts of Mattituck, Cutchogue, Southold, East Marion, Orient. FIRE OR POLICE ALARM DEVICE - Any device which, when actuated by a fire, criminal act or other emergency requiring Police or Fire Department response, transmits a pre-recorded message or other signal by a telephone, radio or other means to a central alarm station or directly to the Police or Fire Departments produces an audible or visible signal designed to notify persons within audible or visible alarm range of the signal, except for residential smoke detectors/alarms. INTRUSION - Any entry into an area or building equipped with one (1) or more police and fire alarm devices by any person or object whose entry actuates a police alarm device. LICENSING AUTHORITY - The Town of Southold or its designated agent. POLICE HEADQUARTERS Police headquarters and other enclosures housing privately or publicly owned equipment serving the police. Section 3. License Required: Authority to Grant Licenses and Permits: Time Limit for Compliance. A. It shall be unlawful for any person, business, firm, corporation or other commercial entity to operate, maintain, install, lease or sell a fire or police alarm device or devices or system of fire or police alarm devices, as defined by the terms of this local law without first obtaining a license as hereunder provided. (1) Authority to Grant Licenses and Permits. The licensing authority is hereby authorized to grant a revocable license to any business, firm, corporation or other commercial entity, authorizing said business, firm, corporation or other commercial entity to do business in the Town of Southold by performing any or all of the following functions: own, operate, maintain, install, lease or sell a fire or police alarm device or devices or system of fire or police alarm devices. The' licensing authority is hereby authorized to grant a revocable license to any alarm agent. The licensing authority is hereby authorized to grant a revocable permit to any owner of property located within the Town of Southold or the lessee thereof to operate, maintain, install and modify a fire or police alarm device. Applications for licenses and permits. C. Applications for licenses and permits shall be made as follows: All businesses, firms, corporations or other commercial entities which are in the business of owning, operating, maintaining, installing, leasing or selling a fire or police alarm device or devices or system of fire or police alarm device or devices, who desire to conduct business in the Town of Southold shall apply to the licensing authority for a business license, on a form to be supplied by the licensing authority. The application shall contain specific provisions relating to the quality, efficiency and effectiveness of the device or system of devices owned or to be operated, maintained, installed, leased or sold by the business licensee, testing procedures involved and any other information the licensing authority shall determine to be law. (2) Such business license shall be issued for a one-year period, on a calendar year basis or a part thereof, and no license shall extend beyond December 31 of each year. Notwithstanding this provision, a person having a business license may conduct such business through January 31 of the year following the expiration of his business license. Any person who is to be an alarm agent in the Town of Southold before acting as such alarm agent shall apply for and receive a revocable alarm agent license. The application shall be made to the licensing authority on a form to be supplied by the licensing authority. The application shall contain specific provisions relating to the fire or police alarm device or devices, holdup alarms, dial alarms or alarm installations which are to be sold, leased, installed, operated or maintained by the alarm agent, the skill and competency of the applicant as an alarm agent and such other information the licensing authority determines to be reasonably necessary to effectuate the purpose of this local law. Such calendar year basis or a part thereof, and no license shall extend beyond December 31 of each year. The applicant, upon submission of this application, shall be fingerprinted and photographed by the Town of $outhold Police Department. Notwithstanding this provision, a person having an alarm agent license may act as such alarm agent through January 31 of the year following the expiration of his license. Any property owner or lessee of property in the Town of Southold having on his or its premises a fire or police alarm device or system of fire or police alarm devices shall apply to the licensing authority for a permit to own or otherwise have such device on his or its premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. Application for permits for fire or police alarm devices existing in premises on the effective date of this local law must be made to the licensing authority byDecember 31, 1987. No such device may be installed on the premises of the owner or lessee and no presently existing fire or police alarm device complying with the provisions of this local law shall be modified after the effective date of this local law prior to the licensing authority's having issued a permit to such owner or lessee. Such permit need not be obtained on an annual basis, but shall be obtained each time a device or system is to be installed or modified. Section 4. License Fees. License fees shall be as follows: A. Business License: One Hundred year or part thereof. Dollars ($100.00) per calendar Alarm Agent: Twenty-five Dollars ($25.00) per calendar year or part thereof. C. Owner or Lessee Permit: No Charge. Section 5. User Fees. There shall be payable to the Town of Southold a fee of two dollars ($2.00) per month for a fire or police alarm device or devices installed on the premises of any owner or lessee. Such user fee shall be payable in the first instance by the business licensee who services the fire or police alarm device or devices of the owner or lessee, but, upon the failure of the business licensee to make such payments when they become due, the owner or lessee of the premises shall thereupon become liable for any unpaid user fees. Such user fees shall be paid to the Town Clerk monthly in advance of the first day of each month. Upon failure to make any such payment, the Town shall have the right