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HomeMy WebLinkAboutORDINANCE - 2795 - 11/15/2000 - ALARM SYSTEMSORDINANCE NO. 2795 AN ORDINANCE AMENDING CHAPTER 19 ALARM SYSTEMS OF TITLE 3 OF THE VILLAGE CODE IN ITS ENTIRETY THEREBY ESTABLISHING NEW REGULATIONS FOR ALARM SYSTEMS IN THE INDUSTRIAL, COMMERCIAL AND RESIDENTIAL DISTRICTS OF THE VILLAGE WHEREAS, the Village of Elk Grove Village, in 1982, adopted an Alarm Systems Ordinance regulating the installation and operation of alarm systems in the industrial and commercial areas of the Village; and WHEREAS, said Ordinance was enacted primarily as a result of the increased volume of false alarms experienced in the industrial park and the extensive depletion of the police personnel as a result of being dispatched to said false alarms; and WHEREAS, recently, the Police Department has experienced a significant increase in the number of false alarms existing in residential areas of the Village; and WHEREAS, from a review of the existing Ordinance, it was determined that it would be in the best interest of the Village to update and amend various sections of said Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage Illinois as follows: Section 1: That Chapter 19 Alarm Systems be and the same is hereby amended in its entirety substituting therefore a new Chapter 19, which Chapter shall read as set forth on Exhibit A attached hereto and incorporated herein. Section 2: That Section 3-1-6 of the Village Code pertaining to license fees be amended to incorporate the fees for alarm system licensees as set forth in Exhibit A attached hereto. Section 3: That any person, firm or corporation violating any of the provisions of this Ordinance shall be subject of a fine of not less than $25.00 nor more than $500.00 for each offense. Section 4: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication provided that the effective date for enforcement of the provisions of this Ordinance shall be January 1, 2001 for commercial and industrial alarm users and July 1, 2001 for residential alarm users. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 15th day of November ,2000. APPROVED this 15th day of November ,2000. APPROVED: Craig B. Johnson Mayor ATTEST: Ann I. Walsh Village Clerk Published this 17th day of November 2000 in Pamphlet Form. Ordalarm.doc EXHIBIT A Chapter 19 ALARM SYSTEMS SECTION: 3-19-1: DEFINITIONS 3-19-2: LICENSE REQUIRED 3-19-3: APPLICATION FOR ALARM LICENSE 3-19-4: LICENSE FEE 3-19-5: ISSUANCE OF LICENSE 3-19-6: TERM OF LICENSE 3-19-7: LICENSE TO BE POSTED 3-19-8: DUTIES OF THE ALARM USER 3-19-9: DUTIES OF THE ALARM ORDINANCE CONTROL CLERK 3-19-10: FINES 3-19-11: REVOCATION PROCESS 3-19-12: REINSTATMENT 3-19-13: GRACE PERIOD 3-19-14: AUTOMATIC DIALING TELEPHONE ALARMS PROHIBITED 3-19-15: CONFIDENTIALITY 3-19-16: GOVERNMENT IMMUNITY 3-19-17: PENALTIES PURPOSE: The purpose of this ordinance is to encourage Alarm Users and Alarm Companies to properly use and maintain the operational effectiveness and proper utilization of Alarm Systems and to reduce or eliminate False Alarms which may unduly divert law enforcement from responding to criminal activity. This ordinance governs systems intended to summon law enforcement response, and requires registration, establishes fees, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension or loss of registration. 3-19-1: DEFINITIONS: For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: ALARM COMPANY: means the business by an individual, partnership, corporation, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an Alarm System in an Alarm Site, ALARM DISPATCH REQUEST: means a notification to a law enforcement agency that an alarm, either manual or automatic has been activated at a particular Alarm Site. ALARM LICENSE: means permit granted by the Village to an Alarm User for an Alarm System to be operated, maintained and located at an Alarm Site. ALARM SITE: means a single fixed premise or location served by an Alarm System or systems. Each tenancy, if served by a separate Alarm System in a multi -tenant building or complex shall be considered a separate Alarm Site. ALARM SYSTEM: means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of any actual or attempted burglary or robbery to which the police are expected to respond. ALARM USER: means any Person, firm partnership, corporation, association, organization, or other entity who (which) uses or is in control of a premise where an Alarm System is located, operated and maintained. AUTOMATIC DIALING TELEPHONE ALARM: means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, directly to a law enforcement agency or public emergency communication/dispatch center. CHIEF OF POLICE: means the Village of Elk Grove Village Chief of Police or his designee. FALSE ALARM: means activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the Alarm User or Alarm User's employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual or attempted burglary or robbery exists. Severe weather, power outages, transmission line malfunctions, acts of God, malicious acts of persons not under the control of the Alarm User, or any other cause clearly beyond the control of the Alarm User will be considered in determining if an alarm activation was false and whether or not any occurrence, fine, warning or other punitive action will be taken against the Alarm User as provided for by this ordinance. ORDINANCE CONTROL CLERK: means a Person or Persons designated by the Chief of Police to administer, control and review False Alarm reduction efforts. PERSON: means a natural individual, corporation, partnership, association, organization or similar entity. TAKEOVER: means the transaction or process by which an Alarm'User takes over control of an existing Alarm System, which was previously controlled by another Alarm User. VILLAGE: means the Village of Elk Grove Village, Illinois. 