PUBLIC HEARING 10/2/24 7:30 PM INTRODUCTORY LOCAL LAW 2 OF 2024

VILLAGE OF FLORIDA NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Village Board of Trustees of the
Village of Florida will hold a public hearing at the Village of Florida Village Hall, 33 South Main Street, Florida New York 10921
on Wednesday, October 2nd, 2024 at 7 30 p.m. or as soon thereafter as possible on Introductory Local Law 2 of 2024, A
LOCAL LAW TO REGULATE AUTOMATIC ALARMS IN THE VILLAGE OF FLORIDA. A copy of the proposed Local Law is
available for review in the Village Clerk’s office at 33 South Main Street, Florida New York 10921. By order of the Mayor and
the Board of Trustees of the Village of Florida, New York.

Colleen
Wierzbicki Village Clerk

INTRODUCTORY LOCAL LAW 2 OF 2024

A LOCAL LAW TO REGULATE AUTOMATIC ALARMS WITHIN THE VILLAGE OF FLORIDA

Be it enacted by the Village Board of the Village of Florida, Town of Warwick, County of Orange, State of New York, as follows:

Section 1.  Purpose.

The Board of Trustees of the Village of Florida hereby finds that standards and controls regarding intrusion, fire, holdup and other emergency signal devices or protective services and the businesses and persons dealing in such devices or protective services are necessary to safeguard the public health, safety and welfare and that such standards and controls will afford greater emergency protection to the public; will expedite emergency communication and response; will facilitate coordination of emergency procedures and identification of persons and devices engaged in providing such procedures; will minimize false alarms and other misleading or confusing signals or procedures; will reduce access to police, fire and emergency procedures and facilities to persons of poor moral character; and will encourage the use of reliable systems and personnel to facilitate emergency services available to the public. This chapter is intended to serve the foregoing purposes by prohibiting the sale, leasing, use, installation, repair or maintenance of any police, fire or medical emergency alarm device or protective service in the Village of Florida except in conformity with the provisions of this chapter and rules and regulations promulgated hereunder.

Section 2.  Chapter xx, entitled Alarm Systems is hereby adopted to read as follows:

• xx-1. Definitions

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

ALARM DEVICE: POLICE, FIRE AND MEDICAL EMERGENCY – Any device which, when activated by a criminal act, fire or other emergency, transmits a prerecorded message or other signal by telephone, radio, central alarm station or audible or visible signal designed to cause any person within audible or visual range to notify the Police Department or Fire Department, requiring their respective emergency response.

ALARM LICENSE – The written authorization of the New York State Secretary of State granted to any person to engage in the business of installing and/or servicing police, fire or medical emergency alarm devices .

ALARM LICENSEE – Any person, business, firm, corporation or other commercial entity which is in the business of owning, operating, maintaining, installing, leasing or selling a police, fire or medical emergency alarm device or devices, which person, business, firm, corporation or other commercial entity is, as owner, operator, provider of maintenance service, installer, lessor or seller of said device, devices or system of devices, licensed pursuant to the requirement of the New York State Law.

ALARM PERMIT – The written authorization of the license authority granted to any person, business, firm, corporation or other entity to install, maintain or cause to be installed or maintained in his place of residence or business any police, fire or medical emergency alarm devices.

AUTOMATIC DIAL ALARM – Any police, fire or emergency medical alarm device which is a telephone device or telephone attachment that automatically or electronically transmits a signal to preselected telephone lines connected to a central alarm station or police headquarters and reproduces a prerecorded message to report a criminal act or other emergency requiring police, fire or medical emergency response.

CENTRAL ALARM STATION – Any facility operated by a private firm that owns or leases a system of police, fire or medical emergency alarm devices, which facility is manned by operators who receive, record or validate alarm signals to the Police Department or Fire Department when appropriate.

DIRECT CONNECTION – Any alarm device which transmits a signal or impulse over a leased telephone line to the alarm indicator panel at police headquarters.

FALSE ALARM – Any signal actuated by a police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices which is not the result of natural disaster, act of God, a criminal act, fire or other emergency, resulting in police, fire or other emergency services response. The term “false alarm” shall include human error and equipment malfunction causing the alarm to be activated and which results in an emergency response.

LICENSING AUTHORITY – The Village Clerk of the Village of Florida.