to proceed by civil action to collect such user fees. Failure to make any such payment after written notice thereof has been given to the owner or lessee shall subject such owner or lessee to the penalty provision of such law. Section 6. Suspension or Revocation of Licenses. A license issued under this law may be suspended or revoked by the licensing authority after notice and hearing by the licensing authority for the violation of any of the provisions of this local law or any regulations or regulations promulgated by the licensing authority pursuant to this local law, and any license or identification card issued hereunder shall be surrendered immediately to the licensing authority upon such suspension or revocation. No part of a license fee shall be refunded when a license is suspended or revoked. Any applicant whose application for a license or permit has been denied or any business license, alarm agent, owner or lessee whose license has been suspended or revoked by the licensing authority may appeal such denial, suspension or revocation in writing to the Town Board at a time and place to be determined by the Town Board in support of his or its contention that the license should not have been denied t suspended or revoked. Section 7. Records. Every business, firm, corporation or other commercial entity conducting the business of owning, operating, installing, leasing or selling fire or police alarm devices within the Town of Southold shall maintain complete and accurate records of all installations of alarm systems in the Town of Southold and shall provide such records on a monthly basis for the licensing authority. Section 8. General Provisions. Restrictions: No fire or police alarm device shall be connected directly to the Town of $outhold police headquarters or any Fire Department without the express written consent of the Chief of Police or Board of Fire Commissioners, respectively. Direct Alarm System: Any private firm engaged in the business of burglar alarms or fire alarms and licensed by the Town of $outhold will operate a facility which is manned by a trained operator who receives, records and validates alarm signals and relays information about such validated signals to the Southold Town Police Department or Fire Departments on a special telephone number set aside for the express purpose of receiving such information. All central station alarm facilities shall have the capability to electronically supervise all alarm systems so that a trouble signal is indicated should there be a fault with any alarm system. The operator of any central alarm con~pany which calls police headquarters or the Fire Department to report an active alarm will identify himself or herself by name and the name of the company and will provide accurate directions to the protected premises at which the alarm is sounding. The central alarm company shall further provide the name of the caretaker who is responsible for resetting an activated alarm if the property owner or lessee of the property is away. In the event that the caretaker is unavailable, the alarm company shall be responsible for resetting an activated alarm. Co Audible Alarm Device: Any property owner or lessee of property in the Town of Southold shall, prior to the installation of an audible signal designed to notify persons within the audible range of the signal, obtain a permit for same. Any such alarm device which operates on house current must be equipped with a stand-by battery power supply sufficient for at least twenty-four [24) hours. Any such alarm device will incorporate a device whereby the system will automatically shut-off and/or reset the audible alarm after the alarm has sounded for a maximum period of thirty (30) minutes. All property owners or lessees having such alarm devices on their premises shall further be required to provide the Police Department and Fire Department with the name of a person who can respond to the premises within a reasonable time. Said person shall have the capability of securing or, in the case of fire, opening up said premises for inspection by the Fire Department. Every such audible alarm device must be equipped with a switch to silence the audible alarm. Do Intentional False Alarm: It shall be a violation of this local law to intentionally cause a false hold-up alarm, and any person who does intentionally cause a false hold-up alarm shall be subject to the penalty provisions hereof. E. Charc~es for False Emergency Alarms: Any owner or lessee of property having a fire or police alarm device or system of fire or police alarm devices on his or its premises on the effective date of this local law, and any user of services or equipment furnished by a licensee under this local law shall pay to the Town of Southold a charge for each and every false emergency alarm to which the Police or Fire Departments respond, in each calendar year as follows: (a) First and second false emergency alarm each calendar year: No Charge. (b) Third and all subsequent false emergency alarms each calendar year: One Hundred ($100.00) Dollars. The above charges shall be paid to the Town Clerk of the Town of Southold. Failure to pay any such charges shall subject such owner, lessee or user to the penalty provisions of this local law. Fo Rules, Regulations and Enforcement: The licensing authority shall promulgate rules, regulations and standards which shall be approved by the Town Board that may be necessary for the purpose of assuring the quality, efficiency and effectiveness of fire or police alarm devices and alarm installations owned, operated, maintained, installed~ leased or sold by a licensee under this local law, and to facilitate the administration of this local law. The licensing authority shall administer and enforce the provisions of this local law. The aforesaid rules, regulations and standards shall be set forth in writing and copies shall be available for applicants. Section 9. Special ProvisiOns. CENTRAL ALARM STAT IONS SYSTEMS: The licensing authority is hereby authorized to prescribe the locations and the manner of installation of regular business telephone lines into police headquarters from a central alarm station for the express purpose of providing direct telephone communication between the central alarm station and police headquarters for use in reporting alarms. EXCEPTIONS: