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HomeMy WebLinkAboutOrd 4498 12/01/1992 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE XVII ENTITLED "ALARM SYSTEMS" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the ..1st day of December . , 1992 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 2n~ . day of December , 1992. CA / 11/12/92 ORDINANCE NO. 4498 AN ORDINANCE AMENDING ARTICLE XVII ENTITLED "ALARM SYSTEMS" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article XVII entitled "Alarm Systems" of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Article XVII shall be and read as follows: "ARTICLE XVII ALARM SYSTEMS SECTION: 23.1701 Definitions 23.1702 License Required 23.1703 Application for License 23.1704 License Fee 23.1705 Issuance of Alarm System License and Inspection 23.1706 Display Alarm System License 23.1707 Duration of Alarm System License 23.1708 Updating Alarm System Application 23.1709 Transfer of Alarm System License Prohibited 23.1710 Alarm System Pos%lng Requirements 23.1711. Al.arm System Deactivation Requirements 23.1712 Automatic Telephone Alarm Prohibited 23.1713 False Alarms Prohibited 23.1714 Charges for Response to False Alarms and Reports 23.1715 Suspension or Revocation of Alarm System License 23.1716 Appeal Procedure 23.1717 Grace Period for False Alarms 23.1718 Penalties 23.1719 Severability Clause Seo. 23.1701. Definitions. For the purpose of this Article, the following words and terms shall have the following meanings: ALARM SYSTEM: Any security device installed for the purpose of alerting others to an unauthorizedentry on the premises, the commission of an unlawful act or a fire emergency. AUTOMATIC A telephone device or telephone attachment TELEPHONE ALARM: which automatically relays a prerecorded message to report a robbery, burglary or fire emergency by means of a telephone line which terminates upon a central switchboard. FALSE ALARM: An alarm system activated by any one or more of the following causes: A. Mechanical failure; B. Malfunction of the alarm system; C. ImProper installation or maintenance of the alarm system; D. Wilful or negligent act of a person under the control or direction of the licensee of an alarm system; AlarmSystems Page 2 of 6 E. Any other cause not related to an actual or attempted unauthorized entry on the premises, the commission of an unlawful act or a fire emergency; provided, however, that any alarm activated by natural causes including, but not limited to, tornadoes and severe windstorms, or by malicious acts of persons not under the direction or control of the licensee of an alarm system or any other cause clearly beyond the control of the licensee shall not be considered a false alarm. LICENSEE Any person, firm or Corporation who has obtained an Alarm System License pursuant to the provisions of this Article XVII. " Sec. 23.1702. License Require4. It shall be unlawful for any person, firm or corporation to install or maintain an alarm system designed or intended to be used to signal an unauthorized entry on the premises, the commission of an unlawful act or any other emergency at the premises when such alarm system is located without first having obtained a license therefor from the Police Department of the Village of Mount Prospect. Sec. 23.1703. Applica~ion'for License. A. The application for license, as required herein, or renewal thereof shall be filed with the Chief of Police of the Village and shall be accompanied by the license fee, as set forth in Section 23.1704 below. B. The application for license and/renewal of license shall be made on forms provided by the Police Department and shall contain the following information: 1. Name and address of the applicant. 2. Name and address of the premises where the alarm system is located. 3. The names, addresses and telephone n~mbers of at least three (3) persons responsible for the premises where the alarm system is located and who should be contacted to deactivate the alarm system. 4. The name, address and telephone number of the person, firm or corporation authorized to deactivate the alarm system when no person listed in paragraph c herein can be reached. 5. The name, address and telephone number of the person, firm or corporation which installed the alarm system and of the person, firm or corporation responsible for the maintenance and repair of the alarm system. Sec. 23.1704. License Fee. The annual license fee for an Alarm System shall be Ten Dollars ($10.00). If the annual license fee for an existing alarm system is received after February 1st of the year for which the license is required, the license fee Shall be Twenty Dollars ($20.00). Alarm Systems Page 3 of 6 Sec. 23.1705. Issuance of Alarm system License and Inspection. The Chief of Police of the Village shall issue a license for an alarm system, except for an unauthorized automatic telephone alarm, within fifteen (15) days after a completed application for license, accompanied by the annual license fee, is filed. Prior to the issuance of such alarm system license, the Chief of Police may inspect or cause to be inspected the alarm system for which a license has been requested. Sec. 23.1706. Display Alarm System License. The person, firm or corporation having obtained an Alarm System License, as prOVided herein, shall be required to display said license in an area visible from the outside of the premises. Sec. 23.1707. Duration of Alarm System License. Analarm system license issued pursuant to the provisions of this Article shall remain in full force and effect for the calendar year issued or until suspended or revoked or until the alarm system is removed from the premises for which the license has been issued or such alarm system is no longer being used or an alarm system licensee ceases to maintain the alarm system for which the license was issued. Sec. 23.1708. Updating Alarm System Application. It shall be unlawful for any alarm system licensee to fail or refuse to amend its alarm system license application with ten (10) days after any of the information required and contained in the application is or becomes outdated and inaccurate. Sec. ,23.1709. Transfer of Alarm System License Prohibited. No alarm system license shall be transferred or assigned to another person, firm or corporation. Sec. 23.1710. Alarm System Posting Requirements. The person, firm or corporation having an Alarm System License shall be required to post or cause to be posted, at or near the location where such alarm system can be deactivated, a notice containing the name, address and telephone number of the person, firm or corporation responsible for the maintenance and repair of such alarm system. Sec. 23.1711. Alarm SystemDeactivation Requirements. It shall be unlawful for any licensee to'cause or permit an alarm system for which a license has been issued pursuant to this Article to permit or cause such alarm system to sound in excess of our hour. Sec. 23.1712. Automatic