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HomeMy WebLinkAboutG57-94 (2) CITY OF ELGIN ORDINANCE NO. G57-94 AN ORDINANCE PROVIDING FOR THE REGULATION OF POLICE ALARM SYSTEMS ADOPTED BY THE CITY COUNCIL OF THE r CITY OF ELGIN ON THIS 26TH DAY OF OCTOBER, 1994 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 27th day of October, 1994 . STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on October 26, 1994, the Corporate Authorities of such municipality passed and approved Ordinance No. G57-94 , entitled An Ordinance Providing for the Regulation of Police Alarm Systems which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G57-94 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on October 27, 1994, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on October 27, 1994 . Municipal Clerk (SEAL) Ordinance No. G57-94 AN ORDINANCE • PROVIDING FOR THE REGULATION OF POLICE ALARM SYSTEMS WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt an ordinance providing for the regulation of police alarm systems within the City; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function relating to its government and affairs; and WHEREAS, the adoption of an ordinance providing for the regulation of police alarm systems within the City pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: e Section 1 . That Title 6 entitled "Business Licenses and Regulations of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding Chapter 6 . 47 entitled "Police Alarm Systems" to read as follows: "Chapter 6 .47 POLICE ALARM SYSTEMS 6 . 47 . 010 Purpose and Intent. The ordinance codified in this chapter is adopted for the purpose of regulating and permitting alarm systems to which the police are expected to respond. 6 . 47 . 020 Definitions . A. "Alarm company" means the business by any person, firm, partnership, corporation, association, organization, company, 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 in or on any building, structure or rft. facility. B. "Alarm agent" means any person employed by, working for, representing, or subcontracted by an alarm company. C. "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. D. "Alarm user" means a person(s) , firm, partnership, corporation, association, organization, company, or other entity in control of a premise where an alarm system is located. E . "Audible alarm" means an alarm system or device that generates an audible sound. F. "Automatic dialing digital alarm communicator system" means a system in which signals are transmitted from a digital alarm communicator transmitter located at a protected premises through the public switched telephone network to a digital alarm communicator receiver at a central alarm station or the police department alarm monitoring eft system. G. "Automatic dialing telephone alarm" means a device that automatically dials any of the police department emergency communications center telephone lines, without human activation of the device by the alarm user or employee of the alarm user, upon detection of an illegal entry or other illegal activity at a protected premise. H. "Calendar year" means a 12-month period beginning January 1st and ending December 31st every year. I . "Central alarm station" means a system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded at, or maintained and serviced from a place of business having trained alarm operators in attendance at all times . J. "Chief of Police" means the City of Elgin Chief of Police or his designee. K. "City" means the City of Elgin, Illinois . L. "Emergency Communications Director" means the City of Elgin Emergency Communications Director or her designee. 2 tow M. "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 users 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. N. "Notice" means written notice given by personal service upon the addressee, or, given by the United States Postal Office, postage paid, to the addressee' s last known mailing address . O. "Permittee" means any person, firm, partnership, corporation, association, organization, company, or other entity issued an alarm permit by the City. P. "Person" means a natural person, or a firm, partnership, corporation, association, organization, company, or other entity. Q. "Prerecorded telephone message" means any prerecorded voice message transmitted or received over a telephone line. R. "Protected premises" means any building, structure, or facility where an alarm system is installed to signal the occurrence of any actual or attempted burglary or robbery to which the police are expected to respond. 6 .47 . 030 Permit Required. A. It is unlawful for any person, firm, partnership, corporation or other legal entity to use, own or lease an alarm system or to be in control of a premises wherein an alarm system is operated or maintained without having first obtained a permit as provided in this chapter. e B. It is unlawful for any person, firm, partnership, corporation or other legal entity to use, own or lease an alarm system or to be in 3 tew control of a premises wherein an alarm system is operated or maintained when a permit therefore has been revoked. C. A permit must be obtained for each separately addressed operating location. D. No fee shall be charged to obtain an alarm user permit. E. All permits issued are valid indefinitely unless revoked. 6 .47 . 040 Permit Application. A. Each applicant for a permit to maintain an alarm system shall file a written application with the City Finance Department stating: 1 . The full legal name, address, and telephone number of the applicant. 2 . The name, address and telephone number of the premises where the alarm system is located. eft. 3 . The type of alarm system at the protected premises . 4 . A list of three persons, including their addresses and telephone numbers, who can be contacted and will respond to the premises in the event of an emergency or to reset or deactivate the alarm system, or who could contact the alarm user if the alarm user is not at the protected premises . 5 . The names, address and telephone number of the person or company that installed the alarm system. 6 . The name, address and telephone number of the person or company that is responsible for the maintenance and repair of the alarm system, if applicable. B. Incomplete applications shall be returned to the applicant. A permit will not be issued until the completed application is received and approval for the permit has been granted by the Emergency low Communications Director. 