None of the provisions of this local law shall apply to a fire or police alarm device or devices installed in a motor vehicle or trailer. SEVERABILITY: If any part or parts of this local law are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this local law. The Town Board hereby declares that it would have passed the local law enacting this local law and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases might be declared invalid. Section 10. Penalties for Offenses: Any person, firm or corporation who does not pay any charge or fee established in this local law or who violates any provision of this local law shall be subject to a fine not in excess of Two-hundred Fifty ($250.00) Dollars for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed and such violation may constitute disorderly conduct. II. This Local Law shall become effective upon its filing with the Secretary of State of the State of New York. -5- (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ' oI .............. .~. ~t kO.G L~ .......................................................................................... 'l~own Local Law No ........................~tl- .............................. of the year 19 _8.7. ..... A local law in relation to the Regulation and Control of Alarm Sy.,ste~ns Be it enacted by the ...................... .T..~.~.H...B.¢}a.u.a ....................................................................................... of the (Name d Lefioletive Body) ~¢t~ Southold of .............................................................................................................................................................. as follows: To~ ~l~x I. That Chapter 2q be added to the Code of the Town of Southold, as follows: Chapter 24 Alarm Systems Section 1. Purpose. The purpose of this local ~law is to establish standards and; controls of the various types of fire, intrusion, holdup and other emergency signals from fire and police alarm services that require fire department or police responses,~ investigation or safeguarding of property at the location of an event reported by a signal which is transmitted .by telephone or radio to the Police or Fire Department from a central station as hereinafter defined. Section 2. Definitions. For the purpose of this local law, the following definitions shall apply: TOWN OF SOUTHOLD All of the Town of Southold ;- excluding Fishers Island. ALARM AGENT - Any person who is employed by any business, firm; corporation or other commercial entity that is licensed hereunder to conduct the business of own,ng, operating, maintaining, installing, leasing or selling fire.or police alarm devices whose duties include any of the following: selli-ng, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing, .in or on any building, place or premises, any fire or police alarm device as defined in this local law within the Town of Southold. ALARM INSTALLATION - Any fire or police alarm device or aggregation of fire or police alarm devices installed on or within a single building on or ~within more than one (1) building o~ area adjacently located on a common site at a specific location. ~'"(If additional space~. ._ ~is. needed,_. ,, ._ pleas'e attach sheets~.of the same~...~ ~..~size as this and number each)"'~ Page 1 BUSINESS LICENSEE Any business, firm, corporation or other commercial entity which is in the business of owning, operating, maintaining, installing, leasing or selling a fire or police alarm device or devices or system of fire or police alarm devices which business, firm or corporation or other commercial entity is an owner, operator, provider of maintenance, service, installer, lessor or seller of said device, or system of devices subject to the license requirements of this local law. CENTRAL ALARM STATION Any facility operated by a private firm that owns or leases a system of fire or police alarm devices which facility is manned by operators who receive, record or validate alarm signals and relay information about such validated signals to the Police or Fire Department when appropriate. DIAL ALARM - Any fire or police alarm device.which is a telephone device or telephone attachment that automatically or electronically selects a telephone line connected to a central alarm station or police headquarters and reproduces a pre-recorded message to report a criminal act or other emergency requiring Police or Fire Department. DIRECT ALARM - Any fire or police alarm device connected directly by leased telephone wires from the specified location to police headquarters or the fire department .... EMERGENCY ALARM - Any fire or police alarm device designed to be actuated by a fire criminal act or other emergency at a specific location or by a victim of a hold-up robbery or other emergency or criminal act at a specified location. FALSE EMERGENCY ALARM - Any signal actuated by an emergency alarm to which the police or fire dpeartment responds which is not the result of a fire, robbery or other crime or emergency. FIRE DEPARTMENTS - Buildings owned by the Fire Districts of Mattituck, Cutchogue, Southold, East Marion, Orient. FIRE OR POLICE ALARM DEVICE - Any device which, when actuated by a fire, criminal act or other emergency requiring Police or Fire Department response, transmits a pre-recorded message or other signal by a telephone, radio or other means to a central alarm station or directly to the Police or Fire Departments produces,' an audible or visible signal designed to notify persons within audible or visible 'alarm range of the signal, except for residential smoke detectors/alarms. INTRUSION - Any entry into an area or building equipped with one (1) or more police and fi~e alarm devices by any person or object whose entry actuates a police alarm device. LICENSING AUTHORITY - The Town of Southold or its designated agent. POLICE HEADQUARTERS - Police headquarters and other enclosures housing privately or publicly owned equipment serving the police. Section 3. License Required: Authority to Grant Licenses-and Permits: Time- Limit for Compliance. :. A. It shall be unlawful for any person, business, firm, corporation or other commercial entity to operate, maintain, install, lease or sell a fire or police alarm dewce or devices or system of fire or police alarm devices, as defined by the terms of this local law without first obtaining a license as hereunder provided. 