Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point 10-24-1972 by Ord. No. 407 (Ch. 32 of the 1961 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fires and fire prevention — See Ch. 781.

§ 441-1 Findings.

The installation of electrical or mechanical systems known as burglar alarms or fire alarms in buildings in the Village is increasing. Through carelessness, improper maintenance, or other causes, a large number of false alarms are being received from such alarm systems. Each false alarm requires police response and in some cases fire apparatus response; this involves unnecessary expense to the Village, increases the risk of damage to property or injury to persons, and dilutes the police and fire protection to the rest of the Village. Such false alarms therefore constitute a public nuisance which must be abated.

§ 441-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALARM SYSTEM
Any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, or both, or for the detection of a fire, and when actuated gives a signal, visual or audible or both, or transmits or causes to be transmitted a signal or message, or both.
FALSE ALARM
A signal from an alarm system, a telephone call to or other contact with the Police Department resulting in response by the Fox Point Police Department, when an emergency situation does not exist.
[Amended by Ord. No. 408]
PERSON
Any individual, partnership, corporation or other entity.

§ 441-3 Permits.

Notes
Alarm Permit Application
Created: 2017-06-14|Updated: 2017-06-14
For more information on alarm permits, please go to:  http://www.villageoffoxpoint.com/150/Alarm-Permit
A. 
Permit required. A permit shall be required for each alarm system on premises within the Village on the effective date of this chapter or installed after such effective date.
B. 
Permit fee. A permit fee, as provided in Chapter 63, Fees, shall be paid at the time of filing an application for a permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Time to acquire. As to those alarm systems now on the premises in the Village, a permit shall be obtained within 90 days after the effective date of this chapter. As to any alarm system installed after the effective date of this chapter, a permit shall be received before the system is installed.
D. 
Interior alarms. A permit under this chapter is not required for an alarm system which gives a signal, visual or audible or both, solely within the interior of the building in which it is located.

§ 441-4 Permit application, issuance and appeal.

A. 
Issuing authority. The issuing authority shall be the Chief of Police.
B. 
Applications. Applications for all permits required under this chapter shall be filed with the Chief of Police. The Chief of Police shall prescribe the form of the application and request such information as is necessary to evaluate and act upon the permit application. The Chief of Police shall deny a permit if the alarm system for which it is sought does not comply with this chapter.
C. 
Appeal. Any person required by this chapter to have a permit who has been denied such a permit by the Chief of Police shall have a right to appeal that decision to the Village Board. The procedure for this appeal shall be the same as set forth in § 441-7C.

§ 441-5 Requirements and duties.

A. 
Alarm system standards. All alarm systems installed within the Village shall have the Underwriters Laboratories approval.
B. 
The Chief of Police may grant an exception to this requirement when the alarm system is under testing by the Underwriters Laboratories, in which case the alarm system may be installed for a period of not to exceed six months and shall then be removed or disconnected, unless an extension of time is granted by the Chief of Police or Underwriters Laboratories approval has been received.

§ 441-6 Prohibited activities.

A. 
Alarm system permits. No person shall install an alarm system or use or possess an operative alarm system without having a permit in accordance with the provisions of this chapter.
B. 
False alarm. No person owning, using or possessing an alarm system shall cause or permit the giving of a false alarm, whether intentional, accidental or otherwise.
C. 
False alarm response service charge. In addition to, and not to the prejudice or exclusion of, such other penalties and remedies as may be available to the Village, a false alarm response service charge may be imposed on real property in the Village where a false alarm occurs, as described in this subsection.
[Added 4-12-2016 by Ord. No. 2016-05]
(1) 
Each false alarm after the first one occurring within any twelve-month period shall be subject to a false alarm service charge as established by the Village Board by separate resolution from time to time.
(2) 
A false alarm service charge may be waived upon presentation by the applicant responsible for the same of evidence which satisfies the Village Manager or his designee that the false alarm was occasioned by causes other than negligence, carelessness or inadequate or improper maintenance.
(3) 
Each false alarm service response charge shall be a special charge pursuant to § 66.0627, Wis. Stats., subject to the notice and appeal provisions of §§ 67-17 and 67-18 of this Code.

§ 441-7 Revocation of permits.

A. 
Hearing. Before a permit issued pursuant to this chapter may be revoked, a hearing must be held before the Chief of Police. Notice setting forth the time, place and nature of the hearing shall be sent by mail or delivered to the permittee at the address shown on the permit application not less than seven days prior to said hearing.
B. 
Grounds for revocation. The Chief of Police may revoke a permit on the following grounds:
(1) 
The application for a permit contains a statement of a material fact, which statement is false.
(2) 
A permittee has repeatedly failed to comply with the provisions of this chapter.
(3) 
An alarm system repeatedly actuates false alarms.
C. 
Appeals. Any permittee may appeal the decision of the Chief of Police by filing a written notice of appeal with the Village Clerk/Treasurer within 10 days after the decision.
(1) 
Such appeal shall be heard by the Board of Trustees within 30 days after the filing of the appeal and that body may affirm, amend or reverse the decision or take other action deemed appropriate.
(2) 
An appeal timely taken suspends the revocation until the Board of Trustees gives its decision.
(3) 
The Village Clerk/Treasurer shall give written notice of the time and place of the hearing to the appellant. Such notice shall be given by registered or certified mail or personal delivery not less than seven days before the hearing.
(4) 
In conducting the hearing, the Village Board shall not be limited by the technical rules of evidence.

§ 441-8 Certain systems prohibited.

[Amended 12-10-1986 by Ord. No. 86-539]
A. 
Need. Certain alarm systems include a dialer so that when the system is actuated, the dialer automatically dials the police station using the regular telephone lines and repeatedly giving its recorded message. This ties up incoming lines to the police station, thus interfering with other emergency calls and the proper and orderly operation of the Fire and Police Departments.
B. 
Automatic dialers. No person, firm or corporation except the North Shore Water Commission shall use or cause to be used any telephone or electronic device or attachment that automatically selects a public telephone trunk line of the Police Department, Fire Department, or any other department, bureau, office, officer or employee of the Village of Fox Point and then reproduces a prerecorded message to report a burglary, fire, or other emergency.

§ 441-9 Violations and penalties.

[Added 11-11-2014 by Ord. No. 2014-08]
A. 
Violations of this chapter are subject to the penalties described in § 1-4 of this Code. Each day of violation shall constitute a separate offense.
B. 
Repeated violations. In the event that within the period of one year any person has been found guilty of two violations of § 441-6B and is charged with another violation of said section, the defendant shall have the burden of proof to establish that a violation did not occur.

§ 441-10 More than one owner.

When any premises located in the Village of Fox Point are owned, leased, or occupied by two or more persons as joint tenants, tenants in common, or joint lessees, or in any other manner, it is the responsibility of each of such persons to see that the provisions of this chapter are complied with and each of such persons may be subjected to a penalty on violation of this chapter as provided by § 441-9.