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O-84-04ORDINANCE NO. 0-84-04 AN ORDINANCE AMENDING ARTICLE XIII, CHAPTER 7 OF THE MUNICIPAL CODE OF DEERFIELD Published in pamphlet form this 6th day of February , 1984, by the President and Board of Trustees of Deerfield. .t ORDINANCE NO. 0 -84 -04 AN ORDINANCE AMENDING ARTICLE XIII, CHAPTER 7 OF THE MUNICIPAL CODE OF DEERFIELD BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Chapter 7 of the Municipal Code of the Village of ONE: Deerfield of 1975, as amended, be and the same is fur- ther amended by deleting Article XIII and substituting in lieu thereof a new Article XIII, as follows: ARTICLE XIII BURGLAR AND HOLDUP ALARM SYSTEMS 7 -77.01 SHORT TITLE This ordinance shall be known and may be cited as an "Ordinance Regulating Burglar and Holdup Alarm Systems and Users." 7 -77.02 PURPOSE AND DEFINITIONS (a) The purpose of this ordinance is to provide minimum standards and regulations applicable to burglar and holdup alarm systems and alarm users as defined in this ordinance. (b) For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number \include the plural number. The word "shall" is always mandatory and not merely directory. (1) The term "Alarm System" means an assembly of equipment and devices (or a single device such as a solid state unit which plugs directly into a 110 volt AC line) arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. In this ordinance, the term "alarm system" shall include the terms "Automatic Holdup Alarm Systems," "Burglar Alarm systems," "Holdup Alarm Systems," and "Manual Holdup Alarm Systems ". Fire alarm systems and alarm systems which monitor temperature, humidity, or any other condition not directly related to the detection of an unauthor- ized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this ordinance. (2) The term "Alarm User" means any person 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 proprie- tary system) the person using such system is an alarm user. Also excluded from this definition and from the coverage of this ordinance are persons who use alarm systems to 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 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 ordinance. (3) The term "Annunciator" means the instrumentation on an alarm console at the receiving terminal of a signal line which through both visual and audible signals shows when an alarm device at a particular location has been activated or it may also indicate line trouble. (4) The term "Answering Service" refers to a telephone 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 communication center of the police department. (5) The term "Automatic Dialing Device" refers to 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. - 2 - (6) The term "Central Station" means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where guards are maintained continuously to investigate signals. (7) The term "Central Station Equipment" refers to the signal receiving, recording, or retransmitting equipment installed in the central station. (8) The term "Central Station System" means a system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded in, maintained, and supervised from a central station having trained operators and guards in attendance at all times. (9) The term "Direct Connect" means an alarm.system which has the capability of transmitting system signals to and receiving them at an agency main- tained by the local government; for example, a police communications center. (10) The term "Direct Line" means a telephone line leading directly from a central station to the communications center of the police department that is for use only to report emergency signals on a person -to- person basis. (11) The term "False Alarm" means the activation of an alarm system through mechanical failure, malfunc- tion, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, or other violent conditions. (12) The term "Holdup Alarm System" refers to an alarm system signaling a robbery or attempted robbery. (13) The term "Local Alarm System" refers to a signal- ing system which when activated causes an audible and /or- visual signaling device to be activated in or on the premises within which the system is installed. (14) The term "Manual Holdup Alarm System" refers to an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack. - 3 - (15) The term "Person" means any person, firm, partner- ship, association, corporation, company or organi- zation of any kind. (16) The term "Police Chief" means the Chief of the police department of the Village of Deerfield, or his designated representative. (17) The term "Police" or "Police Department" means the publicly supported police department of the Village of Deerfield or any authorized agent thereof. (18) The term "Primary Trunkline" means a telephone line leading directly into the communication center of the police department 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 issued by the telephone company and covering the service area within the police department's jurisdiction. (19) The term "Proprietary System" means an alarm system sounding and /or recording alarm and super- visory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises. If a proprietary system includes a signal line connected directly or by means of an automatic dialing device to a police communication center, a central station, modified central station or an answering service, it thereby becomes an "alarm system" as defined in this ordinance. (20) The term "Special Trunkline" means a telephone line leading into the communication center of the police department and having the primary purpose of handling emergency signals or messages origi- nating either directly or through a central loca- tion from automatic dialing devices. (21) The term "Subscriber" means a person who buys and /or leases, or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and /or service the alarm device. - 4 - (22) The term "Telephone Company" means the utility that furnishes telephone services to the Village. (23) The term "Village" means the Village of Deerfield, Illinois. 