3-19-2 LICENSE REQUIRED: No Alarm User shall operate, or cause to be operated, an Alarm System at its Alarm Site without a valid Alarm License issued by the Village. A separate Alarm License is required for each Alarm Site, The Village will not respond to any Alarm Site which is not licensed. 3-19-3 APPLICATION FOR ALARM LICENSE: A. The initial annual license fee and completed application form must be submitted to the Village Finance Department within ten (10) days after the alarm installation or alarm 3 takeover. The application shall be forwarded to the Ordinance Control Clerk. B. Upon receipt of a completed application form and proof that the Alarm License fee is paid, the Ordinance Control Clerk shall register the applicant unless the applicant: (1) failed to pay a finelfines that are past due 90 days from the original invoice date. (2) had an Alarm License for the Alarm Site revoked. (3) is in the process of a hearing before the False Alarm Hearing Board. C. Incomplete applications will be returned to the applicant. No license shall be issued until a completed application is received. D. An Alarm License cannot be transferred to another Alarm User or Alarm Site. E. It shall be unlawful for any Alarm User to fail or refuse to amend its Alarm System license application within ten (10) days after any of the information required and contained therein is or becomes outdated and inaccurate. F. All fees and collections owed by an Alarm User must be paid before a license may be issued or renewed. G. Any applications not accepted pursuant to C and F of this Section will be returned to the applicant. 3-19-4 LICENSE FEE: The fee for an Alarm User's license shall be as provided in Section 3-1-6 of this Title. FALSE ALARM TOTAL BUSINESS LICENSE FEE FALSE ALARM TOTAL RESIDENTIAL LICENSE FEE 0-4 $25.00 0-3 -0- 5-10 $75.00 4&5 $25.00 11-15 1 $100.00 1 8-10 $75.00 16-20 $150.00 11-15 $100.00 OVER 20 $200.00 16-20 $150.00 OVER 20 $200.00 No refund of a license or license renewal fee will be made. 3-19-5 ISSUANCE OF LICENSE: The Police Department shall issue licenses for Alarm Users within fifteen (15) days after completed applications are filed. 3-19-6 TERM OF LICENSE: All licenses shall commence on January 1 and expire on December 31 of each year. When an applicant of a new business, Alarm User, alarm site or activity requires a license after the expiration of six (6) months (July 1) of the current license year, the license fee shall be fifty percent (50%) of the annual fee as set forth in Section 3-19-4 of this Chapter. 3-19-7 LICENSE TO BE POSTED: No Alarm System shall be installed or maintained unless the Alarm User of such Alarm System shall post or cause to be posted at or near the location where such Alarm System can be deactivated a notice containing the name, address, and telephone number of the person or entity responsible for the maintenance and repair of such Alarm System or entity. 3-19-8 DUTIES OF THE ALARM USER A. An Alarm User shall: (I) maintain the premises and the Alarm System in a manner that will eliminate or minimize False Alarms, and (2)make every reasonable effort to respond or cause a representative to respond to the Alarm System's location within 30 minutes when notified by the municipality to deactivate a malfunctioning Alarm System, to provide access to the premises, or to provide alternative security for the premises, and (3)not manually activate an alarm for any reason other than an occurrence of an event that the Alarm System was intended to report. (4) shall not use Automatic Voice Dialers. (5) train all authorized personnel on the operation of the system so as to not cause, through human error any false alarm transmission. E B. It shall be unlawful for the Alarm User to cause or permit Alarm System for which an Alarm License has been issued pursuant to this Chapter to permit or cause such Alarm System to sound in excess of one hour. 3-19-9 DUTIES OF THE ALARM ORDINANCE CONTROL CLERK A. The Alarm Ordinance Control Clerk will notify the Alarm User of a False Alarm. The notice shall include the following information: (I) the date and time of law enforcement response to the False Alarm; (2) each instance wherein the police have recorded a false alarm and in the case of the 3rd, 5s', l Os', 15th and 20'h recorded false alarms in any one licensed year, shall further notify the licensee that further false alarms will result in the imposition of additional charges as set forth herein. (3) a statement urging the Alarm User to ensure that the Alarm System is properly operated, inspected, and serviced in order to avoid False Alarms and resulting fines and that all authorized personnel are properly trained in its operation. B. If there is reason to believe that an Alarm System is not being used or maintained in a manner that ensures proper operation and suppresses False Alarms, the Ordinance Control Clerk may require a conference with an Alarm User and the Alarm Company responsible for the repair of the Alarm System to review the circumstances of each False Alarm. 