PUBLIC NUISANCE – Anything which annoys, injures or endangers the comfort, repose, health or safety of a considerable number of persons of any community or neighborhood.

SMOKE AND/OR HEAT DETECTOR – Any device which, when activated by fire or smoke or other emergency, is designed to alert only the occupants of the building in which the smoke and/or heat detectors are installed of said emergency.

• xx-2 Automatic telephone devices.

It shall be a violation of this chapter for any automatic dial alarm to be directly connected to the emergency telephone line of the Police Department. Any such automatic dial alarm may be connected to a central alarm station or other answering service for notification to the appropriate service. Existing systems in violation of this section shall have 90 days from the effective date of this chapter to convert or make the necessary changes in compliance thereof.

• xx-3. Direct connections.

It shall be a violation of this chapter for any police, fire or medical emergency alarm device to be connected to the Police Department. Any such police, fire or medical emergency device may be connected to a central alarm station or other answering service for notification to the appropriate service.

• xx-4. Test device required.

All alarm systems shall be equipped with a device which will give an indication, prior to alarm system activation, which warns the alarm user of an open circuit.

• xx-5. Automatic cutoff system required.

No person shall install, cause to be installed, maintain or cause to be maintained in a structure, building or establishment in the Village of Florida, an external audible police, fire or medical emergency alarm device which does not also contain an automatic cutoff system or feature automatically cutting off the source of power to the alarm sounding device after it has sounded for a period of no longer than 15 minutes.

• xx-6. Control of public nuisance.

1. Upon receiving complaints, regarding a continuous, uninterrupted or continuously recurring signal, the Police Department shall endeavor to contact the alarm user, or those persons designated by the alarm user or contacts, in an effort to abate the nuisance. In the event that the Police Department is unable to contact the alarm user, or those designated as contacts, or if the aforesaid persons cannot or will not curtail the audible signal being emitted by the alarm system, and if the Police Department is otherwise unable to abate the nuisance, the Police Department may direct a police officer, fire fighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance.

1. After an entry upon the property has been made in accordance with this section, the Police Department shall have the property secured, if necessary. The reasonable costs and expenses of abating a nuisance in accordance with this section may be assessed to the alarm user.

• xx-7. Contact system required.

It shall be the obligation of any alarm permit holder to provide the Police Department and/or licensing agency with a minimum of two persons to be contacted with the authority to enter the permit holder’s premises for the purpose of securing and restoring said alarm system, when necessary.

• xx-8. Licenses and permits; fees.

1. It shall be unlawful for any person, business, firm, corporation or other commercial entity to operate, maintain, install, lease or sell an alarm device or devices or system of alarm devices, as defined by the terms of this chapter, without first obtaining a license as required by Article 6-D, “Business of Installing Security or Fire Alarm Systems” of the General Business Law.

1. Any property owner or lessee of property in the Village of Florida 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 on a form to be supplied by the licensing authority for a permit to own or to otherwise have such a device on his or its premises. The application shall contain provision relating to the device or system of devices installed or to be installed on the premises. Applications for permits for police alarm devices existing in premises on the effective date of this chapter must be made to the licensing authority by such date as shall be fixed by resolution of the Village Board. No such devices may be installed on the premises of the owner or lessee after the effective date of this chapter 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.

1. License fees shall be fixed from time to time by resolution of the Village Board.

• xx-9. Alarm permit applications.

All applications for alarm permits shall be submitted to the licensing authority on a form to be supplied by the licensing authority. Said application shall include a description of the police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices installed, maintained or to be installed and such other information as shall be required by the licensing authority.

• xx-10. Authorization to enter premises.

All permit holders of holdup, panic, medic alert, smoke and fire alarm devices shall be required to provide written authorization to the Police Department to forcibly enter the premises for the purpose of verifying the validity of the emergency condition.

• xx-11. Alarm permit fees.

The fee for an alarm permit shall be as adopted by the Village Board of Trustees by resolution. Such amount may be increased by resolution of the Village Board from time to time.

• xx-12. Installation and maintenance.

Under no circumstances shall the cost of any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices, and the maintenance of the same, be charged to the Village of Florida, the Village of Florida Police Department, Town of Warwick Police Department or the Fire Department. The owner or lessee of such police, fire or medical emergency alarm devices shall be solely responsible for the service of his or her police, fire or medical emergency alarm devices and/or correcting any malfunction of the same that may occur.