7 -77.03 APPLICATION FOR LICENSE BY ALARM BUSINESS Any person engaging in an alarm business in the Village shall possess a current and valid license issued by the Illinois Department of Registration and Education in the manner provided by law. 7 -77.04 AUTOMATIC DIALING SERVICE - INTERCONNECTION TO PRIMARY TRUNKLINES (a) No automatic dialing device shall be interconnected to a primary trunkline, and all automatic dialing devices interconnected to a primary trunkline shall be dis- connected therefrom. (b) Automatic dialing devices designed to transmit signals directly to the police department may be interconnected to a specific trunkline into the department. The police chief shall designate the number to be used for this purpose. (c) The owner or lessee of an automatic dialing device which is interconnected to a special trunkline trans- mitting directly into the police department shall pay the Village a fee of twenty -five dollars ($25.00) per year to cover the cost to the Village of providing the personnel to provide and monitor the special trunk - lines.. 7 -77.05 'AUTOMATIC DIALING DEVICE -- STANDARDS Automatic dialing devices installed on any premises within the Village which are interconnected to a special trunkline transmitting signals into the police department or to a telephone line directly serviced by telephone company operators that will be responded to by members of the police department shall meet the following minimum standards, as determined by the police chief: (a) The contents of the recorded message to be transmitted by such device must be intelligible and in a format approved by the police chief as appropriate for the type, of emergency being reported. - 5 - (b) Upon a single stimulus of the alarm device, an auto- matic dialing device may place two separate calls to the police department via the special trunkline. No such call shall be longer than one minute and fifteen seconds in duration. There must be at least three minutes between the completion of the first call and the initiation of the second, and the second call must be clearly identified as a second call. (c) Messages transmitted during such calls, stating the location and nature of the alarm condition shall not exceed fifteen (15) seconds in length. (d) The time gap between delivery of messages must be less than five (5) seconds. (e) All such devices shall be capable of transmitting an emergency message to two or more separate locations, so that upon activation any message may be sent not only on a special trunkline or a telephone line serviced directly by the telephone company operators but also to a location where an authorized person is available to respond to the emergency message, and to open the premises on which the device is installed. (f) The sensory apparatus and hardware comprising such devices shall be maintained by the owner or lessee in such physical condition that false alarms will be minimized. (g) This Section shall apply only to those automatic dial- ing devices interconnected to the communication center of the police department, any other municipal office or to telephone company operators. (h) Automatic dialing devices installed on any premises within the Village must be registered with the police department. 7 -77.06 DIRECT COMMUNICATIONS TO POLICE DEPARTMENT (a) Upon the favorable recommendation of the police chief and the approval of the Village Manager, alarms from business premises, financial institutions, and resi- dences may be terminated in the police department. (b) The police chief shall have the authority to request bids from licensed alarm companies (in accordance with the normal practice in the community) to furnish (when possible at no cost to the Village) a standard annunciator panel which is compatible to the receipt of alarm signals from subscribers whose lines terminate at the police department on the effective date of this ordinance for the purpose of annunciating all alarms in the communication center of the police department. The bids shall also state the annual service fee each alarm subscriber shall be required to pay the private alarm company for services rendered with respect to such annunciator panels by subscribers, and fee and charges related to the installation and maintenance of such panels. Any subscriber or alarm user who obtains authority from the police chief and Village Manager to terminate its alarm system in the police department may contract with any licensed alarm business of its choice for the sale, installation, maintenance, and /or servicing of the alarm system to be installed on its premises. (c) The alarm subscriber approved for a direct connection to the police department or the alarm businesses contracting for servicing the subscriber's alarm system, shall be responsible for obtaining the leased telephone line between subscriber's premises and the alarm receiving equipment, if required, in order to provide an input signal which is compatible with the receiving equipment used to operate the standard annunciator panel. (d) No alarm subscriber shall utilize a single pair of wires to transmit a burglar or holdup alarm signal and a fire or other emergency signal. All signals trans- mitted over such wires shall cause only one signal to be transmitted to the police department upon a single stimulus of the alarm device, and no pulsating or intermittent signal shall be allowed. (e) The provisions of this ordinance contained in 7 -77.10 and 7 -77.14 concerning alarm user permits and false alarms shall apply to all subscribers or persons having direct connect systems except municipal, county, and state agencies exempted by the Village Board. 