[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. No. A-001-91, 1991 (Title 16, Ch. 16.20, of the 1979 Code); amended in its entirety 3-16-2015 by Ord. No. 007-2015. Subsequent amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
- ALARM SYSTEMS
- Any device designed for the detection of an unauthorized entry on the premises or for alerting others of the commission of an unlawful act, or both, or for the detection of a fire, and when actuated, gives a signal, visual and/or audible, or transmits or causes to be transmitted a signal.
- COMMERCIAL BUILDING
- All structures whose primary use is not as a dwelling and more than 50% of the floor space is not used as a dwelling.
- FALSE ALARM
- A signal from an alarm system, a telephone call to or other contact with a fire or police department, resulting in response by the department when an emergency situation does not exist.
- Any individual, partnership, corporation or other entity.
- PRIVATE RESIDENCE
- Any structure that is primarily used as a dwelling.
- RESIDENTIAL ALARM SYSTEM
- A system that gives a signal either visual, audible or by electronic means, either within the immediate area of the structure or to a remote or central receiving station other than directly to the Police Department console.
A permit shall be required for each residential, industrial or commercial alarm on premises within the Village on the effective date of the ordinance codified in this chapter or installed after such effective date.
A twenty-five-dollar permit fee shall be paid at the time of filing an application for permit.
As to those alarm systems now on the premises in the Village, a permit shall be obtained within 90 days after the effective date of the ordinance codified in this chapter. As to the alarm system installed after the effective date of the ordinance codified in this chapter, a permit shall be received before the system is installed. 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.
The issuing authority shall be the Chief of Police.
Applications for all permits required in this chapter shall be filed with the Chief of Police. The Chief of Police shall prescribe the form of 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, the application has not been properly completed, or no filing fee has been submitted.
Any person required by this chapter to have a permit, who has been denied such a permit by the Chief of Police, shall have a right to appeal that decision to the Village Board. The procedure shall be the same as set forth in § 16.20.060C.
All alarm systems installed within the Village shall have the Underwriters' Laboratory approval and be Class A approved and be in compliance with National Fire Protection Association regulations.
The Chief of Police may grant an exception to this requirement if the alarm system is under testing by the Underwriters' Laboratory; in which case, the alarm system can be installed for a period not to exceed six months and shall then be removed or disconnected, unless an extension of time is granted by the Chief of Police or Underwriters' Laboratory approval has been received.
Any person or corporation owning, leasing or operating a private alarm system shall maintain by contract a maintenance service agreement, and such equipment shall be inspected at regular intervals a minimum of four times a year. The contract shall also make available during hours such system is in operation, a representative to respond to the location of the alarm, whenever transmitted. Such representative shall be required to arrive within 60 minutes from the time of the original alarm.
All systems should have an alternate source of power in the event of a public utility source interruption.
No person shall install an alarm system or use or possess an operative alarm system without having a permit in accordance with the provisions of this chapter.
No person owning, using or possessing any alarm system shall cause or permit the giving of a false alarm, whether intentional, accidental or otherwise.
Certain alarm systems include a dialer, so that when the system is actuated the dialer automatically dials the police station using the regular telephone lines and repeatedly gives its recorded message. Such equipment shall be prohibited in the Village. An exception is made for elevator emergency phones.
No person, firm or corporation shall use or cause to be used any telephone or electronic device or attachment that automatically selects a public trunk telephone line or the Police Department, Fire Department or any other department, bureau, office, officer or employee of the Village and then reproduces a prerecorded message to report a burglary, fire or other emergency. However, such systems may be installed if they are connected to telephone lines other than those prohibited.
A system in operation on the effective date of the ordinance codified in this chapter, which is in violation of this section, shall be modified so that it is no longer in violation or be disconnected in operation not later than 90 days after the ordinance codified in this chapter is adopted, unless otherwise given special permission by the Chief of Police.
Before a permit issued pursuant to this chapter or an application received pursuant to this chapter may be revoked, a hearing must 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 party at the address shown on the permit or application not less than seven days prior to such hearing.
The Chief of Police may revoke a permit on the following grounds:
The application for a permit contains a statement of a material fact, which statement is false;
A licensee has repeatedly failed to comply with the provisions of this chapter;
An alarm system repeatedly actuates false alarms;
Repeated delay in response to any alarm by service representative.
A person may appeal the decision of the Chief of Police by filing a written notice of appeal with the Village Clerk within 10 days after the decision. Such appeal shall be heard by the Village Trustees within 30 days after the filing of the appeal, and that body may affirm, amend or reverse the decision or take other action deemed appropriate. An appeal timely taken suspends the revocation until the Board of Trustees gives its decision. The Village Clerk shall give written notice of the time and place to the appellant. Such notice shall be given by registered or certified mail or personal delivery not less than seven days before the hearing. In conducting the hearing, the Village Board shall not be limited by the technicals of evidence.
It is understood that, by a request for application or permit and by the subsequent issuance thereof, the Village shall be relieved of all liability as a result of any action arising from the installation of or operation of or response to any alarm system in the Village; and, further, the Chief of Police of the Village shall also be relieved of any liability resulting from the lawful disconnection of any alarm system in the Village.
Any person who shall violate this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $300 together with the costs of prosecution. Each day a violation exists or continues shall constitute a separate offense.