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HomeMy WebLinkAboutORDINANCES-1982-025-O-822/19/82 • • 25-0-82 AN ORDINANCE Regulating The Installation And Use of Alarm Systems WHEREAS, an increase in false burglar and fire alarms has proven- costly to the Evanston Police Department in the demand made upon personnel i -and has deprived the community of protection otherwise available; and WHEREAS, the Illinois Commerce Commission standards prohibit j automatic dialing alarms from being connected to emergency public incoming line systems; and WHEREAS,.public welfare and safety require the licensing and I control of alarm systems in use by businesses and persons and prevention - i of the abuse of such alarm systems; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY I i! OF EVANSTON, COOK COUNTY, ILLINOIS: 11 �I SECTION 1: That Title 9 of the Code of the City of Evanston, 1979,E as amended,be and the same is hereby further amended by adding a new Chapter 11 which shall read as follows: i CHAPTER 11 i ij Ij Regulation of Fire Alarms i ;I 9-11-1: Definitions 9=11-2: Police Chief as Administrator 9-11-3: Alarm �Busi nesses 9-11-4: Central Stations; Answering Services 9-11-5: ,'Harm Users 9-11-6: Non -Valid Alarm Charges 9-11-7: Inspection of Alarm Devices and Businesses i 9-11-8: Testing of Equipment i 9-11-9: Non -liability of the City 9-11-10: Severabi1ity 9-11-11: Revocation of Suspension of Licenses or Permits 9-11-12: License and Permit Fees 9-11-13: Information -Penalties for Divulging 9-11-14: Penalties r 25-0-82 • • 9-11-1: DEFINITIONS: For the purpose of this ordinance the following terms, phrases, words and their derivations shall have the meanings 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. ALARM AGENT: ALARM BUSINESS: Any person working for an alarm business. Any business operated by a person who engages in the activity of altering, installing, leasing, maintaining, moving, repa.iring, re- placing, selling, servicing, or responding to an emergency alarm system, or which causes any of these activities to take place. ALARM SYSTEM: An assembly of equipment arranged to signal the presence of a hazard requiring urgent attention and to which the police or fire department are expected to respond. ALARM USER: Any person on whose premises an alarm system , is maintained within the City limits, except I for alarm systems on a motor vehicle. ANSWERING SERVICE: A telephone answering service refers to a service providing among its services the job of receiving on a continuous basis through trained employees, emergency signals i from alarm systems and thereafter immediately relaying the message by live voice to the City's communication center. CENTRAL STATION SYSTEM: A system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded in, maintained, and supervised from a place of business having trained operators and guards in attendance at all times. CITY ALARM ADMINISTRATOR: An employee of the City whose responsibilties ; include coordination, administration and documentation of alarm businesses, alarm systems users and non -alarm systems users.. In addition, the City Alarm Administrator will be responsible for alarm systems per- formance as it relates to the effective en- forcement of the provisions of this ordinance.; i DIGITAL COMMUNICATORS An alarm system which has the capability of (also called AUTOMATIC transmitting system signals which are 1 DIALING ALARM EQUIPMENT: received at the City's Communication Center i or any communication center. The alarm user uses his existing telephone lines instead of a dedicated line. HARD WIRED ALARMS: An alarm system which has the capability of transmitting system signals which are re- ceived at the City's Communication Center over dedicated lines. E MODIFIED CENTRAL STATION An office to which remote alarm and super- j SYSTEM: visory signaling devices are connected, where operators supervise the circuits. i NON -VALID ALARM: The activation of an alarm system through j mechanical or electronic failure, malfunction,' improper installation or the negligence of the owner or lessee of an alarm system or i - 2 - 25-0-82 • if his employees or agents, except that the ` following shall not be considered non -valid alarms: (A) Alarms caused.by the failure or malfunction of the equipment located in the City's communication center. (B) Alarms occurring on a'repeated basis without apparent cause but where continuous effort, in the sole opinion of the City Alarm Admin- istrator, is being made jointly by the alarm user, the alarm business and any other con- cerned person to correct the malfunction expedi ti ousIy. (C) Alarms caused by an attempted illegal entry; of which there is visible evidence. (D) Alarms caused by an on premises fire. (E) Alarms intentionally caused by a.person acting under a reasonable belief that a need exists to call the police or fire department. (F) Alarms followed.by an immediate call to the communications center cancelling the alarm by giving the proper code number, such call having been made prior to the arrival of the police or fire department. If the City Alarm Administrator finds that a reasonable doubt exists as to the cause of the alarm, he may determine the alarms not to be a non -valid alarm. ON PREMISES ALARM: An alarm system installed for the purposes of alerting people on premises to an emergency condition. Police and fire personnel do not respond to this alarm unless notified further by persons on affected premises. ON PREMISES ALARM; An alarm system that audibly announces an WITH OUTSIDE RINGER: emergency condition to which the police or fire personnel are required to respond. The alarm user is responsible for shutting off this alarm in 30 minutes. POLICE CHIEF: Police Chief of the City of Evanston Police Department or his designee, which may include the City Alarm Administrator. VOICE DIALING ALARM An alarm system, which automatically sends EQUIPMENT: over regular telephone lines, by direct connect or otherwise, a prerecorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect. Alarm users with voice dialing systems shall disconnect them within (60) days after the effective date of the ordinance. 