7 -77.07 INSPECTION OF ALARM DEVICES AND BUSINESSES (a) For the purpose of enforcing the provisions of this ordinance, the police chief shall have the authority, at a mutually agreeable time, to enter any premises in the Village in or upon which alarm systems subject to this ordinance are located, to inspect the installation and /or operation of such alarm systems on official police business. - 7 - (b) If such inspection reveals any violations of the pro- visions of this ordinance, a written report detailing such violations shall be promptly sent to the Village Manager and to the owner, lessee or other person responsible for the alarm system in violation of this ordinance. Such report shall require the correction within thirty (30) days after receipt of the notice of the violation discovered, and shall state that a fail- ure to comply may result in the revocation of the alarm user's permit, in accordance with the provisions of this ordinance relating to revocation of licenses and permits. The alarm user shall be granted a reasonable extension of time to correct such violations upon good cause shown. 7 -77.08 TESTING OF EOUIPMENT No alarm system designed to transmit emergency messages directly to the police department shall be tested or demon- strated without first obtaining permission from the police chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the police department unless the messages are to be relayed to the police department. 7 -77.09 NOTICE OF DISRUPTION IN SERVICE When an alarm business's service 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 subscriber by telephone that protection is no longer being provided. If, however, the alarm business has written instructions from its subscriber not to make such notifications by telephone during certain hours, the alarm business may comply with such instructions. 7 -77.10 ALARM USER PERMITS (a) Permit -- Every alarm user shall obtain an alarm user permit for each alarm system he operates within this Village from the police chief. This paragraph does not require that licensed alarm businesses obtain a permit under this Section when it leases or provides services to alarm system users. If a licensed alarm business does, however, use an alarm system to protect its own premises, it shall obtain a permit for such system as required in this Section. (b) Alarm User Permit Application -- The alram user apply- ing for the permit required in paragraph (a) of this Section, shall state on a permit application form to be prepared by the police department and approved by the Village Manager: 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 person (in the case of a corporate alarm user applicant, at least two persons) who can be reached at anytime, 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) Alarm User Permit Fee -- There shall be a twenty -five dollar ($25.00) permit fee. (d) The information contained in an alarm user permit application required by this Section and other infor- mation received by the police chief 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 user permits in the course of official duties. The police chief or any employee of the Village shall not reveal the informa- tion contained in an alarm user permit application or in correspondence or communications with an alarm user to any other person for any purpose not related to this ordinance of official law enforcement matters and without the express written consent of the alarm user supplying such information. (e) 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, and after exhausting his rights to hearing and appeal fails to disconnect his alarm system, shall be in violation of this ordinance. 7 -77.11 REPAIR SERVICE Each alarm user in the Village shall obtain a service con- tract from a licensed alarm business or have such licensed alarm business available to him on a 24 hour basis to make Inspections and /or repairs which become necessary for the proper function of the alarm and to minimize false alarms. 7 -77.12 ALTERNATE POWER SOURCE Each alarm user in the Village shall provide an alternate source of power for his alarm system to prevent false alarms due to failure of power supplied from the utility company. Such alternate source of power shall provide power for a minimum of 40 hours. 7 -77 -13 OPERATING INTRUCTIONS (a) Every alarm business selling or leasing to any person an alarm system which is installed on such person's premises in the Village after the effective date of this ordinance shall furnish that person with instruc- tions that provide adequate information to enable persons using such device to operate it properly and, if the device is to be serviced or maintained by another alarm business, shall fursish such other alarm business with a manual or other information necessary to enable it to service or properly maintain such device. (b) If the police chief reasonably finds such information to be incomplete or unclear, or inadequate to explain how the device operates and is constructed, he may require the alarm business to revise the information to.meet his approval, and then to distribute the revised information to persons who have had such devices installed as well as to persons subsequently having such devices installed. - 10 - 7 -77.14 FALSE ALARMS (a) More than three (3) false alarms in any calendar year from any alarm system for which an alarm permit has been obtained may constitute grounds for revocation of such permit unless the alarm user pays the Village of Deerfield, after each such occurrence, according to the following schedule: 1 -3 Alarms no charge 4 -6 Alarms $25.00 each 7 -9 Alarms $50.00 each 10 -12 Alarms $75.00 each 13 or more Alarms $100.00 each All trouble alarms $10.00 after first three All alarms repair calls no charge (b) The police chief may determine an alarm system to be a public nuisance or adverse