[HISTORY: Adopted by the Common Council of
the City of Manawa 1-18-2021[1]. Amendments noted where applicable.]
This chapter shall be known as the "City of Manawa Alarm Systems
Ordinance."
The purpose of this chapter is to provide minimum standards
and regulations applicable to burglar, Fire and holdup alarm systems,
alarm businesses 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.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 a 110-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. The term "alarm system"
shall include the terms "automatic holdup alarm systems," "burglar
alarm systems," "holdup alarm systems" and "manual holdup alarm systems"
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. The term "alarm system" does not include
alarm systems used to alert, or signal persons within the premises
in which the alarm system is located, of an attempted, unauthorized
intrusion, holdup attempt or Fire.
The instrumentation of an alarm console at the receiving
terminal of a signal line through which both visual and audible signals
show when an alarm device at a particular location has been activated
or which, in the event of malfunction, may also indicate line trouble.
A telephone answering service, providing, among its services,
the receiving, on a continuous basis through trained employees, of
emergency signals from alarm systems, and thereafter immediately relaying
the message by live voice to the dispatch center of the Police or
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.
The process where response is terminated when the alarm company
(designated by the alarm user) notifies the Manawa Police Department
that there is not an existing situation at the alarm site requiring
Police response after an alarm dispatch request. If cancellation occurs
prior to Police arriving at the scene, this is not a false alarm for
the purpose of a civil penalty, and no penalty will be assessed.
An office to which remote alarm and supervisory signaling
devices are connected, where operators supervise the circuits.
The City of Manawa or its agent.
An alarm system which has the capability of transmitting
system signals to the Police or Fire Department.
Maintain the premises and the alarm system in a method that
will reduce or eliminate false alarms.
Provide the alarm company the permit number, (the number must
be provided to the communications center by the alarm company to facilitate
dispatch).
Must respond or cause a representative to respond to the alarm
system's location within a reasonable amount of time when notified
by the Providence Police Department.
Not manually activate an alarm for any reason other than an
occurrence of an event that the alarm system was intended to report.
An alarm user must obtain a new permit and pay any associated
fees if there is a change in address or ownership of a business or
residence.
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. The term "false alarm" does not include alarms
caused by tornadoes or other violent climatic conditions.
An alarm is false within the meaning of this chapter when, upon
inspection by the Manawa Police Department, evidence indicates that
no unauthorized entry, robbery, or other such crime was committed
or attempted in or on the premises which would have activated a properly
functioning alarm system. Notwithstanding the foregoing, a false alarm
shall not include an alarm which can reasonably be determined to have
been caused or activated by unusually violent conditions of nature
nor does it include other extraordinary circumstances not reasonably
subject to control by the alarm user.
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. The
alarm user, his/her employees or agents, and signals activated to
summon law enforcement personnel unless law enforcement response was
canceled by the user's alarm company before law enforcement personnel
arrive at the alarm location.
An alarm system that emits a signal at an alarm site that
is audible or visible from the exterior of a structure and is not
monitored by a remote monitoring facility, whether installed by an
alarm company or user.
An alarm system in which the signal transmission is initiated
by the direct action of the person attacked, or by an observer thereof.
A twelve-month period beginning on the day and month on which
an alarm permit is issued or fiscal year; January 1 to December 31.
A telephone line leading directly into the dispatch center
of the Police or 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.
An attempt by the monitoring company, or its representative,
to contact the alarm site and/or alarm user by telephone and/or other
electronic means, whether or not actual contact with a person is made,
to attempt to determine whether an alarm signal is valid before requesting
law enforcement dispatch, in an attempt to avoid an unnecessary alarm
dispatch request. For the purpose of this ordinance, telephone verification
shall require, as a minimum, that a second call be made to a different
number if the first attempt fails to reach an alarm user who can properly
identify themselves to attempt to determine whether an alarm signal
is valid before requesting law enforcement dispatch.
The Chief of Police shall promulgate such rules as may be necessary
for the implementation of this chapter. Such rules shall require the
approval of the Common Council and shall be open to Inspection by
the public.
No person shall interconnect any automatic dialing device to
a Police or Fire Department primary trunk line. No person shall permit
such devices, which were installed prior to the effective date of
the ordinance from which this chapter derived, 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 Police or Fire Department shall only be
done, person to person, on the telephone line.
