(A)
The purpose of this article is to encourage alarm users and alarm
companies to maintain the operational reliability and proper use of
alarm systems thereby reducing or eliminating false alarm dispatch
requests. The inherent difficulties and malfunctions associated with
such mechanically or electronically activated alarm systems result
in unnecessary or false alarm activation and consequently require
unnecessary responses by the Police and/or Fire Departments. Such
unnecessary responses severely impact and endanger the safety and
welfare of the residents of the Village. In addition to the significant
cost involved in responding to such alarms and the concurrent loss
of personnel resources and ineffective utilization of equipment, such
alarms require emergency responses that may contribute to a high accident
rate.
(B)
This article governs residential and nonresidential systems intended
to summon Police and/or Fire Department responses, imposes permit
requirements, establishes fees, provides for fines and penalties for
violations, establishes a system of administration, and sets conditions
for suspension or loss of permits. A system of graduated fees for
Police and/or Fire Department responses to alarms serves the dual
purpose of encouraging the cessation of false alarms and of charging
the cost of such alarms to that portion of the population wishing
to use them.
The following definitions shall apply in the interpretation
and enforcement of this article:
The Police Department employee, assigned by the Village Manager,
who is responsible for the day-to-day administration of the provisions
of this article.
The activation of an alarm system for, or as a result of,
any reason whatsoever that notifies the Police and/or Fire Departments
to respond to the premises at which the alarm system exists.
Any assemblage of mechanical or electrical equipment or devices
(or a single device such as a solid state unit which plugs directly
into a one-hundred-ten-volt AC line and/or is battery powered) arranged
to signal the presence of a fire, hazard, occurrence of an unauthorized
intrusion or other activity requiring urgent and immediate attention.
The term "alarm system" shall include, but shall not be limited to:
"automatic holdup alarm systems," "burglar alarm systems," "holdup
alarm systems," "fire alarm systems," "medical emergency alarm systems,"
and "outside ringers." The following alarm systems are specifically
excluded from the provisions of this article: motor vehicle alarm
systems; alarm systems which monitor temperature, humidity or any
other condition not directly related to the detection of an unauthorized
intrusion into a premises, an attempted robbery or burglary at a premises,
a fire, fire alarm supervisory and trouble signals, or a medical emergency
at a premises; and alarm systems that, upon activation, do not transmit
or cause to be transmitted any message or signal to the Police or
Fire Department.
The person, family, household, firm, entity, partnership,
association, corporation, company, organization or state, or subdivision
thereof, in possession or control of any building, structure, facility
or property in the Village where an alarm system is currently being
maintained or is hereafter maintained.
A permit issued by the Village for the privilege and ability
to operate an alarm system within the Village.
A system or group of systems in which the operations of circuits
and devices are transmitted automatically to, recorded in, maintained
by, and supervised from a signal-gathering center that has competent
and experienced servers and operators who, upon receipt of a signal,
take such action as necessary. Such service is controlled and operated
by a person, firm, or corporation whose business, at least in part,
is furnishing, maintaining, or monitoring of supervised fire alarm
systems.
A feature of an alarm system that utilizes a telephone device
or attachment to automatically select a telephone trunk line at the
Police Department and reproduces a prerecorded message to report an
alarm occurrence.
An alarm occurrence that was caused by human error or mechanical
failure or malfunction to summon aid or to alert others, to which
the Police or Fire Department responded and for which no emergency
or other situation requiring an immediate response by the Police or
Fire Department existed.
An alarm dispatch to the Police and/or Fire Department for
which the responding officer finds no evidence of a criminal offense,
or attempted criminal offense, or for which the responding firefighter
finds no evidence of fire or smoke conditions which would have caused
a fire alarm after having completed a timely investigation of the
alarm site.
The amount of money determined by the Board of Trustees to
be reasonable compensation for the services assumed by the Village
in responding to a false alarm dispatch.
A system or portion of a combination of systems that consists
of components and circuits arranged to monitor and transmit the status
of fire alarm or supervisory signal-initiating devices and to initiate
the appropriate response to those signals.
Those alarms that create an audible sound on a premises when
triggered and do not send a signal to any off-site location.
A feature of an alarm system that, when activated, causes
an audible and/or visual device to activate in, on or near the premises
within which the alarm system is maintained.
