43.01 PURPOSE

43.02 DEFINITIONS

43.03 REGISTRATION

43.04 AUTOMATIC VOICE DIALER ALARMS - PROHIBITED

43.05 DUTIES OF AN ALARM USER

43.06 DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY

43.07 FALSE ALARM

43.08 SHUTOFF OF LOCAL ALARMS

43.09 PENALTY FOR VIOLATION

43.01 PURPOSE

The purpose of this ordinance is to establish the registration of alarm systems within the Village; to encourage alarm users to properly use and maintain the operational effectiveness of an alarm system, to provide for the identification and repair of defective alarm systems, to establish a fee schedule in order to defray the cost of responding to false alarms; to provide for a penalty for the violation of this Ordinance; and to thereby reduce or eliminate false alarms which might otherwise divert Public Safety Officers from attending to other responsibilities. {Ord. 310; 12-18-02}

43.02 DEFINITIONS

For the purpose of this ordinance, the following definitions shall apply.

Alarm Registration means a current record of the alarm system user, to include owner, property site, responsible parties able to respond to deactivate the alarm system, among others.

Alarm System means a device or series of devices, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summons Public Safety services.

Automatic Voice Dialer means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line or other means directly to any telephone number assigned to the Department of Public Safety or its dispatching agency.

False Alarm means the activation of an alarm system for reasons other than the presence of a hazard requiring urgent attention and response by the Department of Public Safety, whether through mechanical failure, malfunction, improper installation or the negligence of the owner, tenant or occupant of an alarm system or a firm's employee, agent or otherwise. The term "false alarm" does not include an alarm activated by:

1. Storms, earthquakes or other violent conditions beyond the control of the owners, tenants or occupants.
2. Persons working on an alarm with prior notification to the Department of Public Safety.
3. Disruption or disturbance of telephone, electrical or other electronic utilities.

Local Alarm means an alarm system that employs audible signals designed to alert persons outside the premises in which the alarm system is located. {Ord. 310; 12-18-02}

43.03 REGISTRATION

No alarm user shall operate or cause to be operated an alarm system without first having a valid alarm registration on file with the Department of Public Safety. A separate registration is required for each residential or commercial site. Employees of the Department of Public Safety shall hold information contained on the alarm registration in confidence. Each alarm registration will include the following information:

1. The complete name, address and contact telephone numbers of the person who will be the registration holder and responsible for the proper maintenance of the alarm system and payment of any fees assessed under this ordinance.

2. The complete name and telephone numbers of at least two individuals who have agreed to receive notification of an alarm activation and are able to respond to the alarm site within 30 minutes, and upon request can grant access to the alarm site to deactivate the alarm system as necessary.

3. Mailing address and telephone numbers if different from the alarm site.

4. Classification of the alarm site, be it residential, commercial or public.

5. Type of business conducted at any non-residential site.

6. Type of alarm signals capable of being generated (burglar, fire, panic, medical, etc.)

7. Any premise conditions that could pose a danger to responders.

8. There will be a one-time registration fee established by Village Council for each alarm site; an update of an existing alarm registration will be allowed at no additional fee.

9. Alarm registrations are not transferable; new owners or tenants must register that alarm system as a new alarm site upon taking occupancy.

Employees of the Department of Public Safety shall hold as confidential all information contained on the alarm registration.

The Department of Public Safety shall provide all alarm system registrants with a copy of this Chapter along with the registration form. Receipt of the provision by the registrant shall constitute notice to the registrant of the obligation and liabilities under this Chapter.

The registration form shall contain a statement, signed by the alarm user who is registering the system, that the registrants have read the copy of this Chapter provided and are signing the registration with full knowledge and understanding of the provisions of this Chapter, and that if applicable, they consent to the Department of Public Safety disabling or disconnecting a local alarm under the circumstances described by a defective alarm in this Chapter. {Ord. 310; 12-18-02}

43.04 AUTOMATIC VOICE DIALER ALARMS - PROHIBITED

No person shall sell, install, operate, adjust, arrange for, or contract to provide a device or combination of devices that will upon activation, either mechanically, electronically, or by other means, imitate the automatic calling, dialing or connection to any telephone number assigned to the Public Safety Department or its dispatching agency. {Ord. 310; 12-18-02}

43.05 DUTIES OF AN ALARM USER

1. The alarm user shall maintain the premises and the alarm system in a manner that will minimize false alarms.

2. The alarm user shall, upon request of the Public Safety Department, make every reasonable effort to respond to or cause a representative to respond to the alarm site to provide access, to deactivate the alarm or provide for alternative security for the alarm site.