13. Autl~ority to Grant Licenses and Permits. The licensing authority is hereby authorized to grant a revocable license to any business, firm, corporation or other commercial entity, authorizing said business, firm, corporation or other commercial entity to do business in the Town of Southold by performing any or all of the following functions: own, operate, maintain, install, lease or sell a fiYe or police alarm device or devices or system of fire or police alarm devices. The' licensing authority is hereby authorized to grant a license to any alarm agent. revocable -2- The licensing authority is hereby authorized to grant a revocable permit to any owner of property located within the Town of Southold or the lessee thereof to operate, maintain, install and modify a fire or Ix)lice alarm device. Applications for licenses and permits. C. Applications for licenses-and permits shall be made as follows: (1) All businesses, firms, corporations or other commercial entities which are in the business of owning, operating, maintaining, installing, leasing or sellin9 a fire or police alarm device or devices or system of in the Town of Southold shall apply to the licensing authority for a business license, on a form to be supplied by the licensing authority. The application shall contain specific provisions relating to the quality, efficiency and effectiveness of the device or system of devices owned or to be operated, maintained, installed, leased or sold by the business licensee, testing procedures involved and any other information the licensing authority shall determine to be law. (2) Such business license shall be issued for a one--year period, on a calendar year basis or a pa~:t thereof, and no license shall extend beyond December 31 of each year. Notwithstanding this provision, a person having a business license may conduct such business through January 31 of the year following the expiration of his business license. [3) Any person who is to be an alarm agent in the Town of Southold before acting as such alarm agent shall apply for and receive a revocable alarm agent license. The application shall be made to th.e licensing authority on a form to be upplied by the licensing authority. The application shall contain specific provisions relating to the fire or police alarm device or devices, holdup alarms, dial. alarms or alarm installations which are to be sold, leased, installed, operated or maintained by the alarm agent, the skill and competency of the a~oplicant as an alarm agent and such other information the licensing authority determines to be reasonably necessary to effectuate the purpose of this local law. Such calendar year basis or a part thereof, and no license shall extend beyond December 31 of each year. 'Fhe applicant, upon submission of this application, shall be fingerprinted and photographed by the Town of Southold Police Department. Notwithstanding this provision, a person having an alarm agent license may act as such alarm agent through January 31 of the year following the expiration of his license. (4) Any property owner or lessee of property in the Town of Southold having on his or its premises a fire or police alarm device or system of fire or Police alarm devices shall apply to the licensing authority for a permit to own or otherwise have such device on his or its premises. The application shall contain provisions relating to'the device or system of devices installed or to be installed on the premises. Application for permits for fire or police alarm devices existing in premises on the:effective date of this local law must be' made to the licensing authority byDecember 31, 1987. No such'device may be installed on the premises of the owner or lessee and no presently existing fire or police alarm devic~ complying with the provisions of this local law shall be modified after the effective date of this local law prior to the licensing authority's having issued a permit to such owner or lessee. Such permit need not be obtained-on. an annual basis, but shall be obtained each Lime a device or' system is to be installed or modified. Sectioll ti. License Fees. License fees shall be as follows: Business License: One Hundred Dollars ($100.00) per calendar year or part thereof. Alarm Agent: Twenty-five Dollars ($25.00) per calendar year or part thereof. C. '-Owner or Lessee Permit: No Charge. -3- Se( tlOll 5. User Fees. There shall be payable to the Town of Southold a fee of two dollars ($2.00} per month for a fire or police alarm device or devic~es instal]ed on tl~e premises of any owner or lessee. Such user fee shall be payable in the first instance by the business licensee who services the fire or police alarm device or devices of the owner or lessee, but, upon the failure of the business licensee to make such payments when they become due, the owner or lessee of the premises shall thereupon become liable for any unpaid user fees. Such user fees shall be paid to the Town Clerk monthly i~ advance of the first ciay o~ each mOnth. Upon faiiure to make any such payment, the Town shall have the right to proceed by civil action to collect such user fees. Failure to make any such payment after written notice thereof has been given to the owner or lessee shall subject such owner o.- lessee to the penalty provision of such law. Section 6. Susi~ension or Revocation of Licenses. A license issued under this law 'inay be suspended pi,'revoked by the licensing authority after notice and.,~hearing by the licensing authority for the violation of any of the provisions of' this local law or any regulations or regulations promulgated by the licensing authority pursuant to this local law, and any license or identification card issued hereunder shall be surrendered immediately to the licensing authority upon such suspension or revocation. No part of a license fee shall be refunded when a license is suspended or revoked. Any applicant whose application for a license or permit has been denied or any business license, alarm agent, owner or lessee whose license has been suspended or revoked by the licensing- authority may appeai such denial, suspension or revocation in writing to the Town Board at a time and place to be determined by the Town Board in support of his or its contention that the license should not have been denied, suspended