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2004-088ORDINANCE NO. 2004- 88 AN ORDINANCE AMENDING CHAPTER 9.04, ALARM SYSTEMS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, identifying and establishing minimum standards and regulations applicable to the installation and use of alarm systems applicable to both Police and Fire remote monitoring purposes is critical in providing and maintaining an appropriate state of public safety readiness; and WHEREAS, the failure to maintain and properly monitor alarm systems can compromise the safety of citizens, police and fire personnel and create situations where public safety personnel and equipment are improperly deployed within the community reacting to false alarms; and WHEREAS, reducing the incidence of false alarms within Buffalo Grove is appropriate to the mission of both the Village's Police and Fire Departments. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND .BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Section 1. Chapter 9.04, Alarm Systems, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: Section 9.01.010 Section 9.04.020 Section 9.04.030 Section 9.04.040 Section 9.04.050 Section 9.04.060 Section 9.04.070 Section 9.04.080 Section 9.04.090 CHAPTER 9.04 ALARM SYSTEMS Definitions Alarm System User Permit Permit Fees Revocation or Suspension of Permit - Police and Fire Activation of Alarm Automatic Systems Audible Devices Response to False Alarms- Police Response to False Alarms -Fire 9.04.010 Definitions. For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein: A. "Alarm system" means manual and automatic electronic equipment, radio transmitting equipment and all components including any telephone lines, arranged to detect an attempted or actual unauthorized intrusion into a premises or robbery at a premises and produce electronic, visual or audible signals or notifications which normally summon and produce police response. "Alarm system" shall include terms commonly known as "automatic holdup alarm systems," "burglar alarm systems," "holdup alarm systems," "manual holdup alarm systems" and "burglary, robbery, trespass alarm." In addition, "alarm system" shall include and device known as a fire or medical alerting system. B. "Alarm system user" means any controlling individual, firm or corporation on whose premises an alarm system is maintained within the Village, except for alarm systems on motor vehicles or proprietary systems. If however, an alarm system on a motor vehicle is connected with an 4 alarm system at a premises (other than a proprietary system) the person using such system is an alarm system user. C. "Annual Period" shall mean the twelve months following the date of a Department response to a False Alarm. The Annual Period shall cease as of the conclusion of the twelve months following the date of response. It shall not again commence until the first Department response to a False Alarm. D. "Department" shall mean individually or both the Village's Police Department or Fire Department. E. "False alarm" means the activation of an alarm system without apparent, attempted or actual unauthorized entry or due to mechanical failure, malfunction, improper installation, human error, or the negligence of the owner or lessee of an alarm system or of his employees or agents, whether or not the exact cause of the error or malfunction is identified, or any other activation of the signal when no actual emergency exists, other than for testing purposes. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, fire, area power failures, failures attributable to telecommunication service providers or other violent conditions which cause actual damage to a secure premises or alarm system components. F. "Fire Alarm" means a system designed to notify the Fire Department, or other outside monitoring agency, either automatically or by manual operation, of an actual or imminent fire. G. "Fire Department' means the Village of Buffalo Grove Fire Department. H. "Medical Alert System" means a system to notify the Fire Department, or other outside monitoring agency, of a medical emergency. I. "Police Department" means the Village of Buffalo Grove Police Department. I "Proprietary systems" is defined as a burglar and/or holdup alarm system that communicates a signal only to a point(s) within the interior of the protected premises. They alert or signal persons within the premises in which the alarm system is located of an attempted, unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this Chapter. K. "Subscriber" means a person, firm or corporation utilizing a receiving station alarm or digital dialer system and paying a fee thereof. L. "Village" shall mean the Village of Buffalo Grove, including its Fire Department and Police Department. 9.04.020 Alarm System User Permit. A. Every alarm system user shall obtain from the Village an annual alarm system user permit for each alarm system the alarm system user operates within the Village. B. The alarm system user applying for the permit required in subsection (A) of this section, shall state on a permit application form to be provided by the Village information such as, but not limited to: name, the address of the residence or business or businesses in, or upon which the alarm system has been or will be installed, telephone number, the type of alarm system (local, direct connect, central station, etc.), the alarm business or businesses selling, installing, monitoring, inspecting, responding to and/or maintaining the alarm system, and the name and telephone number of at least one other person (in the case of a commercial alarm system user applicant, at least two other persons) who can be reached at any time, day or night, and who is authorized to respond to an alarm signal and who can open the premises in which the system is installed. C. The information contained in an alarm system user permit application required by this section and other information received by the Village through correspondence or communications with an alarm user shall be securely maintained and restricted to inspection only by the Fire or Police Chief or certain officers or Village employees specifically assigned the responsibility for handling and processing alarm system user permits in the course of official duties. 