9-11-2: POLICE CHIEF AS ADMINISTRATOR: The Police Chief, or his designee shall be charged with the administration within the City of the appropriate provisions of this Chapter. Pursuant to this charge, the Police Chief shall have the authority to establish rules, regulations and procedures for the enforcement of any of the Chapter provisions. - 3 - 25-0-82 9-11-3: ALARM BUSINESSES: 9-11-3-1: LICENSE REQUIRED: No emergency alarm system shall be installed or maintained in the City by other than a licensed alarm business. Any alarm business. wishing. to do business in the City shall file an application obtained from the City Collector or the City Alarm Administrator for a license as provided in this Chapter. Alarm businesses actively engaged in operating such business at the date of enactment of this ordinance shall have a.period of sixty (60) • days within which to acquire licensing. On the basis of the application the City Alarm Administrator shall within sixty (60) days after receipt of the completed application, approve or disapprove such application for a license, and shall notify the applicant in writing. If the applica I tion is approved, the applicant shall pay the required fee for the ;! license. If it is disapproved, the .notice to the applicant shall state the reasons.. The applicant shall have a right to appeal such dis- approval by requesting in writing within ten (10) days of receipt of the notice a hearing with the City Alarm Administrator or the police ;j chief or his designee. The determination resulting from such hearings i! shall be considered final. jf 9-11-3-2: STANDARDS OF OPERATION: No alarm business shall perform any service on any alarm system in -the City without first i; personally appearing and notifying the Police Chief or City Alarm i. Administrator and disconnecting said alarm at the alarm users' end and again notifying the City.upon completion of the work. ! Each alarm business which sells or leases and installs an emergency alarm system in the City shall furnish the alarm user with written. instructions as to the way in which the system operates. Each alarm business shall also provide initial training in the operation of the H system, and upon request from the alarm user, refresher training. Upon request, each alarm business shall also exhibit to the City Alarm Administrator for his review, a copy of such instructions. If the City Alarm Administrator finds that the instructions are incomplete, unclear or otherwise inadequate, he may require the alarm business to have the same revised. i At the time of installation each alarm maintenance company shall furnish to the alarm user written information as to how service can be obtained, including the telphone number to call for service. The alarm user shall be responsible for having the alarm system repaired as quickly as possible after any malfunction is detected. 9-11-3-3: GROUNDS FOR DENIAL OF LICENSE: The grounds for denial may include, but not be limited to the following: (A) Fraud or willful and knowing misrepresentation or false statement made in a license application. ;j (B) Fraud or willful and knowing misrepresentation or false statement ! made in applying for employment as an alarm agent; and (C) Conviction of a felony or of a misdemeanor which reflects unfavor- ably upon the applicant's fitness to be an alarm agent. 9-11-4: CENTRAL STATIONS; ANSWERING SERVICES: 9-11-4-1: LICENSE REQUIRED: Central stations, modified central stations and answering services (other than those operated by the City of Evanston Police Department) that receive emergency messages relating to alarms shall not operate in the City without a license obtained from the City Alarm Administrator. • 9-11-4-2: MINIMUM STANDARDS: As a condition of licensing, any central station, modified central station or answering service shall also meet the following minimum requirements: (A) The premises shall meet any applicable fire regulations. (B) The premises shall be secure in a manner approved by the City Alarm Administrator. - 4 - 25-0-82 • • • (C) A sufficient number of operators shall be on duty at all times to assure that all emergency messages received will be relayed immediately to the City's Communication Center. j (D) As soon as possible after notifying the communications center, the operator concerned shall notify the subscriber involved of such action and the nature of the emergency. ! (E) All subscribers shall be required to cooperate in a test of their alarm equipment at least once a year to determine if the device is working properly and submit results of such test to the City Alarm Administrator. (F) Where a test result is unsatisfactory the City Alarm Administrator must be notified within the twenty-four (24) hour period. 9-11-5: ALARM USERS: 9-11-5-1: PERMIT REQUIRED: Apply for and obtain a permit from the City Alarm Administrator on a form provided by him. If a licensed alarm business uses an alarm system to protect its own premises, it shall obtain a permit for such a system as required in this Section. The permit shall be good for the calendar year in which issued and shall be renewed each calendar year thereafter. No alarm user permit shall be renewed unless all fees and service charges set forth by the City have been paid and the annual certificate of inspection is pre- sented at the time of the permit renewal. No alarm protection permit will be granted to businesses, institutions or residences that have automatic voice dialing alarm equipment. 