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HomeMy WebLinkAboutORDINANCE - 1884 - 4/28/1987 - ALARM SYSTEMS/AMENDEDNO. 1884 AN ORDINANCE AMENDING ARTICLE LI - ALARM SYSTEMS - OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, an Illinois home rule municipality, Counties of Cook and DuPage, Illinois as follows: Section 1: That Paragraph A. LICENSE REQUIRED of Section 18.5102 be and the same is hereby amended to read as follows: A. LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to lease, use, own an alarm system or be in control of premises wherein an alarm system is operated or maintained without first having obtained a license therefor from the Village of Elk Grove Village. The fee for an Alarm Users License shall be based upon the number of false alarms received the previous calendar year from January 1 through October 31 and shall be as follows: Number of False Alarms 0 - 5 6 - 10 11 - 15 16 - 20 Over 20 false alarms Alarm Users License Fee $ 25.00 $ 75.00 $100.00 $150.00 $200.00 Occupants in single family or multi -family residen- tial units who own or control alarm systems shall not bee deemed to be alarm users for the purpose of this Article and shall be exempt from the provisions hereof. Section 2: That Paragraph B. of Section 18.5102 APPLICATION FOR LICENSE is hereby amended by adding thereto the following: B. Incomplete applications will be returned to the alarm user. No license shall be issued until a completed application is received. Section 3: That Section 18.5104 Term of License.) is hereby amended by adding thereto the following: 18.5104 Alarm users who have undergone revocation proceedings the previous year shall be issued licenses subject to conditions under "Revocation Proceedings" contained within this Ordinance. Section 4: That Paragraph A. of Section 18.5109 of the Municipal Code is hereby amended to read as follows: A. Any alarm systems which has more than four (4) false alarms within a licensed year shall subject the alarm user licensee to additional charges as follows: 5th - 10th False Alarm $ 50.00 per False Alarm 11th - 15th False Alarm $100.00 per False Alarm 16th - 2th False Alarm $125.00 per False Alarm Over 20 False Alarms $150.00 per False Alarm The above charges shall be paid to the Village within thirty (30) days from the invoice date requesting said additional charges. Section 5: That Paragraph C. 2. of Section 18.5109 be and the same is hereby amended to read as follows: 2. If the Police Department records show ten (10) or more false alarms within a licensed year for any alarm system; i. The Chief of Police or his designated agent shall notify the alarm user and the alarm business providing service or inspection to the user by certified mail of such fact, and that the Alarm Users License shall be revoked twenty (20) days from receipt of such notice by user. Upon receipt of notice, the user shall have fifteen (15) days to submit a written report to the Department describing actions taken or to be taken to discover and eliminate the cause of the false alarms, and request to purchase a revoked users license for the remainder of the calendar year. ii. If the alarm user submits a report requesting approval for purchase of a revoked users license, the Chief of Police shall determine -2- if the action taken or to be taken will substantially reduce the likelihood of false alarms; if he determines that the action will substantially reduce the likeli- hood of false alarms, he shall notify the alarm user, via certified mail, that his request for a revoked users license has been approved. The revoked users license shall be purchased within ten (10) days of receipt of written notice of approval. Failure to purchase the revoked users license within ten (10) days shall result in revocation of alarm user's license without further consideration. iii. If no report requesting approval of a revoked users license is submitted, or if the Chief of Police determines that the action taken or to be taken will not substantially reduce the likelihood of false alarms and the request for purchase of a revoked users license is denied, the Chief shall give notice by certified mail to the user that the license will be revoked without further notice, if the user does not file within ten (10) days of receipt of such notice a written request for a hearing. iv. If a hearing is requested, written notice of they time and place of the hearing shall be served on the 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 than twenty-one (21) nor less than ten (10) days after the filing of the request for the hearing. V. The hearing shall be before a False Alarm Hearing Board established by the President and Board of Trustees of the Village, 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. If the Hearing Board determines that ten (10) or more false alarms have occurred, and that the user has not taken action which substantially reduces the likelihood -3- of false alarms, the Hearing Board shall issue written findings to that effect and an order denying application for a revoked users license. If the Hearing Board determines that ten (10) or more false alarms have occurred, and that the user has taken action which substantially reduces the likelihood of false alarms, the Hearing Board shall issue written findings to that effect and an order approving issuance of a revoked users license, such license to be purchased within ten (10) days of approval by the False Alarm Hearing Board. Failure to purchase a revoked users license within ten (10) days of approval shall result in revocation of alarm users license without further consideration. vi. The fee for a revoked users license shall be Two Hundred Fifty ($250.00) Dollars, which shall be issued for the remainder of the regular licensing year. The Chief of Police may impose reasonable restrictions and conditions upon the users, which restric- tions and conditions shall be written on the license. In addition to the license fee, the holder of a revoked user's license shall be assessed additional charges for each false alarm which occurs during the remainder of the calendar year as outlined under Additional Charges, and user shall be responsible for paying same according to the provisions of this Article. vii. Should the Chief of Police or his designated agent determine that due to the complexity of the user's business or the complexity of the user's alarm system, that continued false alarms may occur and that such future alarms may not be the result of any substantial negligence or disregard on the part of the user, the Chief may permit the user to retain his license without processing a revocation thereof. In that event, the user shall be assessed additional charges for false alarms that occur during the remainder of the calendar year as outlined under Additional Charges, and the user shall be responsible for paying same according to the provisions of this Article. -4- viii. Any alarm user whose license has been revoked and who does not apply for and receive a revoked user's license shall not be entitled to Police Department response to any alarm on the licensed premises. In addition, the alarm user whose license has been revoked and who does not apply for and receive a revoked user's license shall be assessed a fine in the amount of Two Hundred Fifty ($250.00) Dollars for each notice to the police department of an activation of a burglar alarm system on the unlicensed premise. Section 6: ix. Any alarm user whose license has been revoked and who does not apply for and receive a revoked user's license shall not be issued an alarm user's license for subsequent calendar years. The former alarm user may, on or after January 1st of the next subsequent calendar year after revocation, submit via certified mail a written request for a hearing by the False Alarm Hearing Board, the purpose of which is to present written and oral evidence for issuance of a revoked users license. Such request shall be conducted as outlined under License Revocation. If revocation is upheld, the revoked user shall not be entitled to police department responses to any alarm on the premise for the duration of the user's occupancy of the premise. If a revoked user's license is approved, the holder of the revoked user's license shall be responsible for and subject to all provisions of this Article. Any person, firm or corporation convicted of a violation of any of the provisions of this Article shall be fined not less than Twenty-five ($25.00) Dollars nor more than Five Hundred ($500.00) Dollars for each offense and each day such violation continues shall be considered a separate offense. -5- Section 7: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Michael A. Tosto Chain= pro tem ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 28th day of April , 1987. APPROVED this 28th day of April , 1987. PUBLISHED this 29th day of April 1987, in pamphlet form.