G57-94CITY OF ELGIN
ORDINANCE N0, G57 -94
AN ORDINANCE
PROVIDING FOR THE REGULATION OF POLICE ALARM SYSTEMS
ADOPTED BY THE
CITY COUNCIL OF THE
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
COUNTY OF KANE
ss.
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.
rr
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:
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
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
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 lst 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.
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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.
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
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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:
11 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.
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.
S. 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
Communications Director.
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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.
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
minutes after it is activated.
C. With respect to systems in existence prior
to the adoption of this ordinance, the owner or
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operator
thereof shall
have 30
days from the
effective
date of this
ordinance
to effect the
necessary
modifications to
comply with the foregoing
requirements.
Fine
per
False
6.47.090
Automatic Dialing
Telephone
Alarm
$300
Requirements,
per
False
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:
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.
A
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.
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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.
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
user has not taken
reduces the likelihood
Police shall issue wr.
and an order denying
users permit.
of Police determines that the
action which substantially
of false alarms, the Chief of
Ltten findings to that effect
reinstatement of the alarm
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
users permit.
10. If the alarm user's permit is reinstated,
pursuant to the preceding subparagraph 9, and the
E
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.
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.
a
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
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
be the legislative intent of the City Council that
this chapter would have been adopted had such
unconstitutional or invalid provisions, clause,
10
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.
Geo, 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:
0
Dolonna Mecums -City Clerk
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