or revoked. Section 7. Records. Evei-y business, firm, corporation or other commercial entity conducting the business of owning, operating, installing, leasing or selling fire .or police alarm devices within the Town of Southold shall maintain. complete and accurate records of all installations of alarm systems in the Town of Southold and shall provide such records on a monthly basis for the licensing authority. Section 8. G~neral Provisions. Bo Restrictions: No fire or police alarm device shall be connected directly to the Town of Southold police headquarters or any Fire Department without the express written consent of the Chief of Police or Board of Fire Commissioners, respectively. Direct Alarm System: Any private firm engaged ir; the business of burglar alarms or fire alarms:' and licensed by the Town of Southold will operate a facility which is manned b.y a trained operator who receives, records and 'validates alarm signals and relays information about such validated signals to the Southold Tow-n Police Department or Fire Departments on a special telephone number set aside for the express purpose of receiving such information. All central station alarm facilities shall have the capability to electronically supervise alai-m systems so that a trouble s~gnal i~ indicated ~hould there be fault with any alarm system. The operator of ai]y central alarm co~pany which calls police headquarters or the Fire Department to report an active alarm will identify himself or herself by name and the name of the company and will provide accurate directions to the protected pr'emises at which the alarm is sounding. The central alarm company shall further provide the name-of the caretaker who is responsible for resetting an activated alarm if the i)roperty owner or lessee of' the property is away. In the event that the caretaker is unavailable, the alarm company shall be responsible for' resetting an activated alarm. Audible Alarm Device: Any property owner or lessee of property in the fown of Southold shall, prior to the installation of an audible signal designed to notify persons within the audible range of the signal, obtain a permit [or same. Any such alarm device which operates on house current must be equipped with a stand-by battery i~wer supply sufficient for at least twenty-four (2q) hours. Any such alarm device will incorporate a device whereby the system will automatically shut~ffandlor reset the audible alarm after the alarm has sounded for a maximum period of thirty (30) minutes. All property owners or lessees having such alarm devices on their premises shall further be required to provide the Police Department and Fire Department with the name of a person who can respond to capability of securing or, In the case of fire, opening up said premises for inspection by the Fire Department. Every such audible alarm device must be ~luJpped with a switch to silence the audible alarm. Intentional False Alarm: It shall be a violation of this local law to intentionally cause a false hold-up alarm, and any person who does intentionally cause a false hold~up alarm shall be subject to the penalty provisions hereof. E. Chartres for False Emergency Alarms: Fo Section 9. A. Any owner or lessee of property having a fire or police alarm device or system of fire or police alarm devices on his or its premises on the effective date of this local law, and any user of services or equipment furnished by a licensee under this local- law shall pay to the Town of Southold a charge for each and_._ every false emergency alarm to which the Police or Fire Departments respond, in each calendar year as follows: (a) First and second false emergency alarm each calendar year: No Charge. (b) Third and all subsequent false emergency alarms each calendar year: One Hundred ($100.00) Dollars. The above charges shall be paid to the Town Clerk of the Town of Southold. Failure to pay any such charges shall subject such' owner, lessee or user to the penalty provisions of this local law. Rules, Rec~ulations and Enforcement: The licensing authority shall promulgate rules, regulations and standards which shall be approved by the Town Board that may be necessary for the purpose of assuring the quality, efficiency and effectiveness of fire or poi.ice alarm devices and alarm installations owned, operated, maintained, installed, leased or sold. by a licensee under this local law, and to facilitate the administration of this local law. The licensing authorJ-ty shall administer and enforce the provisions of this local law. The aforesaid rules, regulations and standards shall be set forth in writing and copies shall be available for applicants. Special Provisions. CENTRAL ALARM STATIONS SYSTEMS: The licensing authority is heCeby authorized to prescribe the locations and the manner of installation of regular business telephone lines into police head(tuarlers from a central alarm station for the ex ;ress purt)ose of )ro~i(li~(j direct telephone communicalio~l between ~tation and police headctuarters for use in i-eportl~l~j EXCEPTIONS: None of the provisions of this local law shall .apply to a fire or police alarm device or devices installed ~n a motor vehicle or trailer. SEVERABILITY: If any part or parts of this local aw are for any reason held to be invalid, ~uch decision shall not affect the validity of the remaining portions of-this local law. The Town Board hereby declares that it would have passed the local law enacting this local law and each section, Subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (t) or more sections, subsectiop.s, sentences, clauses or phrases might be declared invalid. -5- Section 10. Penalties for Offenses: Any person, firm or corporation who does not })ay any charge or fee established in this local law or who violates any provision of this local law shall be subject to a fine not in excess of Two-hundred Fifty ($250.00) Dollars for each offense. A separate oifense shall be deemed committed upon each day during which a violation occurs or is committed and such violation may constitute disorderly conduct. Il. This Local Law shall become effective upon its [ilin(~ with the Secretary of State o]: tl~e 5late ot New tort(. ~(Complete the certification in the paragraph whfch applies to the filing of this local law and strike out the matter thereia which is not applicable.) (Final adoption by lacal legislative body only.) I here.by certify that the local law annexed hereto, designated as local law No ..... .1..t}. .......... of 19.....8.Y. Oi~g'x of $outhold ............ was duly passed by the ................ the...T.o.w.n...Boar, d .............................. o£ the Town ......................... (Name of Legislative Body) on..A...u..g..u...s..t.....2..5. ........................ 19...8...7.'. in accordance with the applicable provisions of law. (Passage by local legislative body with approval Or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) I hereby certify that the tocM law annexed hereto, designatedas local law No ..................... of 19 ........ County City of the Town of ...................................... was duly passed by the .................................................................................. (Name of Legislative Body) Village not disapprove~[-' on .................................................. 19 ........ and was approve&' by the ....................................................... repassed after disa[~proval Elective Chief Executive Officer * and was deemed duly adopted on ........................................................ 19 ......... in accordance with the applicable provisions of law. (Final adoption by referendum.) I herebycertifythat the local law annexed hereto, designateda.s local law No ................... of 19..:::. .... County of the City of ................ :. .................... was duly passed by the ...................................................................................... Town (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and wa s approved by the ...... ] ........................................................ repassed after disapproval Elective Chief t~xecntive Officer on ...................................................................... 19. ........ Such local law was submitted to the people by reason of a mandatory. permissive referendum,and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ...................................................... 19 ........ , in accordance with the appli- annul cable provisions of law. (Subject to permissive referendum,and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law~ No ................... of 19 .......... County : City of the Town of ...................................... was duly passed by the ................ - ................................................................ on (Name of Legislative Body) Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executive Officer* .............................................................. [9 ..... Such local law being subject to a permissive referendum and rio valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance with the applicabl.e provisions of law. *Elective Chief Executive Officer means or includes the.chief executive officer of a county elected on a county-wide basis or, if there be none, the chairraan of the county legislative body, the mayor of a city or village or the supervisor of a town, where such off'er is vested with power to approve or veto local laws or ordinances. Page 2 5. ~ (Ci~ty local law concerning Charter rex ision proposed by petition.) I hereby cer'tkfx ,ila; thc: lo; al ',aw ,,anexed he:eto, designated as local law No ..................... of 19 ........ of the City of ...................... . .................................................... havi;xg been submitted to referendum pursuant~to the ~ 36 provisions of 37 of ;i~e 51unicipal Ik, me Rule Law. a~d },aving received the affirmative vote of a majority special of the qualified electors of such city voting thereon at the general election held on .................................. ................ 19 ............ became operative. 6. (County local law concerning adoption of CharterA I hereby certify that the Iocal law annexed hereto, designated as Local Law No ....... of 19 ...... of the C6unty of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 c f the Muni- cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified 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 ar said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) ~ 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 Sriginal local law, and was fina'lly adopted in the manner indicated in paragraph ............. 1:.: .......... above. Date: August 31, 1987 County legislative body, City, Town (~illage Clerk or officer designated by local legislative body Judith T, Terry, Town. Clerk (Seal) '. ~ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village ~ttorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .S. UEF..O. LK .............................. I, 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. Date: August 31, 1987. Title of ...... ...................................... Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD AUGUST 25, 1987 8:00 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO THE REGULATION AND CONTROL OF ALARM SYSTEMS. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Councilman George L. Penny IV Town Clerk Judith T. Terry Chief of Police H. Daniel Winters SUPERVISOR MURPHY: I'd like to open a public hearing on a proposed "Local Law in relation to the Regulation and Control of Alarm Systems," to be read by Council- man Scho~debare. COUNCILMAN SCHONDEBARE: "Public Notic~ is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of July, 1987, a Local Law entitled, "A Local Law in relation to the Regulation and Control of Alarm Systems." Notice is Further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 25th day of August, 1987, at 8:00 o'clock P.M., at which time all interested persons will be heard:' This is a very long Local Law and copies have been available, therefore I will ask that the reading be waived. (No objection.) I have an affidavit of publication of this Local Law by The Long Island Traveler- Watchman, and an affidavit of publication of the Local law by The Suffolk Times, and an affidavit of posting of this Local Law on the Town Clerk's Bulletin Board by the Town Clerk. We had a prior hearing on this matter and the Local Law was changed. I see no other communications or correspondence in the file pertaining to same. SUPERVISOR MURPHY: Thank you, Jay. As Jay said, this is very similar to a prior one that we had a