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1991-0403/13/91 ORDINANCE NO. 91- 40 AN ORDINANCE REGULATING ALARM SYSTEMS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the purpose of this ordinance is to provide minimum standards and regulations applicable to burglar and holdup and automatic alarm systems and alarm users as defined in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 9.04 of the Buffalo Grove Municipal Code is hereby amended to read as follows: CHAPTER 9.04 ALARM SYSTEMS Section 9.04.010 Definitions Section 9.04.020 Alarm System User Permit Section 9.04.030 Permit Fees Section 9.04.040 Revocation or Suspension of Permit Section 9.04.050 Activation of Alarm Section 9.04.060 Automatic Systems Section 9.04.070 Audible Devices Section 9.04.080 Response to False Alarms Section 9.04.090 Violation -- Penalties 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" - manual and automatic electronic equipment and all components including any telephone lines, e • arranged to detect an attempted or actual unauthorized intrusion into a premise or robbery at a premise 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 B. "Alarm system user" means any controlling individu al, 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 alarm system at a premises (other than a proprietary system) the person using such system is an alarm system user. C. "False alarm" means 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. Such terminolo- gy does not include, for example, alarms caused by hurri- canes, tornadoes, earthquakes, fire, or other violent condi- tions which cause actual damage to a secure premises or alarm system components. D. "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. :WZ o • 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 pre- mises, such system shall be within the definition of alarm system and shall be subject to this Chapter. 9.04.020 - Alarm System User Permit A. Every alarm system user shall obtain from the Village Police Department an annual alarm system user permit for each alarm system he operates within the Village. B. The alarm system user applying for the permit required in paragraph A. of this Section, shall state on a permit application form to be provided by the Police Depart- ment information such as, but not limited to, his name, the address of the residence or business or businesses in, or upon which the alarm system has been or will be installed, his 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 -3- o • 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 infor- mation received by the Police Department through correspon- dence or communications with an alarm user shall be securely maintained and restricted to inspection only by the 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 Sec- tion, or who, after having a permit revoked, or suspended operates an alarm system, shall be in violation of this Chapter. 9.04.030 - Permit Fees A. There shall be a $10.00 permit fee for the first calendar year; B. There shall be an annual renewal fee of $5.00; C. Permit fees for local, state and federal government agencies shall be exempt. 9.04.040 - Revocation or Suspension of Permit A. The Chief of Police may, after notice and hearing, revoke or suspend an alarm system user's permit under the following circumstances: -4- 1. More than five false alarm responses within any six (6) month period; 2. Failure to submit first and second response reports or demonstrate by such reports that satisfacto- ry steps have or will be taken to eliminate or reduce false alarms; 3. Failure to pay false alarms fees or permit fees as required by this Chapter; 4. 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; 5. 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 at his 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 shall preside and shall render the decision. D. Any person aggrieved by the decision of the Chief of Police in connection with the revocation or suspension of -5- 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 police, except in the event of an actual or attempted burglary, robbery or trespass, or for any person to notify the police 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 police 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 cm and then reproduces any pre- recorded message to report any robbery, burglary, fire, or other emergency. 9.04.070 - Audible Devices A. No person, firm or corporation shall install equip- ment or allow to exist on any alarm system: 1. An outside audible device which emits electron- ically amplified audio sound through speaker, speaker horn, speaker driver, or other similar audio device. 2. Any mechanical device which produces audible sounds in any manner similar to sirens of emergency public safety vehicles of the Village. 3. 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 hereby declared a public nuisance and may be immediately abated by deactivation, disconnection or removed by any reasonable means by the Police Department. 9.04.080 - Response to False Alarms A. For a police 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, fees as follows: 1. For the first response to premises at which no other false alarm has occurred within the first or last six months of any calendar year, no fee shall be -7- charged, but the person having or maintaining such burglary and /or robbery or trespass alarm shall, within three working days after notice to do so, make a writ- ten report to the Chief of Police on forms prescribed by him setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized serviceman, and such other information as the Chief of Police may reasonably require to determine the cause of such false alarm and corrective action necessary. 2. For a second response to premises within the first or last six months of any calendar year, no fee is charged, but a written report shall be required as for a first response and the Chief of Police shall be authorized to inspect or cause to be'- inspected the alarm system at such premises, prescribe necessary corrective action, and give notice to the person having or maintaining such alarm system of the conditions and requirements of this Section. 3. For any additional response to premises within the first or last six months of any calendar year, the following fees shall be charged: third through fifth $50.00, sixth through ninth $75.00, tenth or more $150.00. 