Chapter 70

ARTICLE I ARTICLE V General Provisions Restrictions § 70-1. Purpose. § 70-12. Restrictions enumerated. § 70-2. Definitions. ARTICLE VI ARTICLE II False Alarms Permit Authority § 70-13. Intentional false alarms. § 70-3. Authorization to issue permits. § 70-14. Responsibility for malfunctions. § 70-15. Charges. ARTICLE III § 70-16. Payment and contesting of Permits charges. § 70-17. Fees for costs incurred. § 70-4. Application; renewal; certification; display. ARTICLE VII § 70-5. Fees. General Regulations § 70-6. Permit Required. § 70-7. Denial, suspension or § 70-18. Unlawful equipment. revocation of permit or § 70-19. Additional rules, regulations disconnection of alarm. and standards. § 70-8. Refund of fee. § 70-20. Central alarm station. § 70-9. Contesting of denial, § 70-21. Applicability. suspension, revocation or § 70-22. Penalties for offenses. charges. § 70-23. Unpaid fines, fees and charges. § 70-10. Payment of charges. § 70-24. Tampering with alarms. ARTICLE IV Responsibility of Village § 70-11. Liability. GENERAL REFERENCES Noise — See Ch. 160. ARTICLE I General Provisions § 70-1. Purpose. The purpose of this chapter is to provide regulations and standards applicable to alarm devices, alarm businesses, alarm agents and alarm users as defined in this chapter. § 70-2. Definitions. For the purpose of this chapter, the following definitions shall apply: ALARM — A signal transmitted to police or fire headquarters by a central alarm station which is intended to notify the Police or Fire Department of a burglary, robbery or fire at a premises within the Village of Croton-on-Hudson to which the Police or Fire Department is expected to respond. ALARM AGENT — Any individual who is employed by any person conducting the business of owning, operating, maintaining, installing, leasing or selling 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 alarm device, as defined in this chapter, within the Village of Croton-on-Hudson. ALARM BUSINESS — Any person engaged in the business of owning, operating, maintaining, installing, leasing or selling an alarm device or devices or system of alarm devices, which business is, as owner, operator, provider of maintenance service, installer, lessor or seller of said device, devices or system of devices. ALARM DEVICE — Any device which, when activated, transmits a signal to a central alarm station and/ or produces an audible or visible signal to which the Police or Fire Department is expected to respond. ALARM INSTALLATION — Any alarm device or aggregation of alarm devices installed on or within a single building or on or within more than one building or area adjacently located on a common site, at a specific location. ALARM USER — Any person on whose premises an alarm device is owned, operated, used or maintained. CENTRAL ALARM STATION — A. Any facility operated by a private firm that receives and verifies alarm signals and relays information about such verified signals to the Police or Fire Department. B. A "central alarm station" shall include all alarm users whose alarm device or devices or system of alarm devices is capable of transmitting an alarm directly to his/her computer, smartphone, or other mobile device via a wireless signal. FALSE ALARM — Any alarm resulting from the activation of an alarm device to which the Police or Fire Department responds and which is not the result of a robbery, burglary or fire. LESSEE — Any person applying for an alarm permit renting or using the premises who is not the property owner. LOCAL ALARM DEVICE — Any alarm device not connected to a central alarm station which, when activated, causes an audible and/or visual signaling device to be activated at the premises on or within which the device is installed. MALFUNCTION — A mechanical deficiency or other fault or failure in an alarm device which results in a false alarm. MANUAL ALARM DEVICE — Any alarm device in which activation of the alarm signal is initiated by the direct action of the alarm user. PERMIT AUTHORITY — The Village of Croton-on-Hudson. PERSON — Any natural person or any other entity. RESPONDS — Acknowledgment that police and/or fire headquarters have received an alarm by an act of answering a telephone call, noting information received and starting any process of response, such as notifying vehicles of receipt of an alarm or any other act commencing the process of acting as a Police or Fire Department on account of such notification. VERIFICATION — Qualification of the legitimacy of an alarm signal by various means which may under normal conditions include but shall not be limited to customer call-in, central station call-out, automatic abort or built-in delay. ARTICLE II Permit Authority § 70-3. Authorization to issue permits. The Village of Croton-on-Hudson is hereby authorized to grant a revocable alarm user permit to any owner of property located within the Village of Croton-on-Hudson or the lessee thereof to own or lease an alarm device. ARTICLE III Permits § 