92.01 Title
92.02 Purpose
92.03
Definitions
92.04 All alarm users subject to ordinance requirements
92.05
Alarm user permit required
92.06 Alarm user permit application - where required
92.07
Audible alarm requirements
92.08 Automatic dialing alarm systems
92.09 False alarms;
false alarm service
charges;
notifications
92.10
Alarm user permit revocation
92.11
Testing alarm equipment
92.12
No warranty; no liability of village
92.99 Penalty
Section:
92.01 TITLE
This chapter shall be known as the Burglary Alarms
Chapter.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
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92.02
PURPOSE.
The purpose
of this chapter is to regulate burglary alarms (to which the Police are expected to
respond) in order to protect the village police emergency services from misuse.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
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92.03 DEFINITIONS.
For purposes of this chapter, the following definitions
shall apply:
"ALARM COMPANY." Any person,
firm, partnership, corporation, association, organization, or other business entity which
sells, leases, maintains, services, repairs, alters, replaces, moves, or installs alarms
located in or on any building, structure or facility.
"ALARM." An assembly of
equipment and devices, mechanical or electrical, arranged to signal the occurrence of any
unauthorized entry, or attempted entry, such as a burglary, upon a premises in the
village, to which Police are expected to respond.
"ALARM USER." Any person,
firm, partnership, corporation, association, organization, or other business entity that
owns, leases, occupies or controls any premises within the village on/in which there is
maintained an alarm, whether or not a permit is required.
"AUDIBLE ALARM." An alarm
which, when activated, causes an audible signal to be activated in or on the premises
within or on which the alarm is located.
"AUTOMATIC DIALING ALARM."
An alarm which, upon activation, automatically sends over telephone lines or by radio
waves, without human activation of the alarm, a signal or prerecorded voice message to the
Police Department indicating the existence of an emergency situation, such as a burglary,
to which Police are expected to respond.
"ALARM MONITORING COMPANY."
Any person, firm, partnership, corporation, association, organization, or other business
entity that engages in the business of monitoring alarms and reporting any activation of
such alarms to the Police Department.
"CHIEF OF POLICE."
The
Village of Tinley Park Chief of Police or his designee.
"ALARM DIRECTOR." The
Village of Tinley Park Alarm Director or his designee.
"FALSE ALARM."
The
activation of an alarm or transmission of any alarm signal caused by human error,
mechanical or electronic malfunction, improper installation, the negligence of the alarm
user or alarm user's employee or agent, whether or not the exact cause of the alarm
activation is determined, or any other activation or transmission of any alarm signal
where there is no evidence of an actual or attempted burglary or other activity that
warrants a call for immediate police assistance. A false alarm shall not include an alarm
activation caused by severe weather, power outages, transmission line malfunctions, acts
of God, and malicious acts of persons not under the control of the alarm user.
"NOTICE."
Written notice
given by personal service or by certified mail via the United States Postal Service,
postage paid, to the addressee's last known mailing address.
"ALARM USER PERMITTEE." Any
alarm user that has been issued an alarm user permit by the village.
"PERSON."
Any natural
person, or any firm, partnership, corporation, association, organization, or other
business entity.
"PROTECTED PREMISES."
Any
building, structure, facility or property, or any portion thereof, where an alarm is
maintained to which the Police are expected to respond.
"VILLAGE." The Village of
Tinley Park, Illinois.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
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92.04 ALL ALARM USERS SUBJECT TO ORDINANCE REQUIREMENTS.
All alarm users within the village shall be required to
comply with all substantive regulations and requirements of this chapter regardless of
whether or not an alarm user permit is required under ' 92.05.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
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92.05
ALARM USER PERMIT REQUIRED.
All alarm users shall obtain an alarm user permit for each
alarm maintained or operated within the village that is not for an exclusively residential
use. Where required, no alarm user shall use, own or lease an alarm or control a protected
premises for which an alarm user permit has been revoked. A separate alarm user permit
shall be obtained for each protected premises that is not for an exclusively residential
use.
(Ord. , passed ) Penalty, see ' 92.99
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92.06 ALARM USER PERMIT APPLICATION - WHERE REQUIRED.
(A) Applications. Applications for an
alarm user permit shall be filed with the Village Alarm Director, on forms supplied by the
Police Department. The application shall include the following:
(1) The full legal name, address, and telephone number
of the applicant. The applicant's type of business organization (sole proprietorship,
partnership, corporation) -- if a partnership, the names and addresses of the partners; if
a corporation, the names and addresses of the principal officers and the state where
incorporated; and
(2) The name, address and telephone number of the
premises where the alarm is to be located; and
(3) The type of alarm to be maintained at the premises;
and
(4) The names and telephone numbers of three
individuals who can be reached, day or night, who will respond to the protected premises
in the event of an emergency or to reset or deactivate an activated alarm, and who can
contact the alarm user if the alarm user is not at the protected premises; and
(5) The name, address and telephone number of any alarm
monitoring company responsible for any alarm on the protected premises; and
(6) The name, address, and telephone number of any
person or persons who installed the alarm.