A system in which signals are transmitted from a radio alarm
transmitter located at a protected premises through a radio channel
to two or more radio alarm repeater station receivers and that are
transmitted by a radio alarm supervising station receiver located
at the remote station.
A system installed in accordance with this article to transmit
alarm, supervisory, and trouble signals from one or more protected
premises to the Fire Department dispatch center.
(A)
Permit; fee. It shall be unlawful for any person, firm, or corporation
to lease, use, or own an alarm system or be in control of premises
where an alarm system is operated or maintained without first having
paid a user fee to the Village of Lincolnwood. There shall be an initial
and annual renewal fee for an alarm user permit in the amounts set
forth in the Annual Fee Resolution.[1] The permit may be transferred during the year to a new
resident or owner of the premises, provided that no alterations are
made to the alarm system. Government agencies shall be exempt from
the user fee.
(B)
Application. The alarm system user applying for the permit required pursuant to Section 5-2-3(A) of this Code shall file an application therefor, on a form to be provided by the Village Police Department, which application shall contain, without limitation, the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the premises where the alarm system
is located.
(3)
The telephone number listed to that premises.
(4)
The type of alarm system (local, direct connect, central station,
etc.).
(5)
The name, address and telephone number of the person, firm or
corporation that installed the alarm system and of the person, firm
or corporation responsible for the maintenance and repair of the alarm
system.
(6)
The names, addresses and telephone numbers of at least three
persons responsible for the premises where the alarm system is located
and who should be contacted to deactivate the alarm system (each a
"keyholder"). At any given time, at least one of the keyholders must
be available 24 hours a day, seven days a week.
(C)
Violation. Any alarm system user who operates an alarm system without
first obtaining a permit as required by this section, or who, after
having a permit revoked/suspended operates an alarm system, shall
be in violation of this article. Each day that violation continues
shall constitute a separate offense.
(D)
Removal of alarm system. In addition to any other remedy provided
by law, the Police Chief and/or Fire Chief may, whenever they have
knowledge of any alarm system not operated or maintained in accordance
with the provisions of this article, take all necessary steps, including
an action at law or in equity, to prevent the operation, or effect
the removal, of such alarm system.
(E)
Permit term/late fee. All permits/fees shall be due annually on July
1. No permit will be approved until the required fee is paid. In the
event any alarm user/owner fails to pay the required permit fee by
the date specified, a late fee will be assessed in the amount set
forth in the Annual Fee Resolution.[2] Failure to pay the fee may result in the revocation/suspension
of the alarm user permit.
Alarm systems shall meet the following requirements:
(A)
Delay mechanism required. Every burglar alarm system shall be equipped
with an alarm delay mechanism on all ingress and egress doorways that
allows at least a fifteen-second delay before activation of an audible
alarm, or the transmitting of a message or signal to the Police and/or
Fire Department. No delay mechanism shall be required for any fire
or medical emergency alarm component of an alarm system.
(B)
Current information required. The alarm system user/owner shall be
responsible to update information on the alarm permit application
within 10 days after any of the information required and contained
therein becomes outdated and inaccurate.
(C)
Fire
alarm system required. Fire alarm systems shall be installed when
and as required by the currently adopted building and fire codes The
fire alarm system shall be connected to the Fire Department dispatch
center by radio connection.
(D)
Fire alarm system maintained. Fire alarm systems shall be inspected and maintained as required pursuant to the building and fire regulations pursuant to Chapter 14 of this Code.
(E)
Radio
connection for remote station alarms. All alarm systems that transmit
a signal to the Village Police Department by a dedicated telephone
line must be upgraded to become, or be replaced by, a radio alarm
system by December 31, 2012.
(F)
Radio connection for central station alarms. Notwithstanding Section 5-2-4(E) of this Code, all existing central station fire alarm systems may be maintained without an upgrade or replacement until one of the following events occurs:
(1)
A
central station fire alarm system is substantially improved. Such
substantial improvements include, but are not limited to, replacing
or improving a central station fire alarm's panel or smoke and/or
burglar detectors;
(2)
The property or building at issue is reclassified as a higher-risk occupancy class pursuant to provisions of the International Fire Code, as adopted by Chapter 14 of this Code ; or
(3)
In
the opinion of the Fire Chief, or his or her designees, such connection
is necessary due to an increased life safety hazard.