4 C. An application for an alarm user permit shall be denied if: 1 . The applicant has failed to pay false alarm fees required by this ordinance for a different protected premises under the applicant ' s ownership or control . 2 . The applicant has failed to comply with any provisions of this ordinance or other ordinances of the City. D. The City' s Finance Department shall be responsible for processing and issuing alarm user permits . 6 .47 . 050 Alarm Activations at a Premises Where an Alarm User Permit Has Not Been Issued. Any alarm user who does not have a valid alarm user permit will be assessed a fine in the amount of $300 for each notice to the Police Department of an activation of a burglar or robbery alarm system at the protected premises . eft. 6 . 47 . 060 Updating Alarm User Application. It is unlawful for any alarm user to fail or refuse to amend its alarm user permit application within 14 days after any of the information required and contained therein becomes outdated or inaccurate. 6 . 47 . 070 Transfer of Alarm User Permit Prohibited. All alarm user permit cannot be transferred to another premises or to another person. 6 . 47 . 080 Audible Alarm System Requirements . All alarm system that emits an audible signal that may be heard by persons outside the protected building, structure or facility shall conform to the following requirements : A. No audible alarm system shall create a sound similar to that of the City' s Civil Defense Warning System. B. Audible alarm systems shall automatically discontinue emitting an audible sound within 30 rft. minutes after it is activated. C. With respect to systems in existence prior to the adoption of this ordinance, the owner or 5 operator thereof shall have 30 days from the effective date of this ordinance to effect the necessary modifications to comply with the foregoing requirements . 6 . 47 . 090 Automatic Dialing Telephone Alarm Requirements . A. Any automatic dialing telephone alarm or device installed and operated that dials any City of Elgin telephone line other than the designated Police Department alarm line is prohibited. No person will install, or cause to be installed, or maintain or cause to be maintained, any automatic dialing telephone alarm that dials any City of Elgin telephone line other than the designated Police Department alarm line. Any such automatic dialing telephone alarm or device that dials any City of Elgin telephone line other than the designated police alarm line must be reprogrammed to dial the designated Police Department alarm line removed or deactivated by the owner thereof at the owner' s expense, within thirty ( 30) days following the effective date of this ordinance. B. It is unlawful for any person to allow any automatic alarm, automatic dialing device or automatic alerting device which causes any City telephone line to be dialed, and whose sole purpose is to establish an open telephone line with the specific intent that a conversation between parties not actively speaking into the telephone instrument be heard by the Police Department in order to directly access emergency services based on this overheard conversation, or lack of conversation. 6 . 47 . 100 False Alarms Prohibited. It is unlawful for any person to knowingly activate an alarm system for the purpose of summoning the Police Department except if such person knows or suspects that there is an actual or attempted burglary or robbery on the premises . 6 .47 . 110 False Alarms -- Fines -- Notifications . A. Any alarm user permittee who has more than four false alarms within a calendar year at a single protected location will be assessed fines according to the following fine schedule: eftk 5th - 8th False Alarm $100 Fine per False Alarm 9th - 10th False Alarm $200 Fine per False Alarm More than 10 False Alarms $300 Fine per False Alarm. 6 B. All fines must be paid to the City Finance Department within thirty ( 30) days from the date of the invoice requesting payment of the fine(s) . C. The Emergency Communications Director shall notify the alarm user, in writing, of each instance wherein the Police Department has recorded a false alarm. The alarm user shall have the opportunity within fourteen ( 14) days from the date of mailing or personal delivery to submit a report or meet with the Emergency Communications Director for the purpose of showing cause as to whether circumstances exist to warrant voiding the false alarm recordation. The Emergency Communications Director shall review the alarm user' s report and/or meet with the alarm user and issue a written finding to the alarm user as to whether or not the false alarm record will be voided. The finding of the Emergency Communications Director shall be final . 6 .47 . 110 Permit Revocation A. Any alarmed premises which has ten ( 10) or more false alarms within a calendar year shall subject the alarm user to permit revocation as provided herein. B. If City records show ten ( 10) or more false alarms within a calendar year for any alarmed premises : 1 . The Emergency Communications Director shall notify the alarm user by certified mail or personal delivery, that their alarm permit shall be revoked thirty ( 30) days from date of mailing or personal delivery. The alarm user shall have fourteen ( 14 ) days from the date of mailing or personal delivery to submit a written report to the Emergency Communications Director describing actions taken or to be taken to identify and eliminate the cause of the false alarms, and to request that their Alarm Users Permit be reinstated. 2 . If the alarm user submits a report requesting reinstatement of their Alarm Users Permit, the Emergency Communications Director 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 substantially reduce the likelihood of false alarms, he shall notify the alarm user, via certified mail or personal delivery, that the request to reinstate the Alarm Users Permit has been approved. 7 3 . If the alarm users permit is reinstated, and the Police Department responds to a subsequent • false alarm activation in the same calendar year at the protected premises, the Emergency Communications Director shall proceed with the permit revocation process again as described in this Section 6 . 47 . 