(B) Incomplete applications. Incomplete applications
shall be returned to the applicant. No alarm user permit shall be issued until a completed
application is received and approved by the Alarm Director, and until the applicable alarm
user permit fee.
(C) Alarm user permit fees. All alarm user permit
applicants shall submit to the Village Treasurer a one-time alarm user permit fee of $25
for all alarm user permits, which fee shall be paid in advance, at the time of
application.
(D) Proration of fees. If an application is made for an
alarm user permit after June 1st of any year, the applicant shall be charged a fee equal
to one-half of the applicable alarm user permit fee.
(E) Term of alarm user permits. All alarm user permits
shall terminate on December 31st of each year.
(F) Annual alarm user permit renewal. An annual alarm
user permit renewal fee, in the amount set forth above, shall be due and payable to the
village on January 1st of each year. Each alarm user shall annually submit a renewal
application, in the same form as the original application, as required under ' 92.05.
(G) Alarm user duty to update permit information.
Permitted alarm users shall give the village notice of any changes in the information
provided on the alarm user permit applications within 14 days of the date on which any
such information becomes outdated or inaccurate. Notice of the changes shall be made in
writing or by submittal of an amended alarm user permit application incorporating the
changes.
(H) Alarm user permit denial. An application for an
alarm user permit, or renewal thereof, may be denied if:
(1) The applicant has failed to make timely payment of
any fees, charges, or fines required under this chapter including false alarm service
charges, alarm user permit fees or renewal fees; or
(2) The applicant is maintaining or operating an alarm
in violation of this chapter; or
(3) There is a false statement of a material matter in
the application for the alarm user permit or renewal therefor.
(Ord. , passed )
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92.07
AUDIBLE ALARM REQUIREMENTS.
Audible alarms shall conform with the following
requirements:
(A) Audible alarms shall not create a sound similar to
that of the village's civil defense warning system; and
(B) Audible alarms shall automatically discontinue
emitting an audible sound within 15 minutes after activation.
(Ord. , passed )
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92.08 AUTOMATIC DIALING ALARM SYSTEMS.
No alarm user shall maintain or operate any automatic
dialing alarm system within the village which causes a signal or prerecorded voice message
to be automatically sent to the Police Department, over telephone lines or by radio waves,
without human activation of the alarm.
(Ord. , passed ) Penalty, see '
92.99
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92.09 FALSE ALARMS; FALSE ALARM SERVICE CHARGES; NOTIFICATIONS.
(A) Duty to minimize false alarms. In an effort to
ensure alarm reliability and to minimize the occurrence of false alarms, alarm user permit
holders shall take affirmative steps to adequately train their alarm personnel and to
update and regularly maintain their alarm systems such that false alarms rarely occur,
especially false alarms which result from equipment malfunctions, improper installations
of alarms and/or any form of human error with respect to operation and/or maintenance of
such alarms.
(B) Recordation of false alarms. The Alarm Director
shall maintain a record of all false alarms.
(C) Notification of false alarms. The Alarm Director
shall notify the alarm user, in writing, of each occurrence of a false alarm, which notice
shall demand payment of a specified amount due and payable pursuant to the charges
provided for in this chapter.
(D) Appeal of false alarm finding. The alarm user shall
be entitled to submit a written report to the Alarm Director provided that the alarm user
files such a written report within 14 days from the date of mailing or personal delivery
of the Alarm Director's notice of the false alarm. In the report, the alarm user may offer
evidence of circumstances that may warrant voiding the Alarm Director's recordation of the
false alarm. Such evidence may include facts showing that the alarm's activation was
caused by severe weather, power outages, transmission line malfunctions, acts of God, or
malicious acts of persons not under the control of the alarm user. Within 14 days of the
Alarm Director's receipt of the alarm user's written report, the Alarm Director shall
review the alarm user's report and issue a written finding to the alarm user as to whether
or not the false alarm will be voided. The finding of the Alarm Director shall be final.
(E) False alarm service charges. For each false alarm
recorded for a protected premises in excess of four in any calendar year (January 1st
through December 31st), the alarm user permittee shall be charged a false alarm service
charge as follows:
5 - 7 false
alarms: $100.00 per false alarm
8 - 10 false
alarms: $200.00 per false alarm
11 or more $300.00
per false alarm
(F) False alarm service charge collection. All false
alarm service charges shall be paid to the Village Treasurer within 30 days from the date
of the Alarm Director's notice thereof.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
Penalty, see ' 92.99
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92.10 ALARM USER PERMIT REVOCATION.
(A) Permit revocation. The Alarm Director or the
Chief of Police may revoke any permit issued pursuant to the provisions of this chapter,
if he determines that:
(1) An alarm has been installed, maintained or operated
in violation of the provisions of this chapter; or
(2) There is a false statement of a material matter in
the application for the alarm user permit; or
(3) The permitted alarm user has failed to make timely
payment of any charge, fee or fine required under this chapter; or
(4) There have been 11 or more false alarms on a
protected premises within a calendar year (January 1st through December 31st).
