[HISTORY: Adopted by the Town Board of the Town of West Bend
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-13-2002 by Ord. No. 2002-01; amended in its entirety 10-8-2008 by Ord. No. 2008-06]
For various reasons, false fire alarms from alarm systems and
from other sources do occur. Such false alarms adversely affect fire
protection and law enforcement agencies in the discharge of their
duties due to a high incidence of false alarms which reduce the credibility
of alarms as detection devices and increase the costs of fire protection
services. This article is intended to reduce false alarms in order
to promote public peace and safety within the Town of West Bend and
to recoup part of the cost of fire protection attributable to false
alarms from the property owners and other persons involved, pursuant
to § 60.55(2), Wis. Stats.
In the event a person makes or cause to be made a false alarm
to any public officer or employee of the Town of West Bend or to a
fire service provider of the Town, whether by means of a fire alarm
system, central alarm station, telephone or otherwise, which results
in fire protection services being dispatched to any location within
the Town of West Bend when there is no fire, the person shall be charged
a fee for the cost of such fire protection services provided according
to a written schedule established by the Town Board.
For purposes of this article, the following terms shall be applicable:
Any device which when activated transmits a signal or call
actuating emergency fire/law enforcement response, or produces an
audible or visual signal designed to notify persons within the audible
or visual range of the signal. Except where inconsistent, the term
"alarm" shall include automatic dialers but shall not include audible
alarms affixed to motor vehicles or boats, nor alarms which do not
emit an audible or visible signal beyond the interior of the structure
to which they are installed.
Any telephone or electronic device or attachment which automatically
activates an alarm system which produces any prerecorded message that
results in a fire or other emergency response.
A signal from an alarm, alarm system, telephone or other
contact resulting in an emergency response by a fire protection provider
of the Town of West Bend when in fact a fire does not exist. This
includes, but not by way of limitation, the activation of an alarm
through negligence of the alarm owner or lessee or his or her agent
or employee or through mechanical failure or power surge.
Includes, but not by way of limitation, owning a premises
where an installed alarm or alarm system produces a false alarm.
In the case of an interest in property for life, as defined
in § 700.02, Wis. Stats., herein called a "life estate"
or a lease for more than two years, a "property owner" or "owner"
shall mean the holder of such life estate or the lessee, and such
holder or lessee shall be considered to "own" the separate premises
subject to such life estate. In all other cases, "property owner"
shall be the fee title holder of record as shown in the records of
the Register of Deeds of Washington County, Wisconsin.
A.
Upon notification of the occurrence of a false alarm for which a
fee is payable under this article, the Town Clerk or Town Treasurer
or their designee shall issue written notice to the property owner
or other person liable for such fee under this article, briefly identifying
such false alarm by address or fire number, its date and the fee therefor
under the written schedule established under this article, and a statement
that payment shall be due within 30 days of the date of such notice.
Such payment shall be due 30 days after such notice is:
B.
If not paid within such 30 days, such charge shall be extended upon
the current or next tax roll against the property involved in the
false alarm as a charge for current services, as provided in § 66.0627,
Wis. Stats.
Until modified by the Town Board, the fee for a false alarm
shall be the lesser of the actual cost to the Town associated with
such false alarm and responding thereto by the Town' fire protection
provider(s) or the following amounts:
A.
For each person who makes or causes to be made a false alarm, there
shall be no charge for the first false alarm in a calendar year; provided,
however, that in the case of co-owners of real estate on which an
alarm or alarm system is activated leading to a false alarm, there
shall be only one exempt false alarm per calendar year, regardless
of the number of co-owners of such real estate. Additionally, persons
required by the terms of their licensing under Ch. 50, Wis. Stats.,
to have an alarm system and who operate a facility or facilities located
in the Town where at least 100 persons reside on a regular basis shall
have exempted three rather than one false alarms per year in addition
to the new-system exemption.
B.
For each person who makes or causes to be made a false alarm, there shall be a charge of $850, until modified by the Town Board or as determined by the Town Board on an annual basis for any false alarms in a calendar year not exempted under Subsection A of this article, plus the costs of prosecution. This subsection shall take effect upon passage and posting as provided by law.
[Amended 1-9-2013 by Ord.
No. 2013-01; 6-10-2015 by Ord. No. 2015-01]
C.
Notwithstanding the exemption from fee provided in Subsection A of this article, if it is established by a court of competent jurisdiction that a person intentionally makes or causes to be made a false alarm, the fee for each such intentional false alarm shall be the amount specified in Subsection B above, regardless of whether the same would otherwise be exempt under such Subsection A.
