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HomeMy WebLinkAboutORDINANCE - 1622 - 2/28/1984 - ALARM SYSTEMS ORDINANCE/AMENDORDINANCE NO. 1622 AN ORDINANCE AMENDING ARTICLE LI - ALARM SYSTEMS ORDINANCE OF CHAPTER 18 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, Counties of Cook and DuPage, Illinois as follows: Section 1: That Article LI, Alarm Systems Ordinance of Chapter 18 of the Municipal Code be and the same is hereby amended to read as follows: ARTICLE LI - ALARM SYSTEMS 18.5101 Definitions.) For purpose of this Article, the words and terms used shall have the following meanings: A. "ALARM BUSINESS" means the business by any individual, partnership, corporation or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility. B. "ALARM SYSTEM" means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of any illegal entry or other activity requiring urgent attention and to which police are expected to respond. C. "ALARM USER" means the person, firm, partnership, association, corporation, company or organization of any kind in control of premises which an alarm system is maintained. D. "AUTOMATIC TELEPHONE ALARM" means a telephone device or telephone attachment which automatically relays a prerecorded message to report a robbery, burglary, or fire emergency by means of a telephone line which terminates upon a central switchboard. E. "FALSE ALARM" means an alarm signal illiciting a response by the Police wherein an emergency situation does not, in fact exist, but does not include an alarm caused by violent conditions of nature, power outages or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. 18.5102 Alarm User License Fee/Application.) 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 User License shall be Twenty-five ($25.00) Dollars per year. Occupants in single family or multi -family residential units who own or control alarm systems shall not be deemed to be alarm users for the purpose of this Ordinance and shall be exempt from the provisions hereof. B. APPLICATION FOR LICENSE: An application for an Alarm User License shall be filed with the Department of Finance and shall contain the following information: 1. Name and address of the applicant. 2. Name and address of the premises where the alarm system is located. 3. A statement listing the names, addresses and telephone numbers of at least three (3) persons responsible for the premises where the alarm system is located and who should be contacted to deactivate the alarm system. 4. A statement listing the name, address and telephone number of the persons, firm or corporation authorized to deactivate the alarm when no person described in (3) can be reached. 5. The name, address and telephone number of the person, firm or corporation which installed the alarm system and of the person, firm or corporation responsible for the maintenance and repair of the alarm system. 18.5103 Issuance of Licenses.) The Department of Finance shall issue a license for alarm users within fifteen (15) days after a completed application is filed. Prior to the issuance of such licenses, the Chief of Police may cause such inspection of the applicant, the premises and the individual alarm systems as is deemed necessary. 18.5104 Term of License.) All licenses shall commence on the first day of January and expire on the 31st day of December of each year. when an applicant requests a license after the expiration of part of the current license year, the license fee shall be prorated by quarters for each quarter or fraction thereof during which the licensed activity will be conducted. -2- 18.5105 Updating Alarm System Application.) It shall be unlawful for any alarm system Licensee 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. 18.5106 Alarm System Posting Requirements.) No alarm system shall be installed or maintained unless the Licensee 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, firm or corporation responsible for the maintenance and repair of such alarm system. 18.5107 Alarm System Deactivation Requirements.) It shall be unlawful for the Licensee to cause or permit an alarm system for which a license has been issued pursuant to this Article to permit or cause such alarm system to sound in excess of one hour. 18.5108 Automatic Telephone Alarm Prohibited.) Any automatic telephone alarm installed and operative on the effective date of this Article, shall be and 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 thirty (30) days following the effective date of this Article. Automatic telephone alarms not so removed shall be subject to abatement as a nuisance. 18.5109 False Alarms/Additional Charges/License Revocations.) A. Any alarm system which has five (5) or more false alarms within a licensed year shall subject the alarm user licensee of said system to an additional charge of Fifty ($50.00) Dollars for each false alarm re- sponse, which charge shall be paid to the Village within thirty (30) days after the response occurs for within the charge is made. B. NOTICE: The Chief of Police or his designated agent shall notify the alarm user, in writing, of each instance wherein the Police have recorded a false alarm, and in the case of the fourth (4th) recorded false alarm, 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. 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 warrant a voiding of the false alarm recordation. The opinion of the Chief of Police or -3- his designated agent as to whether a false alarm occurred shall be final. C. LICENSED REVOCATION: 1. Any alarm system which has ten (10) or more false alarms within a licensed year shall be subject to license revocation as provided herein. 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 direct that the user submit a report to the Department within fifteen (15) days of receipt of the notice describing actions taken or to be taken to discover and eliminate the cause of the false alarms. ii. If the alarm user submits a report as directed, the Chief of Police shall determine if the action taken or to be taken will substantially reduce the likelihood of false alarms, if he determines that the action will sub- stantially reduce the likelihood of false alarms, he shall notify the alarm user, in writing, that his license will not be revoked at that time and that if one more false alarm occurs within the licensed year, the user's license will be revoked. iii. If no report 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, the Chief shall give notice by certified mail to the user that the license will be revoked with- out further notice, if the user does not file within ten (10) days a written request for a hearing. -4- iv. If a hearing is requested, written notice of the 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 of false alarms, the Hearing Board shall issue written findings to that effect and an order revoking the user's license. vi. An alarm user whose license has been revoked may apply for a revoked user's license subject to the terms hereof. The Chief of Police may impose reasonable restrictions and conditions upon the user, before issuing a revoked user's license, which restrictions and condi- tions shall be written on the license. A revoked user's license shall be issued for the remainder of the regular licens- ing year and the fee for such revoked user's license shall be Two Hundred Fifty ($250.00) Dollars. In addition to the license fee, the holder of a revoked user's license shall be assessed as an additional charge of One Hundred ($100.00) Dollars for each false alarm which occurs during the remainder of the license year. vii. Should the Chief of Police or his designated agent determine that due to the nature 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 -9- 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 One Hundred ($100.00) Dollars for each false alarm thereafter, and the user shall be responsible for paying same according to the provisions of this Article. 18.5110 Grace Period for False Alarms.) whenever a new alarm system is installed, the Licensee shall be given sixty (60) 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. 18.5111 Time for Compliance.) Any person, firm or corporation with an existing alarm system shall have thirty (30) days after the effective _ date of this Article to file an application for an alarm system license. 18.5112 Severability Clause.) if any provision or part thereof of this Article is declared invalid and of no further force and effect, the other provisions of this Article shall remain in full force and effect. 18.5113 Penalties.) In addition to any fees or fines established herein, 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. Section 2: That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTES: AYES: _ A NAYS: n_ ABSENT: 0 ATTEST: APPROVED: Charles J. Zettek village President Patricia S. Smith Village Clerk PASSED this 23th day of February 1984. APPROVED this 28th day of February , 1984. PUBLISHED this 7th day of March , 1984. in pamphlet form. -6-