public hearing on and there were several changes made in it, mostly eliminating Fishers Island and to clear up some misunderstanding of some people who objected to it initially. At this time is there anyone in the audience who would like to speak on this proposed Local Law? Either in favor or opposed to it, or any questions on it? Yes, ma'am. MARIE SMITH: I'm Mrs. Marie Smith, East Marion. I have a question on C. "Owner or Lessee Permit: No Charge." And then right after it, "There shall be a fee of Two Dollars per month for a fire or police alarm device or devices installed on the premises of any owner or lessee." I understood that to mean that if you have a security system you must pay a fee of $2.00 per month. Am I wrong? I called the Page 2 - Alarm Systems Town Clerk and they said it was Chief Winters' baby. I called him. He was surprised that anyone should ask a question, and he assured me that every Town in the County of Suffolk has that law. This morning I called three towns. East Hampton said they charge the installers, they charge for false alarms. They were rather surprised and shocked that anyone should charge the owner of a security system. Southampton the same. 13rookhaven, they didn't really know, and I assume they have the Suffolk County Police. I didn't see any police listed for them. I feel rather penalized that I Should pay a fee when I'm very careful with my security system. I would like to know is that part of the law? Please, I don't want my picture taken. COUNCILMAN SCHONDEBARE: Is your alarm system hooked up to the Police Station or otherwise? MARIE SMITH: No. COUNCILMAN SCHONDEBARE: We excluded from this Local Law those in-house alarms and fire alarm systems that are not hooked up to anything outside of the premises. MARII~ SMITH: I'd like to get the information from the horse's mouth. SUPERVISOR MURPHY: Danny, is this so now, or is there still going to be a fee? CHIEF H. DANIEL WINTERS: The statute, the way it's written...l'm Dan Winters. We talked on the phone. MARIE SMITH: Yes. CHIEF WINTERS: There is payable to the Town of Southold a fee of $2.00 per month for a private police alarm installed on the premises of any owner or lessee. This fee defrays administrative costs. We have clerks and secretaries that must compile records, keep records, and $2.00 a month I don't think--it's $24.00 a year--because if your alarm goes off and we answer these alarms, we want to know where you live and how to get there. MARIE SMITH: My husband and I are very careful. We are setting a precedent-- the Town of Southold--that the owners of the security systems have to pay a fee. No other town charges. Only for false alarms. I spoke to the police departments this morning. CHIEF WINTERS: Here's the ordinance for the Town of Riverhead, Mrs. Smith, user fees $2.00. Here is the ordinance from the Village of East Hampton, user fee $2.00. MARIE SMITH: They don't tell you that when you ask them on the phone. CHIEF WINTERS: Probably not. MARIE SMITH: A fee of $2.00 for devices installed. That doesn't say the owner. Wouldn't that be the nstaller? CHIEF WINTERS: Installed, past tense, means in your house. MARIE SMITH: I feel like a voice crying the wilderness. There's no one here but me. Page 3- Alarm Systems SUPERVISOR MURPHY: That's why we're here at a public hearing, is to listen to your comments. CHIEF WINTERS: "User Fees. There shall be payable to the Town of Southold a fee of two dollars per month for a fire or police alarm device or devices installed.." means in. MARIE SMITH: But I didn't inStall it. CHIEF WINTERS: It's there. We're not the only town or village to have a $2.00 user fee. MARIE SMITH: Then I think I'll have to call them again and tell them they gave me misinformation. CHIEF WINTERS: Tell who you spoke to to call me, would you? MARIE SMITH: Yes, I will. I felt I just had to get it out of my system. I'm tired, dog gone it, of paying fees for everything I do. We are very careful. Luckily we've never had a false alarm. I know you have a great many of them and you know which ones they are. Those people should pay. COUNCILMAN SCHONDEBARE: Well, Mrs. Smith, there's a foul-up. The last time I saw this thing I remember I crossed off two sentences which I see are back in here again. And I crossed them off to eliminate residential alarms, either police or fire, and I just spoke to Councilman Penny and he reminded me that that is what transpired. Now I see they're back here in again, with an exception for residential smoke detectors/alarms. I crossed them out, Danny. CHIEF WINTERS: Did you have that, Judy? TOWN CLERK TERRY: Dan, this was §iven tome as a result of whatever Councilman Schondebare gave to the Town Attorney Yakaboski. Remember you and I discussed it between---he talked to me, he talked to you, and that's the way it was done. CHIEF WINTERS: Two exclusions to my knowledged--- TOWN CLERK TERRY: Yes, exactly. Fishers Island and--- CHIEF WINTERS: And the smoke alarms. TOWN CLERK TERRY: Exactly as it is, No one ever spoke to me concerning the $2.00 user fee. COUNCILMAN SCHONDEBARE: Dan, there may have an another conversation that Councilman Schondebare missed, because I recall that conversation that he had, and yet I recall further direction by yourself on that, because I think we had a problem where there were audible or visible alarms that were gonging for weeks and they 'weren't hooked up to the Police Department at all, but they were annoying the neigh- bors for I think the example was given 14 days at a time. So I think maybe Jay wasn't at that last meeting. I recall both of those conversations, and I think that's what it was not eliminated. .Page 4- Alarm Systems CHIEF WINTERS: Absolutely. We want a record of those devices. We want to have a record of them. MARIE SMITH: I can see people who are careless having to pay. COUNCILMAN PENNY; They're not here. They leave, they go to the city, and their alarm rings on all week long while they're gone, and there's nobody there to shut it off. MARIE SMITH: Well, I live near one so I understand that, but there are some us who are extremely careful. SUPERVISOR MURPHY: Unfortunately this happens that some people think of their neighbors and others don't, and the whole intent of this was to try to get a little more control so that these things wouldn't happen, and it did happen that Chief Winters would