A. 
The purpose of this article is to provide for the imposition of fees to be charged to that portion of the Village residential and business population that maintains mechanically or electronically activated private alarm systems, and to reduce the number of unnecessary responses by the Police Department to these alarm systems.
B. 
The inherent difficulties and malfunctions associated with these mechanically or electronically activated alarm systems result in unnecessary or non-bona fide alarm activation and consequently require unnecessary responses by the Police Department. These unnecessary responses severely impact and endanger the safety and welfare of the residents of the Village. In addition to the significant cost involved in responding to these alarm systems and the concurrent loss of manpower and ineffective utilization of equipment, these alarm systems require emergency responses which may contribute to a high accident rate.
C. 
A system of graduated fees for Police Department responses to alarm systems serves the dual purpose of encouraging the cessation of non-bona fide alarms and of charging the cost of the use of these alarm systems to that portion of the population wishing to use them.
For the purposes of this Article IX, the following words and phrases shall have the meanings indicated:
ALARM OCCURRENCE
The activation of an alarm system for, or as a result of, any reason whatsoever, excluding trouble alarms, which notifies the Police Department to respond to the premises at which the alarm system is maintained.
ALARM SYSTEM
Any assemblage of mechanical or electrical equipment or devices (or a single device such as a solid-state unit which plugs directly into a 110-volt AC line) arranged to signal the presence of an occurrence of an unauthorized intrusion or other activity requiring urgent and immediate attention. "Alarm system" includes, but is not limited to, automatic holdup alarm systems, burglar alarm systems, holdup alarm systems, direct-dial systems, on-premises alarm systems, and outside ringers. The following alarm systems are specifically excluded from the provisions of this article: fire alarm systems, medical emergency alarm systems, motor vehicle alarm systems and alarm systems which monitor temperature, humidity, or any other condition not directly related to the detection of an unauthorized intrusion into a premises, an attempted robbery, or burglary at a premises.
ALARM USER
The person, family, household, firm, entity, partnership, association, corporation, company, organization or state, or subdivision thereof, in possession or control of any building, structure, facility, or property in the Village where an alarm system is currently being maintained or is hereinafter maintained.
ALARM USER PERMIT
A. 
A permit issued by the Village for the privilege and ability to operate an alarm system within the Village. No person, entity, or alarm user shall be issued an alarm user permit unless:
(1) 
An application therefor is completed and submitted in a form satisfactory to the Chief of Police;
(2) 
The applicable alarm user permit fee is paid; and
(3) 
The alarm system complies with the alarm system requirements set forth in § 141-904.
B. 
Alarm user permits shall be valid for one-year time periods.
DELAY MECHANISM
An electrical or mechanical feature of an alarm system that:
A. 
Provides a time delay between activation of the alarm system and the annunciation of an audible alarm or the transmitting of a message or signal to the Police Department; and
B. 
Allows for deactivation of the alarm system prior to the annunciation of an audible alarm or the transmitting of a message or signal to the Police Department or to an alarm service or central station alarm.
DIRECT DIALER
An alarm system that utilizes a telephone device or attachment to automatically select a telephone trunk line at the Police Department or at an alarm service or central station alarm and then reproduces a prerecorded message to report an alarm occurrence.
OUTSIDE RINGER
A feature of an alarm system that, when activated, causes an audible and/or visual device to activate in, on or near the premises within which the alarm system is maintained.
SERVICE CHARGE
The amount of money determined by the Board of Trustees to be reasonable compensation for the services provided by the Village in responding to alarm occurrences.
TROUBLE ALARM
The activation of an alarm system that, when automatically communicated by a direct dialer to the Police Department or alarm service or central station alarm, signals by a prerecorded message or otherwise that the activation is due to a malfunction of the alarm system.
A. 
No person, entity, or alarm user shall, at any time after January 1, 1989, maintain or operate an alarm system in the Village without a valid and effective alarm user permit.
B. 
The maintenance or operation of an alarm system without first applying for and securing an alarm user permit or after the expiration or revocation of an alarm user permit shall constitute an offense punishable as provided below.
C. 
In addition to any other remedy provided by law, the Chief of Police may, whenever he or she shall have knowledge of any alarm system not operated or maintained in accordance with the provisions of this article, take all necessary steps, including an action at law or in equity, to prevent the operation or effect the removal of the alarm system.
No alarm user permit shall be issued for any alarm system that:
A. 
Is not equipped with a delay mechanism that allows at least a thirty-second delay before activation of the alarm with respect to ingress and egress of doorways;
B. 
Consists of, in whole or in part, a direct dialer or other device that automatically selects a telephone trunk line at the Police Department;
C. 