3-19-10 FINES A. Additional Charges: Any Alarm Site which has more than three (3) false alarms within a licensed year shall subject the Alarm User licensee to additional charges as follows: NUMBER OF FALSE ALARMS PER LICENSED YEAR FINES PER FALSE ALARM 1 thru 3 -0- 4rn and 5 $50.00 6 thru 10 $100.00 11 thru 15 $150.00 16 thru 20 $200.00 OVER 20 $300.00 The above charges shall be paid to the Village within thirty (30) days from the invoice date requesting said additional charges. B. The Chief of Police may revoke an Alarm Users License for past due fines that exceed 90 days from issue date. C. Each licensee shall have the opportunity within ten (10) days after the receipt of such notice to submit a report to or meet with the Chief of Police or his designated agent for the purpose of showing cause as to whether circumstances exist so as to warrant a voiding of the false alarm recordation. 3-19-11 REVOCATION PROCESS: A. An Alarm User may have their license revoked due to non- payment of alarm fines (Pursuant To: 3-19-1 OB). No police response shall be provided to an Alarm Site whose license has been revoked. B. The Chief of Police shall give notice by certified mail to the Alarm User that their Alarm User's License has been revoked. If, upon receipt of said notice, the Alarm User requests to be reinstated, the Alarm User must satisfy the cause for revocation (pay all past due fines). Should the Chief of Police deny reinstatement, the Alarm User may appeal by requesting a hearing before the Alarm Hearing Board. C. The hearing shall be before a False Alarm Hearing Board established by the Village President and Board of Trustees, and the Chief of Police and the Alarm User shall have the right to present written and oral evidence subject to the right of cross-examination, D. Filing of a request for.appeal shall stay the action by the Chief of Police. If a request for appeal is not made within a twenty -day (20) period, the action of the Chief is final. E. If a hearing is requested, written notice of the time and place of the hearing shall be served upon the Alarm User by the Chief of Police or his designated agent by certified mail at least ten (10) days prior to the date set for the hearing, which date shall not be more then twenty-one (2 1) nor less than ten (10) days after the filing of the request for the hearing. F. The Alarm Review Board shall conduct a formal hearing and consider the evidence. The Board shall make its decision on the basis of a preponderance of the evidence presented at the hearing. The Board must render a written decision within thirty (30) days after the request for an appeal hearing is filed. The Board shall affirm, reverse, or modify the action of the Chief. The decision of the Board is final as to the administrative remedies with the Village. 3-19-12 REINSTATEMENT An Alarm User whose Alarm License has been revoked, may request the Chief of Police to reinstate their Alarm License upon payment or otherwise resolving all past due fines, and shall, in addition, pay a reinstatement fee of $100.00. 3-19-13 GRACE PERIOD Whenever a new Alarm System is installed, the licensee shall be given thirty (30) days from the date of the installation of such Alarm System within which no alarm from the premises shall be deemed to be a false alarm. 3-19-14 AUTOMATIC DIALING TELEPHONE ALARMS PROHIBITED Any automatic dialing telephone alarm installed and operative on the effective date hereof is hereby declared to be a nuisance. No person shall install or cause to be installed or maintain any automatic telephone alarm in the Village. Any such automatic telephone alarm shall be removed by the owner thereof within ten (10) days following the effective date hereof. Automatic telephone alarms not so removed shall be subject to abatement as a nuisance, and shall be deemed a violation of this chapter. 3-19-15 CONFIDENTIALITY Information contained in the Alarm User's application shall be held in confidence by all employees or representatives of the Village and by any third -party administrator or employees of a third -party administrator with access to such information. 3-19-16 GOVERNMENT IMMUNITY Registration of an Alarm System is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification alarm dispatch request is hereby disclaimed and governmental immunity as provided by law is retained. By registering an Alarm System, the Alarm User acknowledges that police response may be based on factors such as: availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions and staffing levels. 3-19-17 PENALTIES: In addition to any fees or fines established herein, any person convicted of a violation of any of the provisions of this Chapter shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and each day such violation continues shall be considered a separate offense 10