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False Alarm Ordinance

93.101 AUTHORITY

This chapter is enacted pursuant to authority given by Chapter 1001/2, Section 26, Illinois Revised Statutes 1983. ( Res. 86-51, adopted May 15,1986. )

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93.102 PURPOSE

The purpose of this chapter is to define and abate public nuisances, which are a detriment to the safety and public welfare of the people of the County. The nuisances herein defined are declared to be detrimental to the safety and public welfare of the people of the County.

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93.103 DEFINITIONS

"ALARM SYSTEM." Any device the purpose of which is to detect the occurrence of an emergency and is designed to transmit an audible, visual or other signal indicating the occurrence of the emergency.

"ALARM USER." The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained.

"AUTOMATIC DIALING SYSTEM." Any alarm system which upon being activated automatically transmits by telephone line a recorded message or code signal indicating a need for emergency response.

"KEY HOLDER." A person authorized by the "Alarm User" to have access to the protected premises and alarm system by use of a key or combination to provide emergency entrance to the premises and to silence audible alarms.

"CONTACT PERSON." A person who is notified when an alarm is activated who may or may not be a "Key Holder." The contact person should have knowledge of the owner's whereabouts, or be able to provide information needed during an emergency.

"DIRECT LINE ALARM SYSTEM." Any alarm device running directly from a specific location the the Sheriff's Police or Fire Department and connected by leased telephone lines.

"FALSE ALARM." The activation of an alarm system which elicits a response from the Sheriff's Department or any fire department response where the Sheriff's Department also responds, when the situation requiring such a response does not in fact exist. False alarms shall not include alarms activated by:

If Sheriff units responding to an alarm and checking the protected premises according to standard department operating procedures do not discover any evidence of unauthorized entry or criminal activity, there shall be a rebuttable presumption that the alarm is false. Entries on the Will County Sheriff's Department "Complaint Offense Card" shall be prima facie evidence of the facts stated there with regard to alarms and responses.

"HEARING OFFICER." The Sheriff of Will County or his designee.

"PERSON." Any individual, corporation, organization, firm or association.

"SUBSCRIBER." A person who contracts for or receives service or maintenance with respect to an alarm system from an alarm business.

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93.104 PUBLIC NUISANCE

A false alarm as defined in Section 93.103 is hereby declared a public nuisance.

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93.105 RESPONSE TO FALSE ALARMS

A. Whenever an alarm system is activated, thereby requiring an emergency response to the location by the Sheriff's Department or the Fire Department where a member of the Sheriff's Department also responds, the deputy on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the emergency response was in fact bona fide.

B. If the deputy or fire chief at the scene of the activated alarm system determines the false alarm not to be false, the deputy shall make a report of the false alarm, a notification of which shall be mailed or delivered to the holder of the alarm system advising the holder of the false alarm.

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93.106 AUTOMATIC DIRECT DIALERS ( A.D.D.'s )

Owners of A.D.D. are required to fill out an Emergency Information Card. The purpose is to have information as to the home's location and whereabouts of a contact person, plus other information, readily available to the Sheriff's Department in the event of an emergency or other situations necessitating the owner's presence.

The message transmitted by the A.D.D. shall be 45 seconds in length with an automatic cutoff at the end of the message. The message must contain the location of the building, not the mailing address. Messages longer than that allowable under this ordinance are hereby declared to be a public nuisance.

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93.107 DIRECT LINE ALARM SYSTEM PERMIT

A. No person shall operate any direct line alarm system without first obtaining a permit required by this Section.

B. Any user who obtains authority from the Sheriff or his designee to use a direct line alarm system may contract with any alarm system service of its choice for the installation, maintenance and/or servicing of the alarm system to be installed, provided such subscriber has obtained a permit as required by this Section.

C. Applications for permits shall be filed with the Sheriff or his designee on forms supplied by the department and accompanied by a fee of $300.00 for the first year and $180.00 per year thereafter. Said fee shall be payable once a year and is non-refundable.

D. The application shall state the name, address and telephone number of the applicant's property to be serviced, as well as a description of the system and the location wherein it is proposed to be installed. The application shall also contain the name, address and telephone number of a representative of the installer who can be contacted at any time by the department in case of necessity.