2 D. 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, or suspended operates an alarm system, shall be in violation of this Chapter. 9.04.030 Alarm Registration Fees. A. Alarm registration fee shall be ten dollars ($10) for both original and renewal permits for any single police or single fire alarm for any occupancy. Alarm registration fee shall be twenty ($20) for both original and renewal permits for any combination fire/police alarm for any occupancy. B. Local, state and federal government agencies shall be exempt from alarm registration fees. 9.04.040 Revocation or Suspension of Permit- Police and Fire. A. The Chief of Police or the Fire Chief may, after notice and hearing, revoke or suspend an alarm user's permit under the following circumstances: • More than five false alarm responses within any; • Failure to pay false alarm fees or alarm registration fees as required by this Chapter; • Failure of an alarm system user to appear and turn off, reset or inspect an activated alarm system within one hour of police notification to do so; • Failure to comply with any provisions of this Chapter. B. Notice of the hearing for revocation or suspension of permit shall be given in writing, setting forth the grounds of the violation and the time and place of the hearing. Such notice shall be sent by certified mail, return receipt requested, to the pernrittee's last known address at least five days prior to the date set for the hearing. C. The permittee shall be permitted counsel and shall have the right to submit evidence and to cross - examine witnesses. The Chief of Police or Fire Chief shall preside and shall render the decision. D. Any person aggrieved by the decision of the Chief of Police or Fire Chief in connection with the revocation or suspension of the permit shall have the right to appeal to the Village Manager. Such appeal shall be taken by filing with the Village Clerk, within ten days after notice of a revocation or suspension, a written statement under oath setting forth specifically the grounds for appeal. The Village Manager shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the pennittee. The decision of the Village Manager on such appeal shall be final. E. Any revocation or suspension shall not preclude prosecution and imposition of any other penalties. 9.04.050 Activation of Alarm. It is unlawful for any person to knowingly activate any alarm system for the purpose of summoning either Department, except in the event of an actual or attempted burglary, robbery, fire or medical emergency or for any person to notify the Department of an activated alarm, and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system, to fail at the same time to notify the Department of such apparent malfunction. 9.04.060 Automatic Systems. Unless previously approved by the Village, no person, firm or corporation shall use or cause or permit to be used, or engage in the business of providing any telephone device or telephone attachment that automatically selects a public trunkline of the Police or Fire Department of the Village and then reproduces any prerecorded message to report any robbery, burglary, fire, or other emergency. 9.04.070 Audible Devices. A. No person, firm or corporation shall install equipment or allow to exist on any alarm system: • Any outside audible device which emits electronically amplified audio sound through speaker, speaker horn, speaker driver, or other similar audio device; • Any mechanical device which produces audible sounds in any manner similar to sirens of emergency public safety vehicles of the Village; • Any outside audible device not equipped with an automatic shut off which will deactivate within five minutes of the initial alarm. B. Any activated system audible device in violation hereof, is declared a public nuisance and may be immediately abated by deactivation, disconnection or removed by any reasonable means by the Police Department or Fire Department, 9.04.080 Response to False Alarms- Police and Fire. For a Police and/or Fire Department response to any false alarms the Village shall charge and collect from the person having or maintaining such burglary and/or robbery or trespass alarm on premises owned or occupied by him or her, fees as follows: A. For the first through second response to premises at which no other false alarm has occurred within the Annual Period, no fee shall be charged. B. For any additional response to premises within the Annual Period, the following fees shall be charged: third through fifth, seventy -five dollars; sixth through ninth, one hundred dollars; tenth through twelfth, one hundred -fifty dollars, thirteen or more, two hundred -fifty dollars. 9.04.090 Violation - Penalties In addition to the revocation or suspension of a permit as provided herein, any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 of this Code. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication as of January 1, 2005. This ordinance may be published in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 — None ABSENT: 0 — None PASSED: August 30 , 2004. APPROVED: August 30 2004. PUBLISHED: August 31 P 2004. ATTEST: Villiga,tlerk APPROVED: Village President 4 c IV ' STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on August 30, 2004 the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -88 entitled: AN ORDINANCE AMENDING CHAPTER 9.04, ALARM SYSTEMS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODEprovided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2004 -88, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing August 31, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 31st day of August, 2004. Village Cl By i 11 1 11, iii WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, identifying and establishing minimum standards and regulations applicable to the installation and use of alarm systems applicable to both Police and Fire remote monitoring purposes is critical in providing and maintaining an appropriate state of public safety readiness; and WHEREAS, the failure to maintain and properly monitor alarm systems can compromise the safety of citizens, police and fire personnel and create situations where public safety personnel and equipment are improperly deployed within the community reacting to false alarms; and WHEREAS, reducing the incidence of false alarms within Buffalo Grove is appropriate to the mission of both the Village's Police and Fire Departments. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Section 1. Chapter 9.04, Alarm Systems, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: Section 9.01.010 Section 9.04.020 Section 9.04.030 Section 9.04.040 Section 9.04.050 Section 9.04.060 Section 9.04.070 Section 9.04.080 Section 9.04.090 CHAPTER 9.04 ALARM SYSTEMS Definitions Alarm System User Permit Permit Fees Revocation or Suspension of Permit- Police and Fire Activation of Alarm Automatic Systems Audible Devices Response to False Alarms -Police Response to False Alarms -Fire 9.04.010 Definitions. For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein: A. "Alarm system" means manual and automatic electronic equipment, radio transmitting equipment and all components including any telephone lines, arranged to detect an attempted or actual unauthorized intrusion into a premises or robbery at a premises and produce electronic, visual or audible signals or notifications which normally summon and produce police response. "Alarm system" shall include terms commonly known as "automatic holdup alarm systems," "burglar alarm systems," "holdup alarm systems," "manual holdup alarm systems" and "burglary, robbery, trespass alarm." In addition, "alarm system" shall include and device known as a fire or medical alerting system. B. "Alarm system user" means any controlling individual, firm or corporation on whose premises an alarm system is maintained within the Village, except for alarm systems on motor vehicles or proprietary systems. If however, an alarm system on a motor vehicle is connected with an 1 alarm system at a premises (other than a proprietary system) the person using such system is an alarm system user. C. "Annual Period" shall mean the twelve months following the date of a Department response to a False Alarm. The Annual Period shall cease as of the conclusion of the twelve months following the date of response. It shall not again commence until the first Department response to a False Alarm. D. "Department" shall mean individually or both the Village's Police Department or Fire Department. E. "False alarm" means the activation of an alarm system without apparent, attempted or actual unauthorized entry or due to mechanical failure, malfunction, improper install ation, human error, or the negligence of the owner or lessee of an alarm system or of his employees or agents, whether or not the exact cause of the error or malfunction is identified, or any other activation of the signal when no actual emergency exists, other than for testing purposes. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, fire, area power failures, failures attributable to telecommunication service providers or other violent conditions which cause actual damage to a secure premises or alarm system components. F. "Fire Alarm" means a system designed to notify the Fire Department, or other outside monitoring agency, either automatically or by manual operation, of an actual or imminent fire. G. "Fire Department' means the Village of Buffalo Grove Fire Department. H. "Medical Alert System" means a system to notify the Fire Department, or other outside monitoring agency, of a medical emergency. I. "Police Department" means the Village of Buffalo Grove Police Department. I "Proprietary systems" is defined as a burglar and/or holdup alarm system that communicates a signal only to a point(s) within the interior of the protected premises. They alert or signal persons within the premises in which the alarm system is located of an attempted, unauthorized intrusion or holdup attempt If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this Chapter. K. "Subscriber" means a person, firm or corporation utilizing a receiving station alarm or digital dialer system and paying a fee thereof. L. "Village" shall mean the Village of Buffalo Grove, including its Fire Department and Police Department. 9.04.020 Alarm Svstem User Permit A. Every alarm system user shall obtain from the Village an annual alarm system user permit for each alarm system the alarm system user operates within the Village. B. The alarm system user applying for the permit required in subsection (A) of this section, shall state on a permit application form to be provided by the Village information such as, but not limited to: name, the address of the residence or business or businesses in, or upon which the alarm system has been or will be installed, telephone number, the type of alarm system (local, direct connect, central station, etc.), the alarm business or businesses selling, installing, monitoring, inspecting, responding to and/or maintaining the alarm system, and the name and telephone number of at least one other person (in the case of a commercial alarm system user applicant, at least two other persons) who can be reached at any time, day or night, and who is authorized to respond to an alarm signal and who can open the premises in which the system is installed. C. The information contained in an alarm system user permit application required by this section and other information received by the Village through correspondence or communications with an alarm user shall be securely maintained and restricted to inspection only by the Fire or Police Chief or certain officers or Village employees specifically assigned the responsibility for handling and processing alarm system user permits in the course of official duties. D. 