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G-329 - 09/28/1982 - FIRE DEPARTMENT - Ordinances ORDINANCE N0. G- 329 ' AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOD AND PROVIDING FOR REVISED REGULATIO-TS FOR THE INSTALLATION, OPERATION, AND DiAINTENANCE OF ALARM SYSTEMS AND FIRE PROTECTION SYSTEMS WHEREAS, the President and Board of Trustees of the Village of Oak Brook have heretofore adopted Ordinance G-176 on September 23, 1975 partly as a result of unreliable alarm systems hampering the Police and Fire Departments of the Village in the performance of their respective duties and creating a public nuisance injurious to the public health, safety and welfare of the community and to the safety of individual policemen and firemen; and WHEREAS, the aforesaid Ordinance was adopted because of numerous false alarms; and WHEREAS, such false alarms require the expenditure of available manpower thus depriving the remainder of the community of these police and fire services respectively and reducing said departments' ability to promptly respond to calls for genuine emergencies or services; and WHEREAS, the purpose and intent of said Ordinance was and is to provide an inducement to alarm users to improve alarm reliability and to minimize false alarms, and secondarily, to defray a portion of the cost involved in responding to false alarms; and WHEREAS, a review of the workings of said Ordinance indicates amendment to the Ordinance is appropriate in order to differentiate between false fire alarms and other false alarms and to revise the provisions of said Ordinance to more effectively implement the original intent and purpose of said Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: That the provisions of the preamble hereinabove set fort are ereby adopted as though fully set forth herein. Section 2: That Ordinance G-176, codified as Article 1I of Chapter o t e Code of Ordinances of the'Village of Oak Brook, Sections 9-23 thru 9-46, be and is hereby entitled, "Automatic Burglar Alarms", and is hereby amended to read as follows: Section 9-23. Definitions. For the purpose of this Article, the following words and phrases shall have the meanings ascribed to them in this section. a. Alarm equipment supplier: Any person who sells leases or installs automatic alarm systems which transmit alarms upon receipt of a stimulus from a detection apparatus. b. Alarm system: Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of 1_ an illegal entry or other activity requiring urgent attention and to which the Police Department is expected to respond. . I ,I k `-�----="=- �,=�F?s•,a-�.=�-r-: 'F-:`�e"�'--�-�_'_..' :.'`::.c._is.-sue.,:::.._..._.___----•_—'_.__--- ORDINANCE NO. G-329 Page 2 c. Alarm user: The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein an alarm system is maintained. d. Automatic telephone dialing alarm system: Any alarm system which upon being activated auto- matically transmits by telephone or telephone line to the Oak Brook Police Department a recorded message or code signal indicating a need for emergency response. e. Central station alarm system: An alarm system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded in, and maintained and supervised from a central station other than the Oak Brook Police Department. f. Direct connect: An alarm system which has the capability of transmitting system signals to and receiving them at the Police Department Communications Center. g. False alarm: A visual and/or audible signal transmitted by an alarm system which. indicates the existence of an emergency situation, when in fact, no such emergency exists, and, shall include any activation of an alarm system by whatever means, but shall not include alarms resulting from any of the following causes: 1. Criminal activity; 2. Earthquake causing structural damage to the protected premise; 3. Hurricane winds causing structural damage to the protected premise; 4. Flooding of the protected premises due to overflow of natural drainage; S. Lightning causing physical damage to the protected premises; 6. Fire causing structural damage to the pro- tected premises verified by the Fire Department; 7. Telephone line malfunction verified in writing to the Police Department by an authorized telephone company supervisor within seven (7) days of the occurrence; or 8. Electrical service interruption verified in writing to the Police Department by the local power company manager within seven (7) days of the occurrence. ORDINANCE N0. G- 329 Page 3 t If the alarm, when communicated to the Police Depart- ment before an officer is dispatched to investigate, is clearly identified to the department as resulting from authorized entry, authorized system test, or other non-criminal cause through use of a preassigned code number, it shall not be considered a false alarm. I£ police units, responding to an alarm and checking the protected premises according to standard department operating procedures, do not discover any evidence of unauthorized entry or Criminal activity, there shall be a rebuttable presumption that the alarm is false. Entries in the Police Department "Daily Log" shall be prima facie evidence of the facts stated therein with regard to alarms and responses. Section 9-24. Permits Required. a. No person shall install, operate or maintain any automatic telephone dialing or direct connect alarm system without first obtaining a permit as required by this Section. b. Applications for permits to install, maintain and operate automatic telephone dialing and direct connect alarms shall be filed with the Chief of the Police Department on forms supplied by the Village and shall be accompanied by an application fee of 525.00. The application shall state the name, address and telephone number of the appli- cant's property to be serviced by alarm, the name, address and telephone number of the installer as well as a description of the system and the location wherein it is proposed to be installed. c. The Chief of Police shall approve such application if he finds that. 1. The 'use of the alarm service in question will not interfere with the orderly conduct of Village business; and 2. The alarm equipment supplier installing the system maintains a service organization capable of promptly and effectively repairing, maintaining and otherwise servicing the alarm system sold or leased by him. Notwithstanding the above, the Police Chief may impose reasonable conditions on the issuance and exercise of permits relating to the ability of the Police Department to respond to such alarms based upon the location of the alarm system and access thereto. Section 9-25. Inspection. The Police Department shall have the right to inspect any alarm system installed pursuant to this Article both prior to and subsequent to the issuance of a permit therefor, at any reasonable time to determine whether a permit should be issued, or if issued, whether the alarm system is being used in conformity with the terms of the permit and the provisions of this Article. ORDINANCE K0. G-329 Page 4 Section 9-26. Automatic Telephone Dialing Alarm Systems. No person shall install, maintain or operate any automatic telephone dialing alarm system except to su-"h telephone numbers as are designed by the permit issued therefor. Each holder of a permit for an automatic telephone dialing alarm system shall pay to the Village, on or before July 1 of each year, a service fee in the amount of fifteen dollars ($15.00) to reimburse the Village for the cost of providing special telephone lines to receive calls from such alarm systems and other expenses of operations relating thereto. Section 9-27. Revocation or Suspension of Permit. The Chief of Police may revoke or suspend any permit issued pursuant to the provisions of this Article, and may cause an alarm user, whose permit is revoked or suspended, to be disconnected from the authorized alarm panel located in the Police Department Communications Center, after giving written notice to the permit holder and an opportunity for the permit holder to be heard, upon a determination that the alarm system covered by the permit has been installed, maintained or operated in violation of any of the provisions of the Article or of any term or condition of the permit, or for failure to pay any applicable service fee or charge. Section 9-28. False Alarm Service Charge. An alarm user shall be charged a service charge of twenty-five dollars ($25.00) for each false alarm in excess of one in any three (3) month period transmitted by any alarm system. Such service charge shall be remitted to the Village by the alarm user upon receipt of a statement for such service charge. Section 9-29. Liability of Village Limited. The Village assumes no liability for: a. Any defects in the operation of an alarm system. b. For failure or neglect to respond appropriately upon receipt of an alarm. c. For failure or neglect of any person in connection with the installation, operation or maintenance of an alarm system. d. The transmission of alarm signals, prerecorded alarm messages or the relaying of such signals and messages. Section 9-30, Penalties. Any person who violates any of the provisions of this .Article shall be subject to a fine of not more than five hundred dollars ($500.00) for each such violation. Such z fine shall be in