have the ability to ~ind out who's responsible for it. MARIE SMITH: Well, I guess I go down fighting. CHIEF WINTERS: If I may, MW. Supervisor, I had one of my radio dispatchers prepare some up-to-date statistics on alarms and the activation, and I would just like to submit one and also to Town Board members. This is up to today--Pm sorry, up to the 21st of August. The Police Department answered a total of 442 alarms, and have c~mput~d in the past that the average time spent is 13 minutes. I boils down to 95 hours, which is almost two and a half weeks one police of~cer has spent this year so far answering false alarms. And indeed the statistics I passed out shows you the alarms, the names of the people Mrs. Smith's name does not appear--- SUPERVISOR MURPHY: We're not on here are we? COUNCILWOMAN COCHRAN: I see one on here I set off accidentially. CHIEF WINTERS: This is a list of business and homes, in particular, that have alarms in their houses, plus businesses, how many times we responded, and the total. COUNCILMAN SCHONDEBARE: can see, Chief, some sort of a penalty, etcetera, for the person whose alarm goes off consistently for false alarms because it is not properly installed, or for some other reason, but for the person who goes out and buys an alarm, puts it in his house and nothing happens, to make them pay $2.00 a month ? MARIE SMITH: Only $2.00 a month. CHIEF WINTERS: Only $2.00 a month. MARIE SMITH: I resent the "only". COUNCILMAN SCHONDEBARE: Wel~, it's a bookkeeping nightmare to begin with, $2.00 a month to start with. T©~N CLERK TERRY: Chief, yolu might mention in registering them what information you would have. Who you would call in the event that it goes off---- Page 5 - Alarm Systems CHIEF WINTERS: We will have cards who to call 24 hours a day. If you're in Europe we will be able to contact a neighbor to come shut your alarm off. MARIE SMITH: Aren't there any installers here? SUPERVISOR MURPHY: No. They had objected in the very beginning. MARIE SMITH: But quietly I guess. SUPERVISOR MURPHY: No, and they sat down and worked out their differences and basically are in agreement with the law right now. We're very happy they did, CHIEF WINTERS: I don't feel the $2.00 is too much. That's my opinion. Or $24.00 a year to defray administrative costs when we're going to help you. MARIE SMITH: I hope so. SUPERVISOR MURPHY: Any other comments in the audience? Any members of the Town Board? · COUNCILMAN SCHONDEBARE: No, I realize the Chief really wants this bill. I know it's going to help him out. MARIE SMITH: I understand his side, but I think I have a side too. COUNCILMAN 5CHONDEBARE: I think you've made a good point. MARIE SMITH: I'm the only person who objects. COUNCILMAN 5CHONDEBARE: There's 20,000 in the Town and here you are. MARIE SMITH: Next time I'll keep quite. SUPERVISOR MURPHY: No, no, don't do that. You're always welcome to COme out. Okay, if no one else has anything further to say, I'll close the public hearing. udith T. Terry Southold Town Clerk LE._3GA L NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby given that there has been presented lo the Town Board of the Town of Soulhold, Suffolk County, New York, on the 28th day of July, 1987, a Local Law entitled, "A Local Law in rela- tion to the Regulation and Con- trol of Alarm SystemsY NOTICE IS FURTHER GIV- EN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 25th day of August, 1987 at 8:00 o'clock P.M., at which time all interested persons will be heard. I. The purpose of this propos- ed t'Local Law in relation to the Regulation and 'Control of Alarm Systems" is to establish standards and controls of the various types of fire, intrusion, holdup ami other emergency signals from fire and police alarm services that require fire department or police responses, investigation or safeguarding Of property at the location of an event reported by a signal which is transmitted by telephone or radio to the Police or Fire Department for a central station. The Local Law defines the alarm agent, type of installa- tigon, alarm devices, licensing ~thority. Licenses and Permits are re- quired for any business, firm, corporation or other commer- cial entity to do business in the Town of Southold by perform- ing any or all of the following functions: own, operate, main- tain, install, lease or sell a fire or police alarm device or devices or system of fire or police alarm devices. Said license ~hall be issued for a one-year period, on ~ a calendar year basis or a part thereof, and no license shall ex- '~tend beyond December ]1 of each year. ~-~ License Fees: A. Business License: One :Hundred Dollars ($100.00) per calendar year or part thereof. B. Alarm Agent: Twenty-five Dollars ($25.00) per calendar year or part '.hereof. C. Owner ar Lessee Permit: No Charge. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ./. ..... weeks successively, commencing on the ........... ?/. ........ da" of/z~ Sworn to before me this /~---~; day of ......... :..'~3~'. .......... 19 ..... ~ ~lll:b~,a ~ of Two Dollar~ ($2:00) per month for a fi~ or ~U~ ~ d~ice or ~ ~1~ on the p~i~ of ~y own~ or I~ P~isions ~ made und~ this law for sus~ion or ~ocation of li~ should th~ ~ a ~o~fion of ~ 0~ local law. G~neral provisions set forth restriedons, operation of a direct a/arm system, or audible alarm device; violations and charges for fa/,se alarms;, rules, regula- tions and enforcement; as well as provisions relative to central alarm station systems. Exceptions to the/aw: Fishers Island, residential smoke detec- wrs/alarms, a fire or police a/arm device or devices install- ed in a motor vehicle or trailer. il. This local law shall become effective upon its filing with tl~ S~retary of State. Copies of the complete Local Law are available in the Office of the Town. Clerk to any in- terested persons during business hoar~. DATED: July 28, 1987 JUDITH T. TERRY, SOUI~OLD TOwN CLERK 1T-8/6/8~7 (~4)_, Notary Public BARBARA FORBES Notv. ry Pt&i!% St:rte oL' New York ON LOCAL I,AW tni~ nml°~tor .vehicle or trai er Law are avo;I [,Cmpmte Local STATE OF NEW YORK } ! SS: COUNTY OF SUFFOLK ) Gerry Pmglia~o of Groenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for 1 weeks sugcessivoly, commencing ~nthe day of ~tlgtlsC 19U'~ Sworn to/l~r,e.m,e this ~. day of (~-~/~' 1~'/MARY K. OEGNAN . NOTARY PUBLIC, State Suffolk ~unty N0. ~49~0o.