E. The Sheriff or his designee shall approve the application if he finds that:

The use of the alarm system in question will not interfere with the orderly conduct of County business and
The alarm equipment supplier installing the system maintains a service organization capable of promptly and effectively repairing, maintaining and otherwise servicing the alarm system sold or leased by him.
Notwithstanding the above, the Sheriff may impose reasonable conditions on the issuance and exercise of permits relating to the ability of the Department to respond to such alarms based upon the location of the alarm system access thereto.

F. The users of the direct line alarm systems are subject to the provisions of this ordinance in regards to false alarms.

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93.108 OUTSIDE AUDIBLE ALARMS

All outside audible alarms on Burglar Alarm Systems are required to be of the "Resetting Type," capable of being deactivated by a "Key Holder." Owners of outside audible burglar alarms that ring for more than thirty ( 30 ) minutes are subject not only to a false alarm ordinance violation charge, but may also face criminal charges under Chapter 38, Section 26-1, I.R.S. 1983, entitled "Disorderly Conduct," for provoking a breach of the peace. Commercial Fire Alarm Systems are not required to have a "time out" feature on the outside audible alarms. Users of commercial fire alarm systems shall be required to post names and telephone numbers of emergency response key holders in a conspicuous location.

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93.109 ALARM SYSTEM

All Alarm Companies doing business in the County of Will must be licensed by the State of Illinois, and said license shall appear on user permit or information card.

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93.110 FALSE ALARM PENALTY

A. FIRE ALARM SYSTEMS

No owner of property protected by an alarm system shall permit, allow or suffer the alarm system to communicate or transmit a false alarm. For the first two (2) false alarms within a 12-month period, there shall be no fee; however, a warning in writing may be given. For the third false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $25.00; for the fourth false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $50.00; for each and every false alarm beyond four within a 12-month period, the owner of the protected premises shall pay a fine of $100.00. Each and every violation of this ordinance is a petty offense punishable by the fine structure set forth previously. Under the Direct Line Alarm System, the Sheriff reserves the right under the agreement to disconnect said subscriber from the system in the event of continuous false alarms, subject to Executive Committee approval.

B. BURGLAR ALARM SYSTEMS

No owner of property protected by a burglar alarm system shall permit, allow or suffer the alarm system to communicate or transmit a false alarm. For the first three ( 3 ) false alarms within a 12-month period, there shall be no fee; however, a warning in writing will be given. For the fourth ( 4th ) false alarm within a 12-month period, the owner of the protected premises shall pay a fine of $25.00; for the fifth ( 5th ) false alarm within a 12-month period, the owner shall pay a fine of $50.00; for each and every false alarm beyond five ( 5 ) within a 12-month period, the owner of the protected premises shall pay a fine of $75.00. Each and every violation of this ordinance is a petty offense punishable by the fine structure set fourth previously. Under the Direct Line Alarm System, the Sheriff reserves the right under the lease agreement to disconnect said subscriber from the system in the event of continuous false alarms, subject to Executive Committee approval.

C. EXCEPTIONS

The Sheriff or his designee shall be empowered to revise the "complaint offense card" and remove the false alarm report for reasonable cause. New and revamped alarm systems subject to prior notice from the alarm company shall be granted a thirty ( 30 ) day grace period.

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93.111 LIABILITY OF COUNTY LIMITED

The County shall take every reasonable precaution to ensure that alarm signals and pre-recorded alarm messages received by the County Sheriff Department are given appropriate attention and are acted upon with dispatch. Nevertheless, the County shall not be liable for any defects in operation of any alarm type system, for any failure or neglect to respond appropriately upon receipt of an alarm, not for the failure or neglect of any person in connection with the installation and operation of equipment, the transmission of alarm signals and pre-recorded alarm messages, or the relaying of such signals and messages. This ordinance shall not create any legal duty obligating the County to accept the installation of a remote enunciator on the premises of the County Sheriff's Department, continue the connection of any alarm system to the Sheriff's Department or respond or accord any priority to an alarm from an activated alarm system.

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93.112 IN FORCE

Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby and shall remain in full force and effect, and the same shall not affect the validity of the remaining portions of this ordinance.

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93.113 EFFECT

This ordinance shall become effective upon passage.

PASSED this 15th day of May ,1986.

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