G59-17 Ordinance No. G59-17
AN ORDINANCE
AMENDING CHAPTER 6.47 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "POLICE ALARM SYSTEMS" TO INCLUDE
ADDITIONAL REGULATIONS FOR FIRE ALARM SYSTEMS
WHEREAS,the City of Elgin is a home rule unit pursuant to the Constitution of the State of
Illinois, and as a home rule unit,may exercise any power and perform any function pertaining to its
government and affairs: and
WHEREAS, the regulations and permitting of police and fire alarm systems pertains to the
public health, safety and welfare, and pertains to the government and affairs of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 6.47 of the Elgin Municipal Code, 1976, as amended, entitled
"Police Alarm Systems" be and is hereby amended in its entirety to read as follows:
"Chapter 6.47
POLICE AND FIRE 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 or Fire Department are expected to respond.
6.47.020: DEFINITIONS:
ALARM ADMINISTRATOR: The person designated by the Police Chief to handle and deal with
enforcement of police and fire alarm systems and false alarms.
ALARM AGENT: Any person employed by,working for,representing,or subcontracted by an alarm
company.
ALARM COMPANY: 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.
ALARM SYSTEM: Any assembly of equipment, mechanical or electrical, arranged to signal the
occurrence of any actual or attempted burglary,robbery, fire or medical alarm to which the Police or
Fire Departments are expected to respond.
ALARM USER: A person(s),firm,partnership,corporation,association,organization,company,or
other entity in control of a premises where an alarm system is located.
AUDIBLE ALARM: An alarm system or device that generates an audible sound.
AUTOMATIC DIALING DIGITAL ALARM COMMUNICATOR SYSTEM: 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.
AUTOMATIC DIALING TELEPHONE ALARM: 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 premises, or upon detection of a fire or medical emergency.
CALENDAR YEAR: A twelve (12) month period beginning January 1 and ending December 31
every year.
CENTRAL ALARM STATION: 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.
CHIEF OF POLICE: The City of Elgin Chief of Police or his designee.
CITY: The City of Elgin, Illinois.
FALSE ALARM: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,robbery,fire,medical or panic alarm need 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 Chapter.
FIRE ALARM SYSTEM: Any assembly of equipment,mechanical or electrical,arranged to signal
the occurrence of a fire or medical alarm to which the Fire Department is expected to respond.
SUPERVISING STATION: A facility that receives signals from protected premises fire alarm
systems and at which personnel are in attendance at all times to respond to these signals. These
facilities include listed central stations and remote supervising stations.
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NOTICE: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.
PERMITTEE: Any person, firm, partnership, corporation, association, organization, company, or
other entity issued an alarm permit by the City.
PERSON:A natural person,or a firm,partnership,corporation,association,organization,company,
or other entity.
POLICE ALARM SYSTEM: Any assembly of equipment, mechanical or electrical, arranged to
signal the occurrence of any actual or attempted burglary or robbery to which the Police Department
is expected to respond.
PRERECORDED TELEPHONE MESSAGE: Any prerecorded voice message transmitted or
received over a telephone line.
PROTECTED PREMISES:Any building, structure,or facility where an alarm system is installed to
signal the occurrence of any actual or attempted burglary, robbery, fire or medical emergency to
which the Police or Fire Departments 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 a police alarm system or fire 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 control of a premises wherein an alarm system is operated
or maintained when a permit therefor has been revoked or the permittee is no longer an occupant of
the premises.
C. A permit must be obtained for each separately addressed operating location.
D. Permits must be displayed on or in close proximity to the fire suppression system panel.
E. No fee shall be charged to obtain an alarm user permit.
F. All permits issued are valid indefinitely unless revoked.
G. It is unlawful for any permittee to fail or refuse to amend its alarm permit application
within fourteen (14) days after any of the information required and contained therein becomes
outdated or inaccurate.
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H. The provisions of this Chapter shall not apply to any electric, wired or battery operated,
single station smoke detectors installed to alert the occupants of any residence to the danger of a fire.
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.
3. The type of alarm system at the protected premises.
4. A list of three(3)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 name,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.
7. The name, address and telephone number of the central alarm station or the
supervising station for the alarm system.
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
Alarm Administrator.
C. An application for an alarm user permit shall be denied if:
I. The applicant has failed to pay false alarm fees required by this Chapter for a
different protected premises under the applicant's ownership or control.
2. The applicant has failed to comply with any provisions of this Chapter or other
ordinances of the City.
D. The City's Finance Department shall be responsible for processing and issuing alarm user
permits.
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6.47.050: ALARM ACTIVATION 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
three hundred dollars($300.00)for each notice to the Police Department of an activation of a police
alarm system or fire 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
fourteen(14) days after any of the information required and contained therein becomes outdated or
inaccurate.
6.47.070: TRANSFER OF ALARM USER PERMIT PROHIBITED:
An alarm user permit cannot be transferred to another premises or to another person.
6.47.080: AUDIBLE ALARM SYSTEM REQUIREMENTS:
An 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
thirty (3)0) minutes after it is activated.
C. With respect to systems in existence prior to the adoption of this Chapter, the owner or
operator thereof shall have thirty (30) days from the effective date hereof 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
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 telephone line other than the designated Police Department alarm
line. Any such automatic dialing telephone alarm or device that dials any City 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 hereof.