70-4. Application; renewal; certification; display. A. Application for an alarm user permit shall be made as follows: Any property owner or lessee of property in the Village of Croton-on-Hudson having on such premises an alarm device or system of alarm devices shall apply to the Village Manager or other Village agent for a permit to own or otherwise have such a device. Each lessee must have written authorization from the property owner acknowledging liability for any and all fines incurred by his or her lessee. No such device may be installed on the premises of the owner or lessee prior to the issuance of a permit to such owner or lessee. In addition, the Village will notify the landlord of any false alarm against the property and any fines imposed by virtue of the tenant's alarm permit. B. Such permit shall be renewed on an annual basis starting in January of each year and ending in December of the same year. All applications and renewals shall require certification, by an alarm agent, that the device or system of devices is in good working order and meets all applicable code requirements within 12 months prior to the application or renewal. C. The alarm user permit number will be displayed at the alarm user's premises in accordance with the rules promulgated by the Village Manager. § 70-5. Fees. Permit fees shall be established by resolution of the Village Board of Trustees22, and no refund of permit fees shall be made. § 70-6. Permit Required. It shall be unlawful for any property owner or lessee of property in the Village of Croton-on-Hudson to have on his premises an alarm device or devices or system of alarm devices without first obtaining a permit as provided in this chapter. § 70-7. Denial, suspension or revocation of permit or disconnection of alarm. The Village Manager or his agent may require the denial, suspension or revocation of any permit or the disconnection of any alarm device in the Village of Croton-on-Hudson at any time that he deems necessary for the violation of any standards or regulations promulgated by the Village Manager pursuant to this chapter. Any permit or identification card issued under this chapter shall be surrendered upon a final adverse determination as provided in this chapter. § 70-8. Refund of fee. No part of a permit fee shall be refunded when a permit is suspended or revoked. § 70-9. Contesting of denial, suspension, revocation or charges. [Amended 6-7-2021 by L.L. No. 6-2021] Any applicant whose application for a permit has been denied or any person whose permit has been suspended or revoked by the Village Manager or who is charged for one or more false alarms may contest 22. Editor's Note: The current fee resolution is on file in the office of the Village Clerk. such denial, suspension, revocation or charges, in writing, to the Village Manager within 10 days after the date of the notice of denial, suspension, revocation or charges. Any letter of denial, suspension, revocation or charges will set forth the process for the owner or occupant to appeal to the Village Manager. Any appeal must be filed, in writing, with the Village Manager within 10 days and must set forth the reason why the owner or occupant believes the denial, suspension, revocation or charges to be incorrect under the provisions of this section. If requested, the owner or occupant will be given the opportunity to discuss their position with the Village Manager. The decision of the Village Manager shall be made within 10 days after receipt of the appeal or any such discussion and shall be final. § 70-10. Payment of charges. Charges for false alarms and/or other expenses incurred by the Village as a result of the installation and operation of such alarm device or devices or system of alarm devices are payable within 30 days from the date of notification without penalty. Penalties for each unpaid charge will be assessed monthly in accordance with the rules promulgated by the Village Manager. ARTICLE IV Responsibility of Village § 70-11. Liability. A. Notwithstanding the payment of any fee and/or the issuance of any permit as herein required, the Police Department, Fire Department and the Village of Croton-on-Hudson shall be under no obligation whatsoever concerning the adequacy, the operation or maintenance of any alarm device so installed or of any central alarm station. The Village of Croton-on-Hudson and its authorized agents assume no liability whatsoever for any failure of any such alarm device or of any central alarm system or for failure to respond to any such alarms or for any act of omission or commission relating to any alarm device or system. B. The alarm user or permittee, by acceptance of a permit, agrees to hold and save harmless the Village of Croton-on-Hudson and its agents or employees from any liability whatsoever with respect to any such alarm device or the operation thereof. ARTICLE V Restrictions § 70-12. Restrictions enumerated. A. No person shall use or cause or permit to be used any alarm device