New York Prohibition On The Sale Or Installation Of Audible Burglar Alarms For Motor Vehicles.
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* § 10-137. Prohibition on the sale or installation of audible burglar
alarms for motor vehicles. a. Definitions. For the purposes of this
section:
(1) "audible burglar alarm for a motor vehicle" shall mean any sound
signal device designed and intended to produce an audible response upon
unauthorized entry into a motor vehicle.
(2) "dealer" shall mean a person selling or leasing and distributing
motor vehicles primarily to purchasers that in good faith purchase the
vehicles other than for resale.
(3) "manufacturer" shall mean any person manufacturing or assembling
motor vehicles.
(4) "motor vehicle" shall mean any device that is propelled by an
engine in or upon which a person or material may be transported on the
ground and which is intended to be operated upon a public highway.
(5) "person" shall mean an individual, partnership, company,
corporation, association, firm, organization or any principal, director,
officer, partner, member or employee thereof.
b. (1) It shall be unlawful for any person to sell or offer or display
for sale or cause any other person to sell or offer or display for sale
an audible burglar alarm for a motor vehicle that:
i. is not capable of automatically terminating its audible response
within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical
contact with such motor vehicle or through the use of an individual
remote activation device that is designed to be used with the audible
burglar alarm system of a particular vehicle which alarm shall be
capable of and shall terminate its audible response within three minutes
of its being activated; or
iii. is set to automatically terminate its audible response more than
three minutes after its being activated.
(2) It shall be unlawful for any person, other than a manufacturer, to
install or cause any person to install an audible burglar alarm for a
motor vehicle that:
i. is not capable of automatically terminating its audible response
within three minutes of its being activated;
ii. is capable of being activated by means other than direct physical
contact with such motor vehicle or through the use of an individual
remote activation device that is designed to be used with the audible
burglar alarm system of a particular vehicle which alarm shall be
capable of and shall terminate its audible response within three minutes
of its being activated; or
iii. after completion of installation, is not set to automatically
terminate its audible response within three minutes of its being
activated.
(3) It shall be unlawful for any person to sell, offer or display for
sale, or install or cause any other person to sell, offer or display for
sale, or install any component that when added to an audible burglar
alarm for a motor vehicle would cause such alarm to not meet the
requirements of subdivision d of section 24-221 of this code.
c. (1) Notwithstanding the provisions of subdivision b of this
section, any dealer or any person who prior to the effective date of
this section installed an audible burglar alarm for a motor vehicle that
does not comply with subdivision b of this section and who, at the time
the audible burglar alarm for a motor vehicle was installed, provided a
warranty for the replacement or repair of such alarm that commenced upon
the installation of such alarm, shall be authorized to replace or repair
such alarm in accordance with the terms of such warranty.
(2) Any dealer or any person to which the provisions of paragraph one
of this subdivision apply shall maintain a record of all repairs and
replacements of such audible burglar alarm for a motor vehicle performed
in accordance with the terms of a warranty. Such records shall include
the effective date and expiration date of the warranty, the date on
which such repair or replacement was performed and such other
information as the police commissioner may require by rule. These
records shall be retained for a period of seven years, or such longer
period as the police commissioner may establish by rule.
d. (1) Any person who violates subdivision b of this section shall be
liable for a civil penalty of not less than five hundred dollars nor
more than one thousand dollars for the first violation, not less than
one thousand dollars nor more than two thousand five hundred dollars for
the second violation and not less than two thousand five hundred dollars
nor more than five thousand dollars for the third and each subsequent
violation.
(2) Each sale, offer or display for sale, or installation of an
audible burglar alarm for a motor vehicle made or caused to be made in
violation of subdivision b of this section shall be deemed a separate
violation and a separate civil penalty shall be imposed for each such
violation.
e. The provisions of this section shall be enforced by the police
department and the department of consumer affairs.
f. A proceeding to recover any civil penalty pursuant to this section
shall be commenced by the service of a notice of hearing that shall be
returnable to the administrative tribunal of the department of consumer
affairs.
* NB There are 2 § 10-137's