Consists of an outside ringer unless:
(1) 
Any audible sound emitting from the outside ringer is not similar to emergency vehicles of the Village or any other audible Village alert system; and
(2) 
It is equipped with an automatic cut-off mechanism that permits deactivation within 10 minutes of the initial alarm; or
D. 
Is not equipped with a battery pack back-up power supply or other alternative source of back-up power capable of sustaining the operation of the alarm system for a minimum of six hours.
[Amended 5-22-2017 by Ord. No. 2017-12]
There shall be an initial one-time alarm user permit fee as set forth in the Bannockburn Fee Schedule for any alarm system in operation within the Village. Such fee shall be payable to the Village of Bannockburn with submission of the initial alarm user permit application.
A. 
More than three alarm occurrences in a calendar year from any alarm system for which an alarm user permit has been issued shall result in the imposition of service charges as set forth in the Bannockburn Fee Schedule.
[Amended 5-22-2017 by Ord. No. 2017-12]
B. 
A service charge as set forth in the Bannockburn Fee Schedule per trouble alarm shall be imposed for each trouble alarm over three that occurs in a calendar year for any alarm system for which an alarm user permit has been issued.
[Amended 5-22-2017 by Ord. No. 2017-12]
C. 
After the Police Department has recorded three alarm occurrences within a calendar year from any alarm system, it shall notify the alarm user in writing, by first class mail or by direct police service, of this fact and of the fact that additional alarm occurrences will result in the imposition of service charges in accordance with this section. Upon additional alarm occurrences, the Police Department shall invoice the alarm user on a calendar-month basis for the service charge which has been imposed.
D. 
All service charges must be paid within 30 days of receipt of the invoice tendered pursuant to this section.
A. 
A Village police officer designated by the Chief of Police shall have the authority, but not the obligation, to waive any service charge and/or nullify the existence of any alarm occurrence only after finding, based on evidence and testimony presented by the alarm user, that one or more of the following circumstances exist:
(1) 
Evidence of an actual intrusion, obvious intrusion attempt, fire, or medical emergency;
(2) 
Evidence of power utility outage conditions lasting eight hours or longer and affecting a general neighborhood area;
(3) 
Evidence of a tornado, earthquake, or other violent and extreme conditions of nature or acts of God, excluding thunder, snow, ice, and electrical storms;
(4) 
Alarm occurrences during the thirty-day period following installation of an alarm system.
B. 
Requests in writing for a waiver or nullification may be made by any alarm user to the police officer. Within 14 days of receipt of a written request, the police officer shall review the alarm user's request in accordance with this section and shall issue a decision.
C. 
Within 14 days of receipt of the decision, the alarm user may appeal the police officer's decision to the Chief of Police, whose determination in accordance with this section shall be final.
A. 
The Chief of Police shall have the authority to revoke an alarm user permit for either of the following grounds:
(1) 
Failure to pay service charge. The failure to pay any service charge imposed pursuant to and in the manner described in § 141-906 unless the service charge has been waived pursuant to § 141-907.
(2) 
Multiple alarm occurrences. Thirteen or more alarm occurrences for one alarm system in one calendar year (none of which have been nullified pursuant to § 141-907), regardless of whether the service charge for any of the alarm occurrences has been paid.
B. 
Notice and hearing prior to revocation.
(1) 
The Chief of Police shall, at least 15 days prior to the revocation of an alarm user permit, notify the alarm user in writing, by certified mail, return receipt requested, or by direct police service, of the grounds for revocation and of the Village's intent to revoke the alarm user permit.
(2) 
Within 10 days of receipt of this notice, the alarm user may submit a written request to the Chief of Police for a hearing before the Chief of Police, setting forth the reasons the alarm user permit should not be revoked. The submission of a hearing request shall suspend the revocation of the alarm user permit.
(3) 
If the alarm user fails to so submit a request for hearing within the stated time period, the Chief of Police shall issue a written statement of revocation, which written statement shall include an explanation of the consequences of revocation. The written statement shall be sent to the alarm user by certified mail, return receipt requested, or by direct police service. Revocation shall be effective immediately upon receipt by the alarm user of the written statement.
(4) 
If a request for a hearing is submitted within the stated time period, written notice of the time and place of the hearing shall be served on the alarm user by the Chief of Police by certified mail, return receipt requested, or direct police service, at least 10 days prior to the date set for the hearing.
(5) 
At the hearing, the alarm user, or the alarm user's authorized representative, shall have the right to confront and examine witnesses and to present evidence on the alarm user's behalf. After the hearing, the Chief of Police may either support revocation or cancel the notice of revocation. In the event that the Chief of Police supports revocation, the Chief shall notify the alarm user, in writing by certified mail, return receipt requested, or by direct police service explaining the consequences of revocation. Revocation shall be effective immediately upon receipt by the alarm user of the written notice.