(A)
(B)
Additional charges. Alarm users will be invoiced on a quarterly basis
for charges incurred. The above charges will be paid to the Village
within 30 days from the invoice date. Any alarm user that fails to
pay the above charges will be subject to prosecution in the Village's
administrative hearing system or in a court of competent jurisdiction.
(C)
Nonchargeable alarm dispatches.
(1)
A false alarm dispatch that is canceled by the alarm business
or the alarm user prior to the time the responding officer reaches
the alarm site shall not be considered a false alarm dispatch.
(2)
Alarms caused by violent conditions of nature (severe weather),
power outages, or other extraordinary circumstances not reasonably
subject to control by the alarm business operator or alarm user are
not considered false alarms and are, therefore, not subject to false
alarm fees and will not be counted when determining service charge
fees or the number of alarm occurrences for that location during the
current calendar year.
Direct burglar or fire alarm connection to the Police Department
shall be authorized, provided that the following conditions are met
and that all necessary fees and charges are paid:
(A)
Local alarm tone. If an alarm rings on the premises, it shall not
make a sound similar to that of sirens on emergency vehicles or of
civil defense warning systems.
(B)
Alarm user fee paid. The applicant has applied for, met the requisite conditions and paid an alarm user fee as provided for in Section 5-2-3(A) of this Code.
(C)
Initial connection fee paid. An initial connection fee, as determined
by the current agreement, shall be paid at the time of the application
to the vendor contracted with by the Village to cover the costs of
alarm connection to the Police Department alarm board.
(D)
Monthly maintenance fee paid. A monthly maintenance fee, as determined
by the current agreement, shall be paid to the current vendor contracted
with by the Village to cover maintenance on the equipment housed at
the Police Department.
No person, firm, or corporation shall use or permit to be used,
or engage in the business of providing any telephone device or telephone
attachment that automatically selects a public trunk line of the Police
or Fire Department of the Village and then reproduces any prerecorded
message to report any robbery, burglary, fire or other emergency.
Automatic telephone alarms not so removed shall be subject to abatement
as a nuisance and is in direct violation of this article.
All local alarms that emit a sound that is audible beyond the
lot lines of the property on which the alarm is located shall be equipped
with an automatic shutoff which will deactivate within five minutes
of the alarm. It shall be unlawful to cause or permit any alarm system
to be audible from any location in the Village, other than the property
on which the alarm is located, in excess of five minutes. Local alarms
shall not make a sound similar to that of sirens on emergency vehicles
or of civil defense warning systems.
All owners of any of the alarm systems described above will
be responsible for making arrangements with neighbors or other responsible
parties to ensure that the alarm system can be accessed for maintenance
and turned off in case of malfunction or false alarms which would
result in prolonged operation, thereby creating a disturbance for
neighboring property owners.
(A)
Authority to revoke or suspend. The Police Chief shall have the authority
to revoke or suspend a burglar alarm user permit, and the Fire Chief
shall have the authority to revoke or suspend a fire alarm user permit,
under the following circumstances:
(1)
More than 10 false alarms in a calendar year;
(2)
Failure to pay false alarm fees or alarm user fees as required
by this article;
(3)
Failure of an alarm system user to properly maintain an alarm
system or cause same to be properly maintained;
(4)
Failure of an alarm system user to make arrangements to turn
off, reset or inspect an activated alarm within 30 minutes of notification;
(5)
Failure to comply with any provisions of this article.
(B)
Notice. Notice of revocation or suspension of permit shall be given
in writing, setting forth the grounds of the violation. Such notice
shall be sent by certified mail, return receipt requested, or by hand
delivery.
(C)
Request for a hearing. Upon receipt of the notice, the alarm user
may, within 10 days of such receipt, submit a written request for
a hearing before the Chief of Police or the Fire Chief (for a fire
alarm user permit) setting forth the reasons the alarm user permit
should not be suspended or revoked. The submission of such request
shall suspend the notice of suspension or revocation of the alarm
user permit until the disposition following the hearing.