9.04.080 - Violation -- Penalties In addition to the revocation or suspension of a permit as provided for herein, any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 hereof. Section 2. This ordinance shall be effective from and after its passage, approval and publication except that Sections 9.04.020 and 9.04.070 shall not be effective until 90 days after the effective date of this ordinance. This ordinance may be pub- lished in pamphlet form. AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley, Kahn NAYES : 0 - None ABSENT: 0 - None PASSED: March 18 , 1991. APPROVED: March 18 , 1991. PUBLISHED: March 19 , 1991. ATTEST: Village Clerk, APPROVED• Village President MM VILLAGE OF BUFFALO GROVE ORDINANCE N0. ADOPTED BY THE PRESIDENT �? AND BOARD OF TRUSTEES OF THE VILLAGE OF JUFFALO GROVE / THIS DAY OF 197/ Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this _ day of 9 /-L- . l:age'Clerk By Deputy Village Clerk r 3/13/91 ORDINANCE NO. 91- 40 AN ORDINANCE REGULATING ALARM SYSTEMS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the purpose of this ordinance is to provide minimum standards and regulations applicable to burglar and holdup and automatic alarm systems and alarm users as defined in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 9.04 of the Buffalo Grove Municipal Code is hereby amended to read as follows: CHAPTER 9.04 ALARM SYSTEMS Section 9.04.010 Definitions Section 9.04.020 Alarm System User Permit Section 9.04.030 Permit Fees Section 9.04.040 Revocation or Suspension of Permit Section 9.04.050 Activation of Alarm Section 9.04.060 Automatic Systems Section 9.04.070 Audible Devices Section 9.04.080 Response to False Alarms Section 9.04.090 Violation -- Penalties 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" - manual and automatic electronic equipment and all components including any telephone lines, arranged to detect an attempted or actual unauthorized intrusion into a premise or robbery at a premise 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 ". B. "Alarm system user" means any controlling individu al, 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 alarm system at a premises (other than a proprietary system) the person using such system is an alarm system user. C. "False alarm" means 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. Such terminolo- gy does not include, for example, alarms caused by hurri- canes, tornadoes, earthquakes, fire, or other violent condi- tions which cause actual damage to a secure premises or alarm system components. D. "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. CM 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 pre- mises, such system shall be within the definition of alarm system and shall be subject to this Chapter. 9.04.020 - Alarm System User Permit A. Every alarm system user shall obtain from the Village Police Department an annual alarm system user permit for each alarm system he operates within the Village. B. The alarm system user applying for the permit required in paragraph A. of this Section, shall state on a permit application form to be provided by the Police Depart- ment information such as, but not limited to, his name, the address of the residence or business or businesses in, or upon which the alarm system has been or will be installed, his 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 -3- 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 infor- mation received by the Police Department through correspon- dence or communications with an alarm user shall be securely maintained and restricted to inspection only by the 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 Sec- tion, or who, after having a permit revoked, or suspended operates an alarm system, shall be in violation of this Chapter. 9.04.030 - Permit Fees A. There shall be a $10.00 permit fee for the first calendar year; B. There shall be an annual renewal fee of $5.00; C. Permit fees for local, state and federal government agencies shall be exempt. 9.04.040 - Revocation or Suspension of Permit A. The Chief of Police may, after notice and hearing, revoke or suspend an alarm system user's permit under the following circumstances: -4- M 1. More than five false alarm responses within any six (6) month period; 2. Failure to submit first and second response reports or demonstrate by such reports that satisfacto- ry steps have or will be taken to eliminate or reduce false alarms; 3. Failure to pay false alarms fees or permit fees as required by this Chapter; 4. 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; 5. 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 at his 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 shall preside and shall render the decision. D. Any person aggrieved by the decision of the Chief of Police in connection with the revocation or suspension of -5- 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 police, except in the event of an actual or attempted burglary, robbery or trespass, or for any person to notify the police 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 police of such apparent malfunction. 9.04.060 - Automatic Svstems 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 pre- recorded message to report any robbery, burglary, fire, or other emergency. 9.04.070 - Audible Devices A. No person, firm or corporation shall install equip- ment or allow to exist on any alarm system: 1. An outside audible device which emits electron- ically amplified audio sound through speaker, speaker horn, speaker driver, or other similar audio device. 2. Any mechanical device which produces audible sounds in any manner similar to sirens of emergency public safety vehicles of the Village. 3. 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 hereby declared a public nuisance and may be immediately abated by deactivation, disconnection or removed by any reasonable means by the Police Department. 9.04.080 - Response to False Alarms A. For a police 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, fees as follows: 1. For the first response to premises at which no other false alarm has occurred within the first or last six months of any calendar year, no fee shall be -7- charged, but the person having or maintaining such burglary and /or robbery or trespass alarm shall, within three working days after notice to do so, make a writ- ten report to the Chief of Police on forms prescribed by him setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized serviceman, and such other information as the Chief of Police may reasonably require to determine the cause of such false alarm and corrective action necessary. 2. For a second response to premises within the first or last six months of any calendar year, no fee is charged, but a written report shall be required as for a first response and the Chief of Police shall be authorized to inspect or cause to be inspected the alarm system at such premises, prescribe necessary corrective action, and give notice to the person having or maintaining such alarm system of the conditions and requirements of this Section. 3. For any additional response to premises within the first or last six months of any calendar year, the following fees shall be charged: third through fifth $50.00, sixth through ninth $75.00, tenth or more $150.00. WE • .. ti ti r 9.04.080 - Violation -- Penalties In addition to the revocation or suspension of a permit as provided for herein, any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 hereof. Section 2. This ordinance shall be effective from and after its passage, approval and publication except that Sections 9.04.020 and 9.04.070 shall not be effective until 90 days after the effective date of this ordinance. This ordinance may be pub- lished in pamphlet form. AYES: 6 - Marienthal Reid Shifrin Mathias O'Malley. Kahn NAYES : 0 - None ABSENT: 0 - None PASSED: March 18 , 1991. APPROVED: March 18 , 1991. PUBLISHED: March 19 , 1991. APPROVED- Vi llage President ATTEST:',!);; r; Vi1�.age Clerk. \, -9-