that automatically selects a telephone trunk line of the Police or Fire Department for the Village of Croton-on-Hudson and then reproduces any prerecorded voice messages to report any robbery, burglary or fire. B. No person shall use or cause or permit to be used any alarm device which, when activated, causes an audible and/or visual signaling device at the premises on or within which the device is installed unless such device will automatically turn itself off after 10 minutes. ARTICLE VI False Alarms § 70-13. Intentional false alarms. It shall be a violation of this chapter to intentionally cause a false alarm, and any person who does intentionally cause a false alarm shall be subject to the penalty provisions of this chapter. § 70-14. Responsibility for malfunctions. A. The alarm user or lessee shall be responsible for the maintenance and service of the alarm device and shall be responsible for all malfunctions of such device. B. A malfunction of an alarm user's system constitutes a false alarm. § 70-15. Charges. Any owner or lessee of property having an alarm device or system of devices on such premises shall pay to the Village of Croton-on-Hudson a charge as may be set by the Village from time to time for each and every false alarm occurring in any fiscal year beginning with January 1, 2003. § 70-16. Payment and contesting of charges. A. All charges will be collected by the Village Treasurer. Failure to pay a charge shall subject such alarm user or lessee to the penalty provisions of this chapter. B. Any alarm user or lessee charged with a false alarm must pay the amount charged within 30 days of date of notice of the charge. Anyone charged with one or more false alarms may contest such charges in the manner provided in Article III, § 70-9, of this chapter. § 70-17. Fees for costs incurred. The Village of Croton-on-Hudson may require that a fee or fees be paid by any alarm user for costs incurred or which may be incurred by the Village on account of the installation and operation of such alarm device. ARTICLE VII General Regulations § 70-18. Unlawful equipment. In addition to any other remedy provided by law, the Village Manager of the Village of Croton-on- Hudson, or his agent, whenever he shall have knowledge of the use of any alarm device, which is not operated or maintained in accordance with the provisions of this chapter or which is contrary to regulations promulgated pursuant to this chapter, may order the disconnection of such device from the central alarm station, and it shall be unlawful to disobey such order. § 70-19. Additional rules, regulations and standards. The Village Manager shall promulgate rules, regulations and standards applicable to alarm devices, alarm businesses, alarm agents and alarm users which are necessary for the purpose of assuring the quality, efficiency and effectiveness of alarm devices and alarm installations owned, operated, maintained, installed or leased by an alarm user under this chapter. The rules, regulations and standards shall be set forth in writing, and copies shall be available for applicants. § 70-20. Central alarm station. The Chief of Police is hereby authorized to prescribe the manner of communication and transmission of information between a central alarm station and the Police Department. § 70-21. Applicability. None of the provisions of this chapter shall apply to an alarm device or devices installed in public-owned buildings, local alarm devices, or an alarm device or devices installed in a motor vehicle or trailer or to employees of a public utility company engaged in the business of providing communication, services or facilities. § 70-22. Penalties for offenses. The failure of any person to obtain any permit as required by Articles II and III or to perform or obey any provision of this chapter or to obey any order of the permit authority, the Village Manager or the Croton-on-Hudson Police Department pursuant to this chapter constitutes a violation punishable by a fine of not less than $100 but up to $2 for each violation. Each day that such violation continues after the expiration of any period allowed for compliance under the provisions of this chapter shall constitute a separate offense. § 70-23. Unpaid fines, fees and charges. Unpaid fines, false alarm fees, permit fees or other charges shall become a lien upon the property from which the alarm resulting in a call to police or fire headquarters originated, resulting in such fine, fee or charge and will be collected in the same manner as real estate taxes after the provisions of Article III, § 70-9, are exhausted if initiated by the owner or lessee. § 70-24. Tampering with alarms. Any person who shall intentionally tamper with, destroy or compromise any alarm or alarm device or equipment connected therewith, which alarm or alarm device is governed by the provisions of this chapter, § 70-24 ALARM SYSTEMS § 70-24 shall be guilty of a Class A misdemeanor. § 70-24 CROTON-ON-HUDSON CODE ALCOHOLIC BEVERAGES