A.
Direct connections to the Police or 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 Chief of Police
and Fire Chief. Existing alarm systems, directly connected to the
Police or Fire Department, are allowed to continue under this section;
however, if any changes are made to the existing systems, their direct
connections shall be disconnected.
B.
Testing.
(1)
No alarm business or alarm system, designed to transmit emergency
messages to the Police Department, shall be tested or demonstrated
without prior notification and approval of the Police Department dispatcher.
Alarm businesses or alarm system owners or lessors will be advised
on proper test procedure.
(2)
No alarm system, relayed through intermediate services to the Police
Department, will be tested to determine the Police Department's
response without first notifying the appropriate authority. However,
the Police Department may inspect or test on-site alarm systems authorized
under this chapter.
(3)
Alarm systems shall be in compliance with all pertinent response
policies of the Police 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.
Public nuisance. 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
a burglar/Fire alarm device knowing that no criminal activity, Fire
or other emergency exists.
C.
Administrative charges. Any person having a permissible alarm system
with alarm device, at one or more locations in accordance with this
chapter, shall pay to the City a charge for false alarms responded
to by the Police or Fire Department, according to the schedule as
established by the Common Council for each calendar year and set out
in the schedule of licenses and fees for each location connected,
separate accounts to be kept for false alarms as to criminal activity
and false alarms for Fire or other emergencies. This section is intended
to impose a strict liability on the person, business, corporation
or other entity responsible for alarm connection to either the Police
alarm panel or to the alarm receiving firm to which the Police and/or
Fire Departments have responded, and shall be applied regardless of
the cause of the false alarm. Failure to pay such administrative charge,
in and of itself, shall constitute a violation of this section, and
such charge shall be collectible as a forfeiture upon prosecution
and conviction.
D.
Waiver of fee. If a possessor of the alarm shows, to the satisfaction of the Chief of Police or the Fire Chief, as applicable, that such false alarm was not the result of negligence or improper maintenance, or other good and sufficient cause beyond the reasonable control of the possessor of the alarm, such fee may be waived, and the response shall not count as a false alarm in computing the fee established under Subsection C of this section.
E.
Other violations. Any person, corporation or other entity violating this chapter in any manner, other than for collection of unpaid administrative charges treated in Subsection C of this section, shall be subject to forfeiture as provided in § 83-8F. 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 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.
F.
Default of payment for forfeiture and/or costs. On default of payment of forfeiture and/or costs under Subsections C and/or D of this section, such person or responsible officer of the violating corporation or other entity shall, after determination by the appropriate court, be confined in the County Jail until the same is paid, but not to exceed a length of time specified by the court, which length of time shall not exceed 90 days. 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.
State Law reference – Nonpayment of judgment, § 800.095(4)(b)1,
Wis. Stats.
A.
Excessive false alarms/failure to register. It is hereby found and
determined that three or more false alarms within a permit year or
fiscal year is excessive, constitutes a public nuisance, and shall
be unlawful. Civil penalties for false alarms within a permit year
may be assessed against an alarm user as follows:
(1)
The Chief of Police or his designee shall draft an invoice which
entails a police administrative service fee in the amount of $50.
This administrative service fee will be sought for the services rendered
in the third such response to a false alarm. This may also be coupled
with a City ordinance citation. Warning letters shall also be drafted
for the first and second false alarm responses. The warning letter
shall include a copy of the City Alarm Ordinance. Failure to pay the
police administrative service fee may result in the issuance of a
citation, suspension of the property owners licensing, or the filing
of a small claims action.
(2)
Amount of penalty.
|
Alarm
|
Penalty
|
|---|---|
|
Third false alarm
|
$50
|
|
Fourth false alarm
|
$75
|
|
Fifth false alarm
|
$100
|
|
Sixth false alarm
|
$500
|
|
Every alarm thereafter
|
$1,000
|
|
Failure to register
|
$25
|
|
Administrative service fee
|
$50
|
|
Warning letters
|
Disseminated after first and second false alarm
|
The City 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; but in no way shall this section
be construed to relieve law enforcement of its proper function to
respond to alarms.
A.