• xx-13. False alarms.

1. The Chief of Police of the Village of Florida shall cause to be kept an up-to-date and accurate log of all false intrusion alarms and the Chiefs of the various fire districts servicing the Village of Florida shall cause to be kept an up-to-date and accurate log of all false fire alarms and the Captains of the various ambulance corps shall cause to be kept an up-to-date and accurate log of all false medical alert alarms. These logs shall be transmitted to the licensing authority on a quarterly basis or, at the Chiefs’ discretion, on a more frequent basis. Any owner or lessee of property having a police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices on his premises shall pay to the licensing authority, upon demand, a charge for each and every false alarm occurring on his premises in any alarm permit year as follows:

1. Any failure by such owner or lessee to pay the aforementioned charges within 30 days of the demand therefor shall be deemed a violation of this chapter in accordance with the provisions of § xx-19 of this chapter.

1. In addition to the above charges, should more than six false alarms occur at any one premises during any one alarm permit year, the Board of Trustees of the Village of Florida, following a hearing at which such owner or lessee may be present and present evidence, may revoke the alarm permit of the owner or lessee of such premises and order said owner or lessee to disconnect or dismantle or otherwise remove from the Police Department or Fire Department and/or central alarm station any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices causing such false alarms, at no expense to the Village, and any failure by such owner or lessee to comply with said order within 10 days of its issuance shall be deemed to be a violation of this chapter pursuant to the provisions of § xx-19 of this chapter. The designation of a false fire alarm will be determined by the Fire Department and reported to the Police Department.

1. All penalties for false fire alarm charges shall be collected by the licensing authority, which shall thereafter transfer 75% of the amount of such collected charges to the Florida Fire District

19. Intentional false alarm. 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 set forth in § xx-19.

• xx-14. Powers of licensing authority.

The licensing authority is hereby authorized to grant revocable alarm permits, pursuant to rules and regulations promulgated by the Village of Florida or its duly authorized representative.

• xx-15. Collection of fees and charges.

All police, fire and medical emergency alarm permit fees and false alarm charges shall be collected by the licensing authority.

• xx-16. Duties of licensing authority.

It shall be the duty of the licensing authority to maintain a record of alarm permits issued and to make a monthly report of the same to the Chief of Police.

• xx-17. Implementation.

In order to implement the orderly institution of all the requirements of this chapter, the owners or lessees of any police, fire or medical emergency alarm device, devices or system of police, fire or medical emergency alarm devices currently in use and required under the provisions of this chapter to obtain an alarm permit shall obtain said alarm permit no later than 120 days from the effective date of this chapter.  Any police, fire or medical emergency alarm devices currently in use, which would be prohibited under the provisions of this chapter, must be removed no later than 120 days from the effective date of this chapter.

• xx-18. Exceptions.

1. None of the provisions of this chapter shall apply to police, fire or medical emergency alarm devices installed in Village- or Town-owned buildings, motor vehicles or trailers or to smoke and/or heat detectors.

1. The Village of Florida shall take every reasonable precaution that alarm signals received by the Village are given appropriate and immediate attention. Nevertheless, the Village shall not be liable for any defects in operation of any police, fire or medical emergency alarm devices, for any failure to respond appropriately on any alarm signal or for the transmission of alarm signals or messages or the relaying of such signals or messages. In the event that the Village orders the disconnection or removal of a police, fire or medical emergency alarm device or system of police, fire or medical emergency alarm devices pursuant to the provisions of § xx-14of this chapter, the Village shall incur no liability therefrom.

• xx-19. Penalties for offenses.

Except as otherwise provided for herein, any person, business, firm, corporation or other entity who does not pay any fee or charge established in this chapter or who violates any provisions of this chapter shall be subject to a fine not in excess of $250 or imprisonment for up to 15 days, or both, for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed.

Section 3.       Legal Authority

This local law is adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments.

Section 4.       Severability

If any clause, sentence, phrase, paragraph or any part of this local law shall for any reason be adjudged by a Court of competent jurisdiction to be invalid, such judgment shall not effect, impair or invalidate the remainder of this local law, but shall be confined in its operation and effect to the clause, sentence phrase, paragraph or any part thereof, directly involved in the controversy in which said judgment shall have been rendered.

Section 5.       Effective Date.

This local law shall become effective upon the filing with the office of the Secretary of State.