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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 or Fire Department except if such person knows or suspects that there is an
actual or attempted burglary, robbery, fire or medical emergency on the premises.
6.47.110: FALSE ALARMS; FINES; NOTIFICATIONS:
A. Any alarm user permittee who has more than four(4)false alarms within a calendar year
at a single protected location will be assessed fines according to the following fine schedule:
Fifth (5`h) - eighth (8`h) false alarms: one hundred dollars ($100.00) fine per false alarm
Ninth (91h) - tenth (10`h) false alarms: two hundred dollars ($200.00) fine per false alarm
Eleventh (IIth) - twentieth (20`h) false alarms: three hundred dollars
($300.00) fine per false alarm
More than twenty (20) false alarms: five hundred dollars ($500.00) fine per false alarm
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 Alarm Administrator 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
Alarm Administrator for the purpose of showing cause as to whether circumstances exist to warrant
voiding the false alarm recordation. The Alarm Administrator 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 Alarm Administrator shall be final.
6.47.115: PERMIT REVOCATION FOR POLICE ALARM SYSTEM:
A. Any alarmed premises which has ten (10) or more false alarms from a police alarm
system within a calendar year shall subject the alarm user to permit revocation as provided herein.
For the purposes of this section and alarm permit revocations, a combined security system which
contains both police and fire components in and serving a single residence shall also be deemed to be
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a police alarm system and subject to permit revocation as provided in this section.
B. If City records show ten(10)or more false alarms within a calendar year for any alarmed
premises:
1. The Alarm Administrator 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 Alarm
Administrator describing actions taken or to be taken to identify and eliminate the
cause of the false alarms, and to request that their alarm user's permit be reinstated.
2. If the alarm user submits a report requesting reinstatement of their alarm user's
permit, the Alarm Administrator 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.
3. If the alarm user's permit is reinstated, and the Police Department responds to a
subsequent false alarm activation in the same calendar year at the protected premises,
the Alarm Administrator shall proceed with the permit revocation process again as
described in this subsection B. The alarm user shall also be assessed a fine in the
amount of three hundred dollars ($300.00) for each subsequent false alarm through
the remainder of the calendar year.
4. If the Alarm Administrator 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 Alarm Administrator 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 Alarm Administrator 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 Alarm Administrator and the alarm user shall have the right to present written
and oral evidence, subject to the right of cross-examination by both parties.
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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 user's
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
user's permit.
10. If the alarm user's permit is reinstated,pursuant to subsection B9 of this Section,and
the Police Department responds to a subsequent false alarm activation in the same
calendar year at the protected premises,the Alarm Administrator shall proceed with
the permit revocation process again as described in this subsection B.The alarm user
shall also be assessed a fine in the amount of three hundred dollars($300.00)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 user's 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 subsection B 13 of this Section and
the Police Department responds to a subsequent false alarm activation in the same
calendar year at the protected premises, the Alarm Administrator shall proceed with
the permit revocation process again as described in this subsection B. The alarm user
shall also be assessed a fine in the amount of three hundred dollars($300.00)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.
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6.47.120: EXCESSIVE FALSE FIRE ALARMS:
Any alarm user of an alarmed premises which has ten (10) or more false alarms from a fire alarm
system within a calendar year, in addition to being subject to the fines provided for in this Chapter
and prosecution for violation of the provisions of this Chapter, and other remedies available to the
City pursuant to law, shall be required to enroll in the Underwriter Laboratories (UL) Fire Alarm
Certificate Program for the fire alarm system. Such certificated users shall be subject to the UL
random system inspections. Enrollment in this program would cease when the alarm user of the fire
alarm system has demonstrated to the Fire Chief,or his designee,that the fire alarm system no longer
transmits false alarms on a reoccurring basis.
6.47.130: TESTING EQUIPMENT:
No person shall conduct or cause to be conducted, any test or demonstration of any alarm system or
signaling 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 signaling device
is connected to an intermediary receiver and is not relayed to the Police Department Emergency
Communications Center.
6.47.140: MAINTENANCE OF EQUIPMENT:
The alarm user shall be responsible for maintaining the alarm system to assure reliability of
operation, including, but not limited to, so as to prevent continued false alarms.
6.47.150: 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 Chapter 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.
Police Department response to police alarm systems which have a history of false alarms or which
have been revoked may consist of a lower priority (or may cease entirely for those revoked). The
City assumes no responsibility for not responding upon the receipt of an alarm under such situations.
6.47.160: SEVERABILITY:
If any provision,clause, sentence,paragraph, section,or part of this Chapter or application thereof to
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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 provision, clause, sentence,
paragraph, section or part thereof not been included.
6.47.170: 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 Title 1, 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. Section 2.40.227 of the Elgin Municipal Code, 1976, as amended, be and is
hereby repealed.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. This ordinance shall be in full force and effect on and after January 1, 2018,
following its passage and publication as provided by law.
,tv�7&Lf,
vjl�?,"xe .2�——
David J. Kapt n, Ma or
Presented: December 20, 2017
Passed: December 20, 2017
Vote: Yeas: 9 Nays: 0
Recorded: December 20, 2017
Published: December 21, 2017
Attest:
Kimberly Dewis City (!9K
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