(B) Effect of revocation. Where an alarm permit is
required, no alarm user shall operate an alarm during any period in which the alarm user
permit issued therefor has been revoked. Unless there is a separate indication that there
is a crime in progress, the Chief of Police may refuse to respond to an activated alarm
for which the alarm user permit has been revoked.
(C) Notice and hearing. Prior to revoking any alarm
user permit issued pursuant to this chapter, the Alarm Director shall provide the alarm
user with written notice, via certified mail or personal delivery, setting forth the
grounds for said revocation. The alarm user shall be entitled to submit a written report
to the Alarm Director provided that the alarm user submits such a written report within 14
days from the date of mailing or personal delivery of the Alarm Director's notice of the
revocation. In the report, the alarm user may describe actions that have been taken or
will be taken to identify and eliminate the cause or causes of the false alarm(s). The
Alarm Director shall determine whether the actions that have been taken or that will be
taken will substantially reduce the likelihood of false alarms, if such revocation is
based on the occurrence of eleven or more false alarms; or, whether the alarm user has
effected compliance with the provisions of this chapter, if the revocation is based on any
grounds for revocation other than excessive false alarms. Within 14 days of the Alarm
Director's receipt of the alarm user's written report, the Alarm Director shall issue a
written notice to the alarm user via certified mail or personal delivery, regarding
whether or not the alarm user permit will be revoked.
(D) Appeal of Alarm Director's decision. An alarm user
whose permit has been revoked by the Alarm Director may, within 14 days of his receipt of
the notice of revocation, appeal the Alarm Director's decision by filing a written request
for an informal hearing with the Chief of Police in accordance with the following:
(1) The Alarm User shall be entitled to an informal
hearing with the Chief of Police provided that the alarm user requests said informal
hearing, in writing via personal delivery or certified mail to the Chief of Police, within
14 days from the date of his receipt of the Alarm Director's written revocation notice.
The Chief of Police shall serve written notice of the time and place of the informal
hearing on the alarm user, by certified mail or personal delivery, within 14 days of the
alarm user's request for the informal hearing. Unless otherwise mutually agreed to by the
Chief of Police and the alarm user, the informal hearing shall occur within 21 days of the
alarm user's request for the hearing.
(2) At the informal hearing, the alarm user may offer
evidence of his compliance with the provisions of this chapter and/or, in the case of
revocation based on excessive false alarms, evidence of actions that the alarm user has
taken or will take to identity and eliminate the cause or causes of the false alarms. In
the case of revocation based on eleven or more false alarms in a calendar year, the Chief
of Police shall determine whether the alarm user's remedial efforts (or proposed efforts)
will substantially reduce the likelihood of false alarms and the Chief of Police shall
issue to the alarm user, via certified mail or personal delivery, written findings
regarding such determination and a written order regarding the revocation of the alarm
user's permit. In the case of revocation based on grounds other than excessive false
alarms, the Chief of Police shall determine whether the alarm user has effected compliance
with the provisions of this chapter and shall issue to the alarm user, via certified mail
or personal delivery, written findings regarding such determination and a written order
regarding the revocation of the alarm user's permit. In either case, the Chief of Police
shall render a final decision regarding the revocation within 14 days of the hearing.
(Ord. , passed )
This chapter shall be known as the Burglary
Alarms Chapter.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
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92.11
TESTING ALARM EQUIPMENT.
No alarm user shall conduct, or cause to be
conducted, any test or demonstration of any alarm that results in notification of the
alarm's activation to the Police Department without first obtaining permission from the
Alarm Director. Permission to test shall not be required when the alarm to be tested is
connected to an alarm monitoring company and/or no signal or notice of the alarm's
activation is relayed to the Police Department.
(Ord. , passed ) Penalty, see '
92.99
This chapter shall be known as the Burglary
Alarms Chapter.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
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92.12 NO WARRANTY; NO LIABILITY OF VILLAGE.
(A) No warranty. The issuance of any permit required by
this chapter shall not constitute any type of warranty of the alarm or any associated
equipment, or waiver of the village's tort immunity as outlined below.
(B) No liability. Issuance of any permit required under
this chapter shall be specifically subject to the village's immunity from liability as set
forth in ' 2-206 of the Local Governmental and Governmental Employees Tort Immunity Act
(ILCS 745, Act 10 ' 2-206), as amended. Such immunity includes, but is not limited to,
liability for any defects in the operation of any alarm, for any failure or neglect of any
person associated with the installation, operation or maintenance of any alarm, for any
failure or neglect of any alarm user, for the transmission or receipt of alarm signals or
any failure or neglect to respond upon receipt of an alarm signal from any source. In the
event the village finds it necessary to revoke an alarm user permit or otherwise provide
for the disconnection of any alarm, the village shall have no liability for such action.
(Ord. , passed )
This chapter shall be known as the Burglary Alarms
Chapter.
(Ord. , passed 3-2-82; Am. Ord. ,
passed )
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92.99
PENALTY.
Any person, firm or corporation violating any of the
provisions of this chapter shall be fined not less than $25.00 nor more than $750.00. Each
day that such violation exists shall constitute a separate and distinct offense.
(Ord. , passed 3-2-82; Am. Ord.
, passed )
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