[HISTORY: Adopted by the Common Council of the City of Fox
Lake as Title 5, Ch. 4, of the 1997 Code. Amendments noted where applicable.]
This chapter shall be known as the "City of Fox Lake Alarm Systems
Ordinance."
The purpose of this chapter is to provide minimum standards
and regulations applicable to burglar, fire and holdup alarm systems,
alarm businesses and alarm users. Both society in general and public
safety in particular will be aided by providing a useful and usable
system of private security which properly balances quick response
by law enforcement with minimization of law enforcement time spent
on alarms which are false or otherwise not the intended function of
private security systems.
Within this chapter, the following terms, phrases and words
and their derivations have the meanings given herein:
Any business in which the owners or employees engage in the
activity of altering, installing, leasing, maintaining, repairing,
replacing, selling, or servicing alarm systems.
An assembly of equipment and devices or single device such
as a solid-state unit which plugs directly into a one-hundred-ten-volt
AC line or otherwise receives electrical energy arranged to signal
the presence of a hazard requiring urgent attention and to which the
Police Department or Fire Association is expected to respond. In this
chapter, the term "alarm system" shall include the terms "automatic
holdup alarm system," "burglar alarm system" and "manual holdup alarm
system" as those terms are hereinafter defined and fire alarm systems
which monitor temperature, humidity or any other condition directly
related to the detection of fire. Excluded from this definition and
from the coverage of this chapter are alarm systems used to alert
or signal persons within the premises in which the alarm system is
located of an attempted unauthorized intrusion or holdup attempt or
fire.[1]
A telephone answering service providing among its services
the service of receiving on a continuous basis through trained employees
emergency signals from alarm systems and thereafter immediately relaying
the message by live voice to the dispatch center of the Police Department
or Fire Association.
An alarm system which automatically sends over regular telephone
lines by direct connection or otherwise a prerecorded voice message
or coded signal indicating the existence of the emergency situation
that the alarm system is designed to detect.
An alarm system in which the signal transmission is initiated
by the action of the robber.
An alarm system which signals an entry or attempted entry
into the area protected by the system.
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise the circuits.
An alarm system which has the capability of transmitting
system signals to the Police Department or Fire Association.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or the negligence of the owner
or lessee of an alarm system or of his employees or agents or other
undetermined cause. "False alarm" does not include alarms caused by
tornadoes or other violent climatic conditions.
To connect an alarm system to a voice-grade telephone line,
either directly or through a mechanical device that utilizes a standard
telephone, for the purpose of using the telephone line to transmit
an emergency message upon the activation of the alarm system.
An alarm system in which the signal transmission is initiated
by the direct action of the person attacked or by an observer thereof.
A telephone line leading directly into the dispatch center
of the Police Department or Fire Association that is for the purpose
of handling emergency calls on a person-to-person basis and which
is identified as such by a specific number included among the emergency
numbers listed in the telephone directory or numbers in sequence therewith.
A person who buys or leases or otherwise obtains an alarm
system and thereafter contracts with or hires an alarm business to
monitor and/or service the alarm system.
The Chief of Police shall promulgate such rules as may be necessary
for the implementation of this chapter. Such rules shall require the
approval of the Common Council and shall be open to inspection by
the public.
No person shall interconnect any automatic dialing device to
a Police Department or Fire Association primary trunk line. No person
shall permit such devices which were installed prior to the effective
date of this chapter to remain interconnected from any property owned
or controlled by that person. Such devices may be connected to a central
station or an answering service. Relaying messages so received to
the Police Department or Fire Association shall only be done person
to person on the telephone line.
Direct connections to the Police Department or Fire Association
are prohibited but may be authorized pursuant to the direct connection
policies of the Department or Association, a copy of which is on file
with the Chief of Police and Fire Chief.
A.
No alarm business or alarm system designed to transmit emergency
messages to the Police Department shall be tested or demonstrated
without prior notification and approval of the Police Department dispatcher.
Alarm businesses or alarm system owners or lessors will be advised
on proper test procedure.
B.
No alarm system relayed through intermediate services to the Police
Department will be tested to determine the Police Department's response
without first notifying the appropriate authority. However, the Police
Department may inspect or test on-site alarm systems authorized under
this chapter.
C.
Alarm systems shall be in compliance with all pertinent response
policies of the Police Department.
