City of Lodi, WI Chapter 104 Alarm Systems

[HISTORY: Adopted by the Common Council of the City of Lodi as Ch. 28 of the City Code. Amendments noted where applicable.]

§ 104-1 Definitions. [1]

Within this chapter, the following terms, phrases and words and their derivations have the meanings given herein:

ALARM SYSTEM

An assembly of equipment and devices or a single device such as a solid-state unit which plugs directly into a one-hundred-ten-volt AC line or otherwise receives electrical energy arranged to signal the presence of a hazard requiring urgent attention and to which the Police or Fire Department is expected to respond. In this chapter, the term "alarm system" shall include but not be limited to systems commonly known as "automatic holdup alarm systems," "burglar alarm systems," "holdup alarm systems" and "manual holdup alarm systems" and fire alarm systems which monitor temperature, humidity or any other condition directly related to the detection of fire. Excluded from this definition and from the coverage of this chapter are alarm systems used to alert or signal persons within the premises in which the alarm system is located of an attempted, unauthorized intrusion or holdup attempt or fire.[2]

FALSE ALARM

The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents or other undetermined cause. "False alarm" does not include alarms caused by power outages.

[1] Editor's Note: Original § 28.01, Title, which immediately preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 104-2 False alarms; violations and penalties.

A. Generally. Each false alarm requires response of public safety personnel, involves unnecessary expense to the City, increases the risk of injury to persons or damage to property and dilutes the overall public safety protection to the City. Such false alarms constitute a public nuisance and must be abated.

B. Intentional. No person shall intentionally cause the activation of an alarm system knowing that no criminal activity, fire or other emergency exists.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. False alarms; administrative charges.

(1) Any person owning property equipped with an alarm system shall pay to the City a charge for false alarms responded to by the Police or Fire Department according to the schedule to be set by the Common Council by resolution.

(2) This chapter is intended to impose a strict liability on the person having an alarm system which has generated a false alarm to which the Police or Fire Department has responded and shall be applied regardless of the cause of the false alarm, excepting those alarms excluded from the definition of "false alarm." Upon nonpayment of the fee, the amount due may be placed on the tax roll as a special charge against the real estate on which the alarm is located pursuant to § 66.0627, Wis. Stats. In addition to and not in substitution of said remedy, failure to pay such administrative charge(s) in and of itself shall constitute a violation of this chapter, and such charge(s) shall be collectible as a forfeiture upon prosecution and conviction thereof, together with an additional forfeiture(s) which may be imposed under Subsection D hereof.

D. Other violations. Any person violating this chapter in any manner shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Co-owners. When any premises located in the City is owned, leased or occupied by two or more persons as joint tenants, tenants in common, joint lessees, or in any other manner, each co-owner shall see that the provisions of this chapter are complied with, and each co-owner may be subjected to a penalty on violation of this chapter.

§ 104-3 City liability.

The City of Lodi shall be under no duty or obligation to an owner of property equipped with an alarm system or to any other person concerning any provision of this chapter, including but not limited to any defects in an alarm system or any delays in transmission or response to any alarm.

§ 104-4 Operational requirements.

A. Duty to maintain alarm system. The person owning property equipped with an alarm system shall maintain the alarm system in proper working order.

B. Duty to give Police Department telephone number. Each person owning property equipped with an alarm system shall advise the Police Department of a telephone number where the person or an authorized representative can be reached at any time in the event of activation of the alarm and shall advise the Police Department of any change in such designated telephone number.

C. Duty to respond to alarm. The person owning property equipped with an alarm system shall come to the property, in person or by authorized representative, within 15 minutes after notification is given of the activation of the alarm for the purpose of providing access to the building for Police or Fire Department personnel and resetting the alarm. Notification shall be considered to have been given when City officials have telephoned the number designated under Subsection B hereof whether or not such telephone call is answered. Failure to so respond shall result in a charge being imposed under § 104-2C. Under no circumstances shall a member of the Police or Fire Department be responsible for resetting an alarm.