[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 5, Ch. 4, of the 1995 Code. Amendments noted where
applicable.]
This chapter shall be known as the "Village of Fredonia Alarm
Systems Ordinance."
The purpose of this chapter is to provide minimum standards
and regulations applicable to burglar, fire and holdup alarm systems,
alarm business and alarm users. Both society in general and public
safety in particular will be aided by providing a useful and usable
system of private security which properly balances quick response
by law enforcement with minimization of law enforcement time spent
on alarms which are false or otherwise not the intended function of
private security systems.
Within this chapter, the following terms, phrases and words
and their derivations have the meaning given herein.
Any business in which the owners or employees engage in the
activity of altering, installing, leasing, maintaining, repairing,
replacing, selling, or servicing alarm systems.
An assembly of equipment and devices or a single device such
as a solid state unit which plugs directly into 110-volt AC line or
otherwise receives electrical energy arranged to signal the presence
of a hazard requiring urgent attention and to which the Fire Department
is expected to respond. In this chapter, the term "alarm system" shall
include the terms "automatic holdup alarm systems," "burglar alarm
systems" and "manual holdup alarm system" as those terms are hereinafter
defined, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)[1]]
A telephone answering service providing among its services
the service of receiving on a continuous basis through trained employees
emergency signals from alarm systems, and thereafter immediately relaying
the message by live voice to the dispatch center of the Fire Department.
An alarm system which automatically sends over regular telephone
lines by direct connection or otherwise a prerecorded voice message
or coded signal indicating the existence of the emergency situation
that the alarm system is designed to detect.
An alarm system in which the signal transmission is initiated
by the action of the robber.
An alarm system which signals an entry or attempted entry
into the area protected by the system.
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise the circuits.
An alarm system which has the capability of transmitting
system signals to the Fire Department.
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
tornadoes or other violent climate conditions.
To connect an alarm system to a voice grade telephone line,
either directly or through a mechanical device that utilizes a standard
telephone, for the purpose of using the telephone line to transmit
an emergency message upon the activation of the alarm system.
An alarm system in which the signal transmission is initiated
by the direct action of the person attacked or by an observer thereof.
A telephone line leading directly into the dispatch center
of the Fire Department that is for the purpose of handling emergency
calls on a person-to-person basis and which is identified as such
by a specific number included among the emergency numbers listed in
the telephone directory or numbers in sequence therewith.
A person who buys or leases or otherwise obtains an alarm
system and thereafter contracts with or hires an alarm business to
monitor and/or service the alarm system.
[1]
Editor's Note: This ordinance also repealed the definition
of "annunciator," which immediately followed this definition.
The Fire Chief shall promulgate such rules as may be necessary
for the implementation of this chapter. Such rules shall require the
approval of the Village Board and shall be open to inspection by the
public.
No person shall interconnect any automatic dialing device to
a Fire Department primary trunk line. No person shall permit such
devices, which were installed prior to the effective date of this
chapter, to remain interconnected from any property owned or controlled
by that person. Such devices may be connected to a central station
or an answering service. Relaying messages so received to the Fire
Department shall only be done person to person on the telephone line.
Direct connections to the Fire Department are prohibited, but
may be authorized pursuant to the direct connection policies of each
Department, a copy of which is on file with the Fire Chief.
A.
No alarm business or alarm system designed to transmit emergency
messages to the Fire Department shall be tested or demonstrated without
prior notification and approval of the Fire Department dispatcher.
Alarm businesses or alarm system owners or lessors will be advised
on proper test procedure.
B.
No alarm system relayed through intermediate services to the Fire
Department will be tested to determine the Fire Department's
response without first notifying the appropriate authority. However,
the Fire Department may inspect or test on-site alarm systems authorized
under this chapter.
C.
Alarm systems shall be in compliance with all pertinent response
policies of the Fire Department.