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, or suspended operates an alarm system, shall be in violation of this Chapter. 9.04.030 Alarm Registration Fees. A. Alarm registration fee shall be ten dollars ($10) for both original and renewal permits for any single police or single fire alarm for any occupancy. Alarm registration fee shall be twenty ($20) for both original and renewal permits for any combination fire /police alarm for any occupancy. B. Local, state and federal government agencies shall be exempt from alarm registration fees. 9.04.040 Revocation or Susonsion of Permit- Police and Fire. A. The Chief of Police or the Fire Chief may, after notice and hearing, revoke or suspend an alarm user's permit under the following circumstances: • More than five false alarm responses within any; • Failure to pay false alarm fees or alarm registration fees as required by this Chapter; • Failure of an alarm system user to appear and turn off, reset or inspect an activated alarm system within one hour of police notification to do so; • Failure to comply with any provisions of this Chapter. B. Notice of the hearing for revocation or suspension of permit shall be given in writing, setting forth the grounds of the violation and the time and place of the hearing. Such notice shall be sent by certified mail, return receipt requested, to the permittee's last known address at least five days prior to the date set for the hearing. C. The permittee shall be permitted counsel and shall have the right to submit evidence and to cross - examine witnesses. The Chief of Police or Fire Chief shall preside and shall render the decision. D. Any person aggrieved by the decision of the Chief of Police or Fire Chief in connection with the revocation or suspension of the permit shall have the right to appeal to the Village Manager. Such appeal shall be taken by filing with the Village Clerk, within ten days after notice of a revocation or suspension, a written statement under oath setting forth specifically the grounds for appeal. The Village Manager shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the permittee. The decision of the Village Manager on such appeal shall be final. E. Any revocation or suspension shall not preclude prosecution and imposition of any other penalties. 9.04.050 Activation of Alarm. It is unlawful for any person to knowingly activate any alarm system for the purpose of summoning either Department, except in the event of an actual or attempted burglary, robbery, fire or medical emergency or for any person to notify the Department of an activated alarm, and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system, to fail at the same time to notify the Department of such apparent malfunction. 9.04.060 Automatic Systems. Unless previously approved by the Village, no person, firm or corporation shall use or cause or permit to be used, or engage in the business of providing any telephone device or telephone attachment that automatically selects a public t unkline of the Police or Fire Department of the Village and then reproduces any prerecorded message to report any robbery, burglary, fire, or other emergency. 9.04.070 Audible Devices. A. No person, firm or corporation shall install equipment or allow to exist on any alarm system: • Any outside audible device which emits electronically amplified audio sound through speaker, speaker horn, speaker driver, or other similar audio device; • Any mechanical device which produces audible sounds in any manner similar to sirens of emergency public safety vehicles of the Village; • Any outside audible device not equipped with an automatic shut off which will deactivate within five minutes of the initial alarm. B. Any activated system audible device in violation hereof, is declared a public nuisance and may be immediately abated by deactivation, disconnection or removed by any reasonable means by the Police Department or Fire Department. 9.04.080 Response to False Alarms- Police and Fire. For a Police and/or Fire Department response to any false alarms the Village shall charge and collect from the person having or maintaining such burglary and/or robbery or trespass alarm on premises owned or occupied by him or her, fees as follows: A. For the first through second response to premises at which no other false alarm has occurred within the Annual Period, no fee shall be charged. B. For any additional response to premises within the Annual Period, the following fees shall be charged: third through fifth, seventy -five dollars; sixth through ninth, one hundred dollars; tenth through twelfth, one hundred -fifty dollars, thirteen or more, two hundred -fifty dollars. 9.04.090 Violation - Penalties In addition to the revocation or suspension of a permit as provided herein, any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 of this Code. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication as of January 1, 2005. This ordinance may be published in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 — N ABSENT: 0 — None PASSED: August 30 2004. APPROVED: August 30 , 2004. PUBLISHED: August 31 , 2004. ATTEST: Vill Jerk APPROVED: Village President 4 N