110B. The alarm user shall also be assessed a fine in the amount of $300 for each subsequent false alarm through the remainder of the calendar year. 4 . If the Emergency Communications Director determines that the action taken, or to be taken, will not substantially reduce the likelihood of false alarms, the request for reinstatement shall be denied. The Emergency Communications Director shall give notice by certified mail or personal delivery, to the user that the permit will be revoked without further notice. 5. An alarm user whose permit has been revoked by the Emergency Communications Director may, within fourteen ( 14 ) days of receipt of the notice of revocation, appeal this decision by filing a written request for a review meeting with the Chief of Police. eft 6 . If a review meeting with the Chief of Police is requested, written notice of the time and place of the review meeting will be served on the alarm user by the Chief of Police by certified mail or personal delivery within fourteen ( 14 ) days of the request by the alarm user. 7 . The Emergency Communications Director and the alarm user shall have the right to present written and oral evidence, subject to the right of cross examination by both parties. 8 . If the Chief of Police determines that the user has not taken action which substantially reduces the likelihood of false alarms, the Chief of Police shall issue written findings to that effect and an order denying reinstatement of the alarm users permit. 9 . If the Chief of Police determines that the alarm user has taken action which substantially reduces the likelihood of false alarms, the Chief of Police shall issue written findings to that effect and an order approving reinstatement of the alarm rft. users permit. 10. If the alarm user' s permit is reinstated, pursuant to the preceding subparagraph 9, and the 8 Police Department responds to a subsequent false alarm activation in the same calendar year at the protected premises, the Emergency Communications Director shall proceed with the permit revocation process again as described in this Section 6 . 47 . 110B. The alarm user shall also be assessed a fine in the amount of $300 for each subsequent false alarm activation through the remainder of the calendar year. 11 . If the alarm user' s request for reinstatement of their alarm permit has been denied by the Chief of Police, the alarm user may, within fourteen ( 14 ) days of receipt of the notice of revocation, appeal this decision by filing a written request for a review meeting with the City Manager. 12 . If the City Manager determines that the user has not taken action which substantially reduces the likelihood of false alarms, the City Manager shall issue written findings to that effect and an order denying reinstatement of the alarm users permit. The decision of the City Manager shall be final . e""' 13 . If the City Manager determines that the alarm user has taken action which substantially reduces the likelihood of false alarms, the City Manager shall issue written findings to that effect and an order approving reinstatement of the Alarm User' s Permit. 14 . If the alarm user' s permit is reinstated pursuant to the preceding subparagraph 13, and the Police Department responds to a subsequent false alarm activation in the same calendar year at the protected premises, the Emergency Communications Director shall proceed with the permit revocation process again as described in this Section 6 . 47 . 110B. The alarm user shall also be assessed a fine in the amount of $300 for each subsequent false alarm activation through the remainder of the calendar year. C. Any alarm user permittee who fails to pay any fines or charges provided for under this chapter within thirty ( 30) days from the date of the invoice requesting payment of same shall have the subject alarm user permit revoked. Any such alarm user permit shall not be reinstated until all the unpaid fines and fees are paid in full . 9 emw 6 .47 . 120 Testing Equipment. No person shall conduct or cause to be conducted, any test or demonstration of any alarm system or signalling device that is directly connected with the Police Department Emergency Communications Center without first obtaining permission from the Police Department Emergency Communications Center personnel . Permission to test shall not be required when the alarm system or signalling device is connected to an intermediary receiver and is not relayed to the Police Department Emergency Communications Center. 6 . 47 . 130 No Liability of City. The City assumes no liability for any defects in the operation of any alarm system or signal line system, for any failure or neglect of any person associated with the installation, operation or maintenance of any alarm system, for any failure or neglect of any alarm user, for the transmission or receipt of alarm signals or any failure or neglect to respond upon receipt of an alarm from any source. In the event that the City finds it few necessary to revoke an alarm user permit or to otherwise provide for the disconnection of any alarm system, the City shall have no liability for such action. No special duty other than that owed to the general public shall be created by virtue of this ordinance or by virtue of the issuance of an alarm system permit, the direct connection of an alarm system with the Police Department or as a result of the transmission to or receipt of alarm signals by the Police Department. 6 .47 . 140 Severability. If any provision, clause, sentence, paragraph, section, or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter in the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to few be the legislative intent of the City Council that this chapter would have been adopted had such unconstitutional or invalid provisions, clause, 10 elk sentence, paragraph, section or part thereof not been included. 6 .47 . 150 Penalty for Violation. Any person, firm or corporation violating any provisions of this chapter, in addition to the fees and specific fines established herein, shall be fined as provided in Chapter 1 .20 of this code. Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense. " Section 2 . That Section 2 .52 . 180 of the Elgin Municipal Code, 1976 , as amended, be and is hereby repealed. Section 3 . That Section 16 .40 . 240 of the Elgin Municipal Code, 1976, as amended, by and is hereby repealed. Section 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect as of January 1, 1995 . 7 eik J j f , ,L7C7: 46,,.._, ,I4oe4e7.., Geo,r e VanDeVoorde, Mayor Presented: October 26 , 1994 Passed: October 26, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 27, 1994 Published: October 27, 1994 Attest: ;: i'614-- 1 AU'_,Cci rl Do onna Mecum, City Clerk 11