Permit required. A permit is required for each private alarm system on premises within the City. There shall be a permit fee. The fee shall be as established by the Common Council, from time to time, and as indicated on the schedule of licenses and fees appearing in Chapter 16 of this Code.
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 Chief of Police shall issue the permits and
collect the fees.
D.
Application. An application for permit 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.
E.
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 Common Council.
In the interest of public safety, all information contained
in and gathered through the alarm registration applications, no-response
records, applications for appeals and any other alarm records shall
be held in confidence by all employees and/or representatives of the
City.
A.
Hearing. Before a permit, issued pursuant to this chapter, may be
revoked a hearing shall 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 the hearing.
B.
Grounds for revocation. The Chief of Police may revoke a permit on
the following grounds:
C.
Appeals. Any permittee may appeal the decision of the Chief of Police
by filing a written notice of appeal with the City Clerk within 10
days after the decision. Such appeal shall be heard by the Common
Council within 30 days after filing of the appeal. The Common Council
may affirm, amend or reverse the decision or take other action deemed
appropriate. An appeal timely taken suspends the revocation until
the Common Council gives its decision. The City Clerk 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 Common Council shall not be limited
by the technical rules of evidence.
A.
Any person engaged in the alarm business in the City shall comply
with the following:
(1)
Obtain and maintain the required state and/or City license(s).
(2)
Provide name, address, and telephone number of the user, or a designee,
who can be called in an emergency, 24 hours a day; and contact a key
holder or other emergency contact who will respond immediately.
(3)
Provide the most current contact information for the alarm user.
(4)
Ninety days after enactment of this chapter the alarm installation
companies shall, on all new and upgraded installations, use only alarm
control panel(s) which meet SIA control panel standard CP-01.
(5)
Prior to activation of the alarm system, the alarm company must provide
instructions explaining the proper operation of the alarm system to
the alarm user.
(6)
Provide written information of how to obtain service from the alarm
company for the alarm system.
B.
An alarm company performing monitoring services shall:
(1)
Attempt to verify, by calling the alarm site and/or alarm user by
telephone, to determine whether an alarm signal is valid before requesting
dispatch. Telephone verification shall require, as a minimum, that
a second call be made to a different number, if the first attempt
fails to reach an alarm user who can properly identify themselves
to attempt to determine whether an alarm signal is valid, except in
the case of a panic or robbery-in-progress alarm, or in cases where
a crime-in-progress has been verified by video and/or audible means.
(2)
Provide alarm user registration number, when available, to the communications
center to facilitate dispatch and/or cancellations.
(3)
Communicate any available information about the location of the alarm.
(4)
Communicate a cancellation to the law enforcement communications
center as soon as possible following a determination that response
is unnecessary.
A.
It shall be unlawful to activate an alarm system for the purpose
of summoning law enforcement when no burglary, robbery, or other crime
dangerous to life or property is being committed or attempted on the
premises, or otherwise to cause a false alarm.
B.
It shall be unlawful to install, maintain, or use an audible alarm
system which can sound continually for more than 15 minutes.
C.
It shall be unlawful to install, maintain, or use an automatic dial
protection device that reports, or causes to be reported, any recorded
message to the Manawa Police Department.
A.
Appeals process.
B.
Assessments of civil penalty(ies) and other enforcement decisions
made under this ordinance may be appealed by filing a written notice
of appeal with the Manawa Police Department within 10 days after the
date of notification of the assessment of civil penalty(ies) or other
enforcement decision. The failure to give notice of appeal within
this time period shall constitute a waiver of the right to contest
the assessment of penalty(ies) or other enforcement decision. Appeals
shall be heard through an administrative process by the Protection
and Welfare Committee. All decisions made by the Protection and Welfare
Committee are final and remain without appeal.
C.
Appeal standard. The hearing officer or Protection and Welfare Committee
Chairman shall review an appeal from the assessment of civil penalty(ies)
or other enforcement decisions using a preponderance of the evidence
standard. Notwithstanding a determination that the preponderance of
the evidence supports the assessment of civil penalty(ies) or other
enforcement decision, the hearing officer shall have the discretion
to dismiss or reduce civil penalty(ies) or reverse any other enforcement
decision where warranted.
