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HomeMy WebLinkAboutLL-1989 #21 LOCAL LAW NO. 21 - 1989 A Local Law in Relation to Alarm Systems BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 24 (Alarm Systems) of the Code of the Town of Southotd is hereby amended as follows: 1. Section 24-3.C(4) is I~'ereby amended to read as follows: Any property owner or lessee of property in the Town of Southold having on their 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 their premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. 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 chapter shall be modified after the effective date of this chapter prior to the licensing authority's having issued a permit to such owner or lessee. Such permit shall be valid for a period of one (1) year from issuance and must be renewed upon expiration. 2. Section 24-4 is hereby amended to read as follows: Section 24-4 Fees License and permits fees shall be as follows: Ao Business license one hundred dollars ($100.00) per calendar year or part thereof. Owner or lessee permit: 1. Initial permit: twenty five dollars ($25.00). 2. Renewal permit: ten dollars ($10.00). 3. Section 24-5 is repealed. II. This Local Law shall take effect upon its filing with the Secretary of State. Date __ llL2~L~9 Local Law(s) No 2 l Year 1989 Municipality ~Toxan of Sour-hold Please be advised that the above-referenced material was received and filed by riffs office on Additional forms for filing local laws witi~ riffs office will be forwarded upon request. RECEIVED [lEO 4 1989 NYS Department of State Bureau of State Records (Please Use this Form for Filing your Local Law with the Secretary o! 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. To~wn of ............................ Southold Lo~al Law No. 21 of the year 19 .8.9 ........ Alocallaw In Relation to Alarm Systems ~ , (insert title) Be it enacted by the .................... .T.o..w.n...B. qa. r..d ...................................... of the (Name of Legislative Body) Town of ............................. S. 9 .u.t .l:i~l-d- ..................................... as follows: I. Chapter 24 (Alarm Systems) of the Code of the Town of Southold is hereby amended as follows: 1. Section 24-3.C(4) is hereby amended to read as follows: Any property owner or lessee of property in the Town of Southold having on their 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 their premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. 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 chapter shall be modified after the effective date of this chapter prior to the licensing authority's having issued a permit to such owner or lessee. -Such permit shall be valid for a period of one (1) year from issuance and must be renewed upon expiration. 2. Section 24-4 is hereby amended to read as follows: Section 24-4 Fees License A. and permits fees shall be as follows: Business license one hundred dollars ($100.00) per calendar yea~ or part thereof. Owner or lessee permit: 1. Initial permit: Twenty five dollars ($25.00). 2. Renewal Permit: Ten dollars ($10.00). 3. Section 24-5 is repealed. II. This Local Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, please attach sheets of the same size as this and number each) (1) (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is notapplicabl.e..) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No...2J ..... of 19 {~.~ ..... of ne Town of .. ~PM~Dg~O ..... was duly p~sed by the ...TP~. ~Q~CO .......................... (N~e of Legislative ~y) on ....N..o..v..e..m..b..e.r....1 ?. ...... 19 ..~....'in accordance with the applicable provisions of law. o (Passage by local legislative body with apo roval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) ofthe I hereby certifythat the local law annexed hereto, designated as local law No .......... of 19 ........ County City Town of ................ was duly passed by the ............ '(I~-'~f'l.~e;i;l~;i,:e'l~o'd~)' ........... Village not disapproved on ............................. 19 ........and was approved by the ............................ repassed after disapproval Elective Chief Executive O [ricer* and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County City of the Town of ................ Village was duly passed by the ............ '{fi~r~; ;{'~e;i;l~;i~e'~;}' ........ .':' not disapproved and was approved repassed after disapproval by the ............................ Elective Chief Executive Officer* on .................................. 19 ..........Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ............................. 19 ......... in accordance with the applicable annual provisions of law. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) I hereby cer.tify that the local law annexed hereto, designated as local law No ......... of 19 ........ County _. City ottl~e Town of ................ Village on ............................. 19 ........ was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved - repassed after disappro'val by the ............................ Elective Chief Executive Officer* on .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ............................. 19 ......... in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chie! executive officer of a county elect~ on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor ora city or village or the s~pervisor o! a town where such officer is vested with power to approve or veto local laws or ordinances. (City local law concerning Charter revision pro~sed by petitiOn.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the provisions of 37 of the Municipal Home Rule Law, and having received the affirmative vote of a special. majority of the qualified electors of such city voting thereon at the genera~ election held on ............ ............ 19 ......... became operative. 6. (County local law concerning adoption of Charter.) ! hereby certify that the locaI law annexed hereto, designated as local law No ......... of 19 ......... of the County of ...... . ................. State of New York, having been submitted to the Electors at thc General Election of November ............. 19 ....... pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of thc 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 an appropriate certifica- tion.) 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 ..... ~l ....... above. Date: November 15, 1989 Judith T. Terry, Town Clerk (Seal) (Certification to be executed by County Attorney, Corporauon Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ..... $.l.J..E EQ kg .............. 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 thq~local law annexed hereto. · ...... Signamre Matthew G. Kiernan, Assistant Town Attorney Title Date: November 15, 1989 ~"R>X of Southold Town .................................. (3) PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 9, 1989 8:10 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ALARM SYSTEMS". Present: Absent: Councilwoman Jean W. Cochran Justice Raymond W. Edwards Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Town Clerk Judith T. Terry Town Attorney James A. Schondebare Supervisor Francis J. Murphy (out of town) Councilman George L. Penny IV (out of town) COUNCILWOMAN COCHRAN: I ,opening the hearing on a "Local Law in Relation to Alarm Systems", The official notice to be read by Councilwoman Larsen. COUNCILWOMAN LARSEN: "Notice of Public Hearing on Local Law. PUl~lic Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of October, 1989, a Local Law entitled, "A Local Law in Relation to 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 9th day of November, 1989 at 8:10 o'clock P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Alarm Systems" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 24 (Alarm Systems) of the Code of the Town of Southold is hereby amended as follows: 1. Section 24-3.C(4) is hereby amended to read as follows: (4) Any property owner or lessee of property in the Town of Southold having on their 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 their premises. The application shall contain provisions relating to the device or system of devices installed or to be installed on the premises. No such device may be installed on the premises of the owner or lessee and no presently exisiting fire or police alarm device complying with the provisions of this chapter shall be modified after the effective date of this chapter prior to the licensing authority's having issued a permit to such owner or lessee. Such permit shall be valid for a period of one (1) year from issuance and must be renewed upon expiration. Pg 2 - PH Alarm Systems 2. Section 24-4 is hereby amended to read as follows: Section 24-4. Fees. License and permit fees shall be as follows: A. Business license one hundred ($100.00) per calendar year or part thereof. 13. Owner or lessee permit: 1. Initial permit: twenty-five dollars ($25.00). 2. Renewal permit: ten dollars ($10.00). 3. Section 24-5 is repealed. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: October 24, 1989. Judith T. Terry, Southold Town Clerk." There is an affidavit of publication from the Suffolk Times, an affidavit of publication to Mattituck Traveler-Watchman, a notice from the Town Clerk that the above has been posted on the Town Clerk's ~3ulletin Board. There are no other comments. COUNCILWOMAN COCHRAN: You have heard the reading of the public notice. Are there any comments from the audience? Mr. Pell? WILLIAM R. PELL II1: Is it tied into the Police Station, or does this have an alarm in your house? COUNCILWOMAN COCHRAN: Mr. Schondebare, would you like to clarify? TOWN ATTORNEY SCHONDEBARE: It's not specifically related to tying into the Police Station. It, also, applies to alarms that are at your home. Also, this has been on the books for about a year, if not two. The only thing we're doing now is amending the section that, I believe, required a monthly fee to be paid. We've done away with that. It's just a yearly fee. TOWN CLERK TERRY: And the permit is valid upon issuance. Before it was on the calender year, January to December. Now if you get it in September, it's good to the next September. TOWN ATTORNEY SCHONDEBARE: All the rest of it is already on the books. It has been for, if not a year, two years. WILLIAM R. PELL II1: How do you enforce that? Say I have an alarm in my house. It just rings a loud bell outside. TOWN ATTORNEY SCHONDEBARE: What normally happens, is when that alarm goes off, the neighbors call the,Police Department. The Police Department goes down, and at that time they'll check. WILLIAM R. PELL II1: So if it doesn't go off, you don't have a fire, you don't have to enforce it. TOWN ATTORNEY SCHONDEBARE: We assume that you will come forward, and advise us, if you have one. WILLIAM R. PELL III: I didn't know about the law. TOWN CLERK TERRY: We have hundreds and hundreds of these in the Town of Southold, and I believe Ellen is pretty versed in the alarm system. She spent some time observing it at the Police Station. By-monthly I receive a computer Pg 3 - PH Alarm Systems printout that's about that thick, on alarms that go off. WILLIAM R. PELL 111: I agree with it, when it's tied into the Police house. That I'm all in favor of. That I'm 100% for, but for the individual, who want to go down to the store and buy an alarm, a protective fire alarm, just put a speaker on the outside of the house. I did this on Bailey Avenue, when I lived there. All I had was a loud horn on the outside of my house, and if there was a fire the neighbors would call the Fire Department, if you weren't home. TOWN CLERK TERRY: Did you go to Europe, and have it ring for three weeks, day and night? The Police couldn't break and enter. TOWN ATTORNEY SCHONDEBARE: We have summer residents, that they just go off, and the people are in Astoria, and they just keep ringing and ringing. TOWN CLERK TERRY They have no caretaker. JUSTICE EDWARDS: have a point to bring up. You're talking about..how about if the person has a fire alarm detector in his house, but does not have an outside audible designate. TOWN ATTORNY SCHODEBARE: It has to be audible on the outside. Audible. That's the key, audible on the outside. JUSTICE EDWARDS: If he has it inside, it's audible inside... COUNCILWOMAN COCHRAN: I've never really favored this particular piece of legislation. I feel that people are paying a fee and not receiving a service, but the majority .... it's been on the books for a year, Bill, and... WILLIAM R. PELL II1: If it's on the books, it means it can't come off either. COUNCILWOMAN COCHRAN: You got it. TOWN ATTORNEY SCHONDEBARE: II~'S been a source of contention for as long as it's been on the books. TOWN CLERK TERRY: One thing we're doing here, we're actually lowering the fee. At the present time, it's $2.00 a month, $24.00 a year. Now we're going to have an initial permit fee of $25.00. Once you have a permit, it will only then, be $10.00 a year for renewal. WILLIAM R. PELL II1: I just think it's a poor law. TOWN ATTORNEY SCHONDEBARE: We always refer to the Chief of Police. go talk to him. WILLIAM R. PELL II1: If they were tied into the Police, l'd agree 100%. Please, COUNCILWOMAN COCHRAN: The ones that are tied into Headquarters? WILLIAM R. PELL II1: Yes. COUNCILWOMAN LARSEN: There's quite a bit involved when it's answered by a response, and I have problems with the law, too, but after you see the alarm goes off, all the information immediately comes up on the computer screen, who Pg 4 - PH Alarm Systems to contact off the premises, who to contact out of town. COUNCILWOMAN COCHRAN: That's when it's tied into Headquarters. We're not talking about that kind. We're talking, you go out and buy an alarm, you hook it up, and it screeches outside. It's not hooked into the Police Station. Some of those are hooked into private concerns. We have one that we're responsible for coming to our home, and the Town is not giving any service. The alarm rings in this guy's house, and we go take care of it. So it's always been a negative in my mind. Do we have any more questions from the audience? WILLIAM R. PELL Ill: I think you should study the law, and repeal itt that section of it. The one telling the Police, leave alone, but the other one is no good. JUSTICE EDWARDS: Guess what hamlet was exempt from this? Fishers Island. COUNCILWOMAN COCHRAN: Are there any more comments in relation to the alarm law, changing the alarm law? (No response.) Hearing none, we'll close the hearing. Judith T. Terry~ Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HERE- BY GIVEN that there has been presented to the ~bwn Board of the Town of Southold, S~lffolk County, New York, on the 24th day of October, 1989, a Local Law entitled, "A Loerd Law in Relatioa to Alarm Systems." NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the afor~,~aid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 9th day of November, 1989 at 8:10 o'clock P.M., at which time all hat~res~ed persons will be heard. This proposed "Local Law in Relation to Alarm Systems" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 24 (Alarm Sys- tems) of the Code of the Town of Southold is hereby amended as follows: 1. Section 24-3.C(4) is here- by amended to read as follows: (4) Any property owner or lessee of property in the Town of Southold having on their pre- mises a fire or police slarm de- vice, 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 their premises. The application shall contain provi- sions relating to the device or system of devices installed or to be installed on the premises. No such device may be installed on the p~mises of the owner or les- see and no presently existing fire or police alarm device comply- lng with the provisions of this chiq~a' sim[I be modified after tbe effective date of this chap- ter prior to the licensing auth- ority's having issued a permit to such owner or lessee. Such per- mit shall be valid for a period of one (1) year from issuance and must be renewed upon expiration. 2. Section 24-4 is hereby amended to read as follows: Section 24-4. Fees. License and permit fees ahali be as follows: A. Business license one hundred dollars ($100.00) per calendar year or part thereof. B. Owner or lessee t~rmit: 1. Initial permit: twenty* five dollars ($25.00). 2. Renewal permit: ten dollars ($10.00). COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... Z... weeks successively, commencing on the ........... ~ .......... Sworn to before me this ..................... day of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qtlaiiiied in Suffolk County G~r~lmtssion ~pires ~//~o 3. Section 24-5 is repealed. 11. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any int~cested person~ during business hours. DATED: October 24, 1989. JUDITH T. TERRY SOUTHOLD TOWN CLERK IX, 11/2/89 (35) ~ld, Suffolk County, New Systems) tie Code of thc Tow~ of Sout~ b h~ ~d~ ~ foUows: l- Section 24-3.C(4) is hereby ~d~ to ~ as fo~S: (4) Any proporW owu~r premises. The application. shall contain provisions rclatln$ to thc d~vicc or sye- - tern of devices installed oF * to be iustallcd on thc. premises. No such device may be installed on thc~ premises of thc owner Or lessee and no presently existing fn~ or police alami device complying with thc provisions of this chapt¢~ shall b~ reedified after effective date of this chapt~ prior to thc licensing autho~' ity's having issued a permit Such pgrmit shall be valid for a pgfiod of o1~ (1) year STATE OF NEW YORK) ) ss: CouNTY OF SUFFOLK) o! Mattituck, in /she is Principal said County, being Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, tn the Town o! Southoid, County o! Suffolk and State of New York, and that the Notice of which the annexed is a printed copY, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the 2n~_ day of from issuance and must be ¥ t9~__ r~newed upo~ expiration. _ · s~id LOC~ // 2. Section 24-4 is h~r~by amend- Cg.p.~e,* o~ Office of th, ToWn ed to reed as follows: Scc~ 24-4. Fees. ~-~ Pr I. .'- : '. · , ' ' ~. ($~0.~). day of ~ ~ / t~m of fi~ or ~lice dc~ccs, sha~ a~l~ to ~c. 3. ~m ~4-5 ~ ~' lips'8 au~ofity for a ~r-- -~. %~ ~ ~w s~ ~c