to the safety of the public. Upon such determination, the police chief shall notify the alarm user in writing by first class mail of such fact and require that the permit holder submit a report to the police chief within fifteen (15) days after receipt of such notice, describing efforts to discover and eliminate the cause or causes of the false alarms. If, however, the alarm user, by reason of absence from the Village or on any other reasonable basis requests an extension of time to file the report, the police chief shall extend the fifteen (15) day period for a reasonable period. If the permit holder fails to submit such a report within fifteen (15) days or within any such extended period, the police chief may revoke the user's permit and under such circumstances the user shall not be entitled to a hearing or appeal under this Section. (c) If the alarm user submits a report as required by paragraph (b) of this Section but the police chief determines that the report is unsatisfactory or that the alarm user has failed to show by the report that he has taken or will take reasonable steps to eliminate or reduce false alarms, then the police chief may issue written notice by first class mail of his intent to revoke or suspend the alarm user's permit. 7 -22.15 DENIAL OF APPLICATION Any application described in this ordinance may be denied for cause and that cause shall be available to the person making the application. - 11 - 7 -77.16 REVOCATION OR SUSPENSION OF PERMITS Any permit issued to an alarm user may be suspended or revoked by decision of the police chief. Reasons for suspension or revocation of a permit may be, but are not limited to, the following: (a) Violation of this ordinance or any of its provisions, or (b) Fraudulent information provided on the application for permit. The police chief shall make notification by first class mail of any suspension or revocation of a permit. 7 -77.17 NOTICE (a) Any alarm user may appeal the decision of the police chief in regards to denial of application or suspension or revocation of permit within ten (10) days of notice of such denial, suspension, or revocation, by filing a notice of appeal in writing to the Village Manager, and stating the basis for the appeal. (b) Within ten (10) days after the receipt of the notice of appeal, the Village Manager or his designated representative shall arrange for a conference with the applicant and the police chief to attempt to reach an agreement concerning the appeal. (c) If the conference fails to settle the matter in a way acceptable to the applicant, arrangements shall be made to have the appeal heard before the Village Board. The Village Manager shall cause the applicant to be given written notice of the hearing by certified mail at least seven (7) days in advance of the date of the hearing. Notices of such hearing shall also be posted as part of the Village Board's agenda for that meeting. The applicant may appear before the Village Board and the applicant or his designated representative may make an oral presentation of his appeal, or he may make the appeal through a written statement, or he may do both. The Village Board shall rule on the appeal within seven (7) days after it is heard, and such ruling shall be final. - 12 - 7 -77.18 SERVICE BY MAIL When a person or the Village, police chief, Village Manager, or Village Board has the right or is required to act or take some proceeding within a prescribed period pursuant to this ordinance, and service is made by mail, two days shall be added to the prescribed period. Whenever a person or the Village, police chief, Village Manager, or Village Board is required to make delivery by first class mail, delivery, in lieu thereof, may be made by hand by any person eighteen (18) years of age or older. 7 -77.19 PENALTIES FOR VIOLATION The failure of any person to: (a) obtain an alarm system user permit as required by this ordinance; (b) obey any order of the police chief or Village Board of suspension or revocation of an alarm user permit after such person has exhausted his rights to hearing or appeals; constitutes an offense punishable by fine of from five dollars ($5) to five hundred dollars ($500). Each day that such violation continues after the expiration of the period allowed for compliance under the provisions of this ordi- nance shall constitute a separate offense. 7 -77.20 LIABILITY OF VILLAGE LIMITED The Village shall take every reasonable precaution to assure that alarm signals and pre- recorded alarm messages received by the Village are given appropriate attention and are acted upon with dispatch. Nevertheless, the Village shall not be liable for any defects in operation of automatic protection devices and signal line systems, for any failure or neglect to respond appropriately upon receipt of an alarm from such source, nor for the failure or neglect to any person with a license as described herein or with a franchise, in connec- tion with the installation and operation of equipment, the transmission of alarm signals and pre- recorded alarm message, or the relaying of such signals and messages. In the event that the Village finds it necessary to disconnect a defective automatic protection device or signaling device, the Village shall incur no liability by such action. - 13 - 0 SECTION That all ordinances or parts of ordinances in conflict TWO: herewith are, to the extent of such conflict, hereby repealed. SECTION That the Village Clerk is hereby directed to publish THREE: this ordinance in pamphlet form. SECTION That this ordinance shall be in full force and effect FOUR: from and after its passage, approval and publication as provided by law. AYES: Jackson, Seidman, York, Forrest (4) NAYS: None. (0) ABSENT: Marovitz, Marty, Swanson (3) PASSED this 7th day of February A.D. , 1984. APPROVED this 7th day of February A.D. , 1984. VILLAGE PRESIDENT ATTEST: - 14 -