When the service provided by an alarm business to its subscribers
is disrupted for any reason by the alarm business or the alarm business
becomes aware of such disruption, it shall promptly notify its subscribers
by telephone that protection is no longer being provided. If, however,
the alarm business has written instructions from its subscriber not
to make such notification by telephone during certain hours, the alarm
business may comply with such instructions.
A.
Generally. Each false alarm requires response of public safety personnel,
involves unnecessary expense to the Village, increases the risk of
injury to persons or damage to property and dilutes the overall public
safety protection to the Village. Such false alarms constitute a public
nuisance and must be abated.
B.
Intentional. No person shall intentionally cause the activation of
a burglar/fire alarm device knowing that no criminal activity, fire
or other emergency exists.
C.
False alarms; administrative charges. Any person, business, corporation
or other entity having a permissible alarm system with alarm devices(s)
at one or more locations in accordance with this chapter shall pay
to the Village a charge for false alarms responded to by the Fire
Department or Police Department according to the current Village Schedule of Fees[1]; separate accounts to be kept for false alarms as to criminal
activity and false alarms for fire or other emergencies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
If the possessor of such alarm can show to the satisfaction of the
Chief of the responding department that the alarm was not the result
of neglect, improper installation or maintenance, such fee may be
waived.
(2)
Nuisance fire alarm. Any person, industry, commercial establishment,
railroad, apartment house complex or other who shall cause nuisance
fires (multiple rubbish fires, grass fires, etc.) shall be liable
for the sum per hour or fraction thereof set forth in the current
Village Fee Schedule.
[1]
Editor's Note: The Schedule of Fees is on file in the
Village office.
D.
Other violations. Any person, corporation or other entity violating this chapter in any manner, other than for collection of unpaid administrative charges treated in the preceding Subsection C of this section, shall be subject to forfeiture as provided in § 1-4 of this Code. When any premises located in the Village is owned, leased or occupied by two or more persons as joint tenants, tenants in common, joint lessees, or in any other manner, each person shall see that the provisions of this chapter are complied with, and each person may be subjected to a penalty on violation of this section.
E.
Default of payment for forfeiture and/or costs. On default of payment of forfeiture and/or costs under the immediately preceding Subsection C and/or D, such person or responsible officer of the violating corporation or other entity shall be confined in the county jail until the same be paid but not to exceed a length of time specified by the court, which length of time shall not exceed six months. Upon nonpayment of the fee, the amount due may be placed on the tax roll as a special charge pursuant to § 66.0627, Wis. Stats.
The Village of Fredonia shall be under no duty or obligation
to a subscriber 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; however,
this in no way shall be construed that it is not the proper function
of law enforcement to respond to alarms.
A.
Permit required. A permit is required for each private alarm system
on premises within the Village. The amount of the permit fee is as
set forth in the current Village Schedule of Fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
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.
C.
Issuing authority. The Fire Chief shall issue the permits and collect
the fees.
D.
Application. Application for permit required under this chapter shall
be filed with the Fire Chief. The Fire Chief shall prescribe the form
of the application and request such information as is necessary to
evaluate and act upon the permit application. The Fire Chief shall
deny a permit if the alarm system for which it is sought does not
comply with this chapter.
A.
Hearing. Before a permit issued pursuant to this chapter may be revoked,
a hearing shall be held before the Fire Chief. 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 the hearing.
B.
Grounds for revocation. The Fire Chief may revoke a permit on the
following grounds:
C.
Appeals. Any permittee may appeal the decision of the Fire Chief
by filing a written notice of appeal with the Fire Chief within 10
days after the decision. Such appeal shall be heard by the Village
Board within 30 days after filing the appeal. The Village Board may
affirm, amend or reverse the decision or take other action deemed
appropriate. An appeal timely taken suspends the revocation until
the Village Board gives its decision. The Fire Chief shall give written
notice of the time and place of the hearing to the appellant by certified
mail or personal delivery not less than seven days before the hearing.
In conducting the hearing, the Village Board shall not be limited
by the technical rules of evidence.