When the service provided by an alarm business to its subscribers
is disrupted for any reason by the alarm business or the alarm business
becomes aware of such disruption, it shall promptly notify its subscribers
by telephone that protection is no longer being provided. If, however,
the alarm business has written instructions from its subscriber not
to make such notification by telephone during certain hours, the alarm
business may comply with such instructions.
A.
Generally. Each false alarm requires response of public safety personnel,
involves unnecessary expense to the City, increases the risk of injury
to persons or damage to property and dilutes the overall public safety
protection to the City. Such false alarms constitute a public nuisance
and must be abated.
C.
False alarms; administrative charges.[2]
(1)
Any person, business, corporation or other entity having a permissible
alarm system with alarm device(s) at one or more locations in accordance
with this chapter shall pay to the City a charge for false alarms
responded to by the Police Department or Fire Association according
to the schedule established by the Common Council for each calendar
year for each location connected, separate accounts to be kept for
false alarms as to criminal activity and false alarms for fire or
other emergencies.
(2)
This subsection is intended to impose a strict liability on the person, business, corporation or other entity responsible for alarm connection to either the police alarm panel or to an alarm receiving firm for false alarms to which the Police Department or Fire Association has responded and shall be applied regardless of the cause of the false alarm, excepting those alarms excluded from the definition of "false alarm." Failure to pay such administrative charge(s) in and of itself shall constitute a violation of this section, and such charge(s) shall be collectible as a forfeiture upon prosecution and conviction thereof, together with an additional forfeiture(s) which may be imposed under Subsection E hereof for violation of this section for allowing or maintaining a condition(s) or act(s) violative of the intent of this section of eliminating and minimizing the occurrence of false alarms, together with costs of prosecution.
D.
Waiver of fee. If a possessor of the alarm shows to the satisfaction of the Chief of Police or the Fire Chief, as applicable, that such false alarm was not the result of negligence or improper maintenance, or other good and sufficient cause beyond the reasonable control of the possessor of the alarm, such fee may be waived and the response shall not count as a false alarm in computing the fee established under Subsection C.
E.
Other violations. Any person, corporation or other entity violating this chapter in any manner, other than for collection of unpaid administrative charges treated in the preceding Subsection C of this section, shall be subject to forfeiture as provided in § 1-4 of this Code. When any premises located in the City is owned, leased or occupied by two or more persons as joint tenants, tenants in common, joint lessees, or in any other manner, each person shall see that the provisions of this chapter are complied with, and each person may be subjected to a penalty on violation of this chapter.
F.
Default of payment for forfeiture and/or costs. On default of payment of forfeiture and/or costs under the immediately preceding Subsection C and/or E, such person or responsible officer of the violating corporation or other entity shall be confined in the county jail until the same are paid, but not to exceed a length of time specified by the court, which length of time shall not exceed six months. Upon nonpayment of the fee, the amount due may be placed on the tax roll as a special charge pursuant to § 66.0627, Wis. Stats.
The City of Fox Lake shall be under no duty or obligation to
a subscriber or to any other person concerning any provision of this
chapter, including but not limited to any defects in an alarm system
or any delays in transmission or response to any alarm; however, this
in no way shall be construed that it is not the proper function of
law enforcement to respond to alarms.
B.
Interior alarms. A permit under this chapter is not required for
an alarm system which gives a signal, visual or audible or both, solely
within the interior of the building in which it is located.
C.
Issuing authority. The Chief of Police shall issue the permits and
collect the fees.
D.
Application. Application for permit required under this chapter shall
be filed with the Chief of Police. The Chief of Police shall prescribe
the form of the application and request such information as is necessary
to evaluate and act upon the permit application. The Chief of Police
shall deny a permit if the alarm system for which it is sought does
not comply with this chapter.
A.
Hearing. Before a permit issued pursuant to this chapter may be revoked,
a hearing shall be held before the Chief of Police. Notice setting
forth the time, place and nature of the hearing shall be sent by mail
or delivered to the permittee at the address shown on the permit application
not less than seven days prior to the hearing.
B.
C.
Appeals. Any permittee may appeal the decision of the Chief of Police
by filing a written notice of appeal with the City Clerk within 10
days after the decision. Such appeal shall be heard by the Common
Council within 30 days after filing the appeal. The Common Council
may affirm, amend or reverse the decision or take other action deemed
appropriate. An appeal timely taken suspends the revocation until
the Common Council gives its decision. The City Clerk shall give written
notice of the time and place of the hearing to the appellant by certified
mail or personal delivery not less than seven days before the hearing.
In conducting the hearing, the Common Council shall not be limited
by the technical rules of evidence.[2]