3. The alarm user shall have the alarm system adjusted so that any audible signal will not sound for longer than 15 minutes.

4. The alarm user shall not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.

5. The alarm user shall notify the Department of Public Safety immediately of any changes to the information provided to the department in the alarm system registration. {Ord. 310; 12-18-02}

43.06 DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY

1. The Department of Public Safety shall designate a telephone number at which alarm calls will be received.

2. The Department of Public Safety shall establish a procedure to accept the cancellation of any alarm condition.

3. The Department of Public Safety shall establish a procedure to record information on alarm response requests necessary for the department to maintain records.

4. The Department of Public Safety shall notify the alarm user/occupant of each instance where the department responds to the alarm site after an alarm activation. {Ord. 310; 12-18-02}

43.07 FALSE ALARM

1. FEES. Notwithstanding any penalties provided for in the event of a conviction for a violation of this Chapter, and notwithstanding the fact that a prosecution for a violation of this Chapter has or has not been commenced, the owner or lessee of an alarm system described in this Chapter shall pay to the Village a sum established by Village Council from time to time by resolution for each occasion that a false alarm signal is activated and responded to by the Public Safety Department more than three occurrences each calendar year. The fee shall be paid in order to defray a portion of the cost of responding to false alarms.

2. REPORTING AND BILLING. The Public Safety Department shall monitor the frequency of false alarms on a regular basis during the calendar year and shall furnish a written report thereon to the Village Treasurer, identifying alarm users who have more than three false alarms. The Village Treasurer shall bill such alarm users for charges incurred for false alarms at regular intervals during the year. Failure to pay after receipt to the billing shall cause a special assessment procedure to be initiated against the premises in question.

3. DEFECTIVE ALARMS. An alarm system signaling more than five false alarms within a calendar year is presumed defective. Failure to repair or replace a defective alarm system within 30 days of receipt of notification by the Department of Public Safety shall constitute grounds for revocation of the alarm user's registration. At its option, the department may also demand, upon written notice to the alarm user, that an inspection be made by the alarm system contractor and a report of the inspection be filed with Public Safety Department.

4. NOTICE. Upon responding to a false alarm, the Public Safety Department shall serve the alarm user with a false alarm notice, notifying such user of its determination of the false alarm and the date and time of such response.

5. APPEALS. Appeals shall be executed as follows:

a. An alarm user may appeal a determination of a false alarm within 21 business days of service of a false alarm notice. Failure to appeal within this time shall render the department's determination final.

b. The appeal, directed to the Department of Public Safety, shall contain appropriate documentation of the applicable condition or reason why the determination of false alarm should be set aside.

c. Within ten business days of the receipt of the appeal by the department, the director or his designee shall made a determination on the appeal and shall notify the alarm user of the decision in writing.

d. If the alarm user is not satisfied with the decision of the director, a further written appeal may be filed within ten business days with the Village Manager or his designee.

e. Within ten business days of receipt of the appeal and supporting documentation, the Village Manager or his designee shall review the request, make a determination, and shall notify the alarm user of the decision in writing. {Ord. 310; 12-18-02}

43.08 SHUTOFF OF LOCAL ALARMS

Local alarms shall be equipped with an automatic shutoff device, deactivating audible signals within a reasonable time. Whenever any local alarm continues to emit audible signals, whether continuously or on a regularly repeating basis for over 30 minutes, and persons listed on the registration for the alarm system cannot be contacted by the department, or do not respond within 30 minutes of being contacted, and the audible signals create a nuisance or disturbance of the peace and tranquility of the neighborhood, the alarm user of such alarm shall be guilty of a misdemeanor. In addition, the Department of Public Safety shall be authorized to disconnect or otherwise disable such local alarm by cutting such wires, disconnecting such speakers or disabling such other components of the alarm system as are located on the exterior of the premises. {Ord. 310; 12-18-02}

43.09 PENALTY FOR VIOLATION

Any person violating any provision of this Ordinance shall be guilty of a municipal civil infraction. {Ord. 310; 12-18-02}