(D)
Failure to request hearing. If the alarm user fails to submit a request
for hearing within the stated time period, the Police Chief shall
issue a written statement of revocation, which shall include an explanation
of consequences. The written statement shall be delivered to the alarm
user, be sent by certified mail, return receipt requested, or hand
delivery. Suspension or revocation shall be effective immediately
upon receipt by the alarm user of said written statement.
(E)
Service. If a request for a hearing is submitted within the stated
time period, written notice of the time and place of the hearing shall
be served on the alarm user by the Administrative Hearing Officer,
be sent by certified mail, return receipt requested, or hand delivery
at least 10 days prior to the date set for the hearing.
(F)
Hearing. At said hearing, the alarm user, or authorized representative,
shall have the right to confront and examine witnesses and to present
evidence on its behalf.
(G)
Disposition. After the hearing, the Administrative Hearing Officer
may suspend, revoke or rescind the notice of suspension or revocation.
In the event that the Administrative Hearing Officer determines that
the permit shall be suspended or revoked, he or she shall notify the
alarm user, in writing by certified mail, return receipt requested,
or hand delivery, explaining the consequences of suspension or revocation
as the case may be. Suspension or revocation shall be effective immediately
upon receipt by the alarm user of said written notice.
(A)
Effect of suspension or revocation. Nothing in this article shall
preclude an alarm system for which the alarm user permit has been
suspended or revoked from continuing to operate notwithstanding the
suspension or revocation. However, the Police and Fire Departments
shall have no obligation to respond to an alarm occurrence for which
the alarm user permit has been suspended or revoked.
(B)
Reinstatement after suspension. A permittee whose permit has been
suspended shall not be allowed to resume service until the Administrative
Hearing Officer has made a written determination that the permittee
is in compliance with all applicable Village regulations.
(C)
Reinstatement after revocation. Alarm user permits that have been
revoked may be reinstated upon submission to the Village by the alarm
user of a new alarm user permit application and payment of: (1) a
reinstatement fee in the amount set forth in the Annual Fee Resolution;[1] and (2) all past due service charges. However, no revoked
alarm user permit may be reinstated within the period established
by the Administrative Hearing Officer at time of revocation, unless
otherwise approved by the Hearing Officer. Upon reinstatement, the
alarm user shall be in the same position, for purposes of calculating
alarm occurrences and service charges, as an alarm user that has received
an alarm user permit for the first time.
The Village assumes no liability for any defects in the operation
of any alarm system, for any actions or failure to act of any alarm
business, alarm contractor, alarm user, or other person in connection
with the transmission or receipt of alarm signals, or any action or
failure to act upon receipt of an alarm from any source. It is not
the intention of the Village to create or assume any special duty
or any other duty other than that owed to the general public by virtue
of this article or any actions taken or failure to act thereunder.
In addition to any fees, fines or other penalties established
in this article, any person, firm or corporation convicted of a violation
of any of the provisions of this article shall be fined for each offense
in an amount set forth in the Annual Fee Resolution.[1] Each day such violation continues shall be considered
a separate offense.
(A)
The
property or business owner that is being protected by the alarm system
shall pay the Village a fee in the amount set forth in the Annual
Fee Resolution to connect his or her burglar and/or fire alarm system
to the Village dispatch center and shall pay the Village a monitoring
fee in the amount set forth in the Annual Fee Resolution per month.
The property or business owner that is protected by the alarm system
is responsible for any costs for equipment to connect his or her alarm
system to the Village dispatch center.
(B)
All
radio equipment installed by the Fire Department to the Fire Department
dispatch center in conjunction with any intergovernmental agreement
entered into by the Village for fire alarm monitoring will be and
remain the property of the Village, and the Village shall be responsible
for maintaining, repairing or replacing this equipment as necessary
due to deterioration, breakdown, or malfunction that results from
normal use of the equipment. The property or business owner that connects
to the Fire Department dispatch center using radio alarm equipment
shall be responsible for any maintenance, repair or replacement of
the equipment that is necessary due to use of the equipment that,
in the sole discretion of the Fire Chief, is caused by use that is
above and beyond the normal use of the equipment. If the radio alarm
equipment needs to be replaced due to use that is above and beyond
the normal use of the equipment, the property or business owner that
is responsible for such use shall pay the Village a radio replacement
fee in an amount set forth in the Annual Fee Resolution.