9-11-5-2: STANDARDS: All alarm systems installed in commercial or public buildings after the effective date of this ordinance shall utilize equipment and methods of installation substan- tially equivalent to or exceeding applicable UL and ANSI standards. The alarm user shall be responsible for maintaining the system in good repair to assure reliability of operation. i� New installations shall be inspected by the City Alarm. Administrator to ! ascertain compliance with both UL and ANSI standards. 9-11-6: NON -VALID ALARM CHARGES: When an alarm is received by the communications center of the,City and determined to be a false or non -valid alarm, the subscriber shall be assessed a service charge for those non -valid alarms based upon the following schedule: 1-4 false alarms in one year = $ 0 charge I! 5-8 false alarms in one year = $25.00 for each offense - 9-12 false alarms in one year = $50.00 for each offense More than 12 in one ear. = Review of application and y possible permit revocation II !; The same schedule of charges for non -valid alarms shall apply to any jj. outside ringer alarm system which causes a non -valid alarm. j 9-11-7: INSPECTION OF ALARM DEVICES AND BUSINESSES: I (A) For the purpose of enforcing the provisions of this ordinance, the police chief or his designee shall have the authority, at reason- able times and upon reasonable oral notice, to enter any premises in the City in or upon which alarm systems, or alarm businesses subject to this ordinance are located, to inspect the installation and/or operation of such alarm systems or alarm businesses on official police business. - 5 - 25-0-82 , I} (B) If such inspection reveals any violations of the provisions of this ordinance, a written report detailing such violations shall be i promptly sent to the owner, lessee or other person responsible for the alarm system or business in violation of this ordinance. Such report shall require the correction within thirty (30) days after H receipt ,of the notice of the.violation discovered, and shall state that a failure to.comply may result in the revocation of the alarm business; or the alarm user's license, in accordance with the • i' provisions of this ordinance relating to revocation of licenses and j permits. The alarm user or alarm business shall be granted a ± reasonable extension of time to correct such violations -upon good cause shown. 1 9-11-8: TESTING OF EQUIPMENT: No alarm system designed to transmit emergency messages directly to the police department shall , !, be tested or demonstrated without 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. 9-11-9: NON -LIABILITY OF THE CITY: The City shall not be liable for any defects in operation of the alarm systems or signal line systems, for -any failure or neglect to respond appropriately upon receipt of an alarm from any source or for the failure or neglect of any person with a licence or permit issued pursuant to this ordinance. In the event that the City finds it necessary to disconnect an emergency alarm system, the City shall incur no liability by such action. 9-11-10: SEVERABILITY: The sections, paragraphs, sentences, clauses,` �( and phrases of this chapter are severable, and if any section, paragraph, sentence, clause or phrase of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of • this ordinance. i 9-11-11: REVOCATION OR SUSPENSION OF LICENSES OR PERMITS: Any license or permit issued to an alarm business., alarm agent, central station or answering service may be suspended or revoked by ! decision of the police chief or City Alarm Administrator. Reasons for suspension or revocation of a permit include but are not limited to the following: (A) Violation of this ordinance or any of its provisions, or (B) Substantial complaints, in the case of an alarm business or agent, i� of fraudulent business practices, or j (C) Fraudulent information provided on the application for permit, or (D) Excessive non -valid alarms. The police chief shall make notification by first class mail of any suspension or revocation of a permit. I 9-11-1.2: LICENSE AND PERMIT FEES: The following fees shall apply to all businesses, entities and persons operating under the provisions of this Chapter and are assessed on a calendar year basis by the City Collector. J 9-11-12-1: ALARM BUSINESSES: } Initial License Fee • I to be pro -rated after June 30 $50.00 Annual Renewal Fee $25.00 • i -6- • • i 25-0-82 f 9-1-1-12-2: ALARM USERS: i Initial Fee $25.00 Annual Renewal Fee $10.00 9-11-12-3: CENTRAL STATIONS;ANSWERIN G SERVICES: Initial License Fee $50.00 Annual Renewal Fee $25.00 9-11-13: INFORMATION -PENALTIES FOR DIVULGING: The information contained in an alarm -user permit application required by this ordinance and other information'received by the Police Department through communications with an alarm user shall be securely maintained. If any City employee is found to have revealed information gained in such capacity to any other person for purposes not related to this ordinance or to official law enforcement matters, and without express written consent of the alarm user, said employee shall be guilty of an offense under this Code and subject to immediate termination of employment. 9-11-14: PENALTIES: Anyone violating the provisions of this ordin- ance shall be guilty of an offense and upon convicition thereof shall be subject to a fine of not less than twenty five dollars ($25.00) nor more than FIVE HUNDRED DOLLARS ($500.00). Each day that such violation continues shall constitute a separate offense. I SECTION 2: Within sixty (60) days of the effective date of this ordinance, no person or business shall operate an alarm business or have an alarm system at any building, place or premises without having obtained a license or permit from the City of Evanston. j i SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. i Introduced:�1982 ;I Adopted: , 1982 Approve S 198.2 o ATTEST: l City Clerk AV proved as to for Corporation` ounsel - 7 -