Telephone Alarm Prohibited. No person, firm or corporation shall install or cause to be installed, or maintain any automatic alarm in the Village of Mount Prospect. Such automatic telephone alarms shall be considered a nuisance and are prohibited. Nothing in this Section shall apply to automatic telephone alarms for handicapped persons authorized by the Chief of Police of the Village of Mount Prospect. Sec. 23.1713. False Alarms Prohibited. It shall be unlawful for any person to knowingly activate an alarm system for the purpose of summoning the Police except if such person knows or suspects that there is an actual or attempted unauthorized entry on the premises, commission of an unlawful act or a fire emergency. Alarm Systems Page 4 of 6 Sec. 23.1714. Charges for Response to False Alarms and Reports. A. If the village Police Department responds to more than two (2) false alarms in a calendar year at the same premises, the licensee of such alarm system shall pay the Village the following amounts within thirty (30) days after the response for which the charge is made= 3rd response $10.00 4th response $20.00 5th response $50.00 6th response $60.00 7th response $75.00 8th response $75.00 9th response $75.00 10 or more responses $100.00 per response B. Within five (5) days after the Village Police Department responds to an alarm, the Police Department shall mail a report to the alarm system licensee which shall specify the cause of the alarm and state whether the alarm will be considered a false alarm. C. Within fifteen (15) days after notification that an alarm has been considered a false alarm, the alarm system licensee may file a written request with the Chief of Police, on a form available from the Police Department, requesting reconsideration whether such alarm was false. Such request shall state the licensee's opinion with respect to the cause of the alarm and shall indicate the facts upon which the licensee bases its opinion. D. Within five (5) days after the Chief of Police receives a request for reconsideration from the licensee, the Chief of Police shall determine whether the alarm was false or not and shall notify the licensee of his decision in writing by personal delivery or by certified mail, return receipt requested. Sec. 23.1715. Suspension or Revocation of ~larm System License. A. If the Police Department responds to more than ten (10) false alarms at the same premises in a calendar year, the Chief of Police may initiate alarm system license suspension or revocation proceedings by forwarding a written request for such a proceeding, along with any and all reports of false alarms at such premises, to the Village Manager of the Village of Mount Prospect to consider such action. B. Upon receipt of such a request from the Chief of Police, the Village Manager shall set a date for a hearing to consider whether a licensee's alarm system license should be suspended or revoked. The Village Manager shall cause a written notice to be mailed to the licensee by certified mail, return receipt requested, informing the licensee of such hearing. Said notice shall be mailed at least fifteen (15) days prior to the date of such hearing. C. The Village Manager shall preside at hearings held for the purpose of considering the suspension or revocation of an alarm system license. The Chief of Police and the licensee shall be permitted to present evidence. The Village Manager shall determine whether to suspend or revoke a licensee's Alarm Systems Page 5 of 6 alarm system license within fourteen (14) days after the close of such hearing and shall notify the licensee of his decision in writing by personal delivery or by certified mail, return receipt requested. If it is the determination of the Village Manager that said alarm system license be suspended or revoked, said notice shall contain the basis for the decision of the Village Manager. D. In determining whether to suspend or revoke an alarm system license, the Village Manager shall consider the following: 1. The number of false alarms at the premises. 2. Whether the alarm system licensee has responded to deactivate false alarms within one hour, as required in Section 23.1711 of this Article. 3. The efforts made, if any, by licensee to control, direct and instruct employees with regard to the proper use of the alarm system. 4. The efforts made, if any, by licensee to repair and maintain the alarm system in proper working order. 5. Any other matter the Village Manager deems relevant. Sec. Z3.1716. Appeal Procedure. Any licensee aggrieved by the action of the Village to suspend or revoke any alarm system license shall have the 'right appeal to the President and Board of Trustees. A. Such appeal shall be made to the Village Board, or designated person, within seven (7) days after the notice of said decision of the Village Manager has been received bylicensee. The appeals shall contain a written statement setting forth the grounds for appeal. No licensee may appeal to the Village Board unless a timely request for a hearing before the Village Manager, as set forth in Section 23.1715, has been made by said licensee. B. The President and Board of Trustees of the Village shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the manner provided herein. C. The appellant shall have the right to be. represented at such hearing by legal counsel. D. The decision and order of the President and Board of Trustees of the village following such appeal shall be final and conclusive. E. No alarm system license shall be revoked or suspended: 1. During the pendency of an appeals before the President and Board of Trustees of the Village, nor 2. While litigation is pending in any court challenging the decision of the President and Board of Trustees, nor 3. While any appeal is pending for any court's action overriding or reversing the Board's action, nor 4. During the time within which such appeals from a court's action can lawfully be taken. larm System Page 6 of 6 Sec. 23.1717. Grace Period for False Alarms. The licensee shall be given a grace period of thirty (30.) days following the installation of an alarm system before an alarm shall be considered a false alarm. Sec. 23.1718. Penalties. Any person, firm or corporation convicted of a violation of any of the provisions of this Article shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense. Each day such violation continues shall be considered a separate offense. Sec. 23.1719. Severability Clause. If any provision or part of this Article XVII is declared invalid and of no further force and effect, the other provisions of this Article shall remain in full force and effect. " SECTION TWO: That this Ordinance shall be in full force and effect from and after its. passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Floros, Hoefert, Wilks NAYS: None ABSENT: None PASS: Busse PASSED and APPROVED this 1st day of December, 1992. Leo Floros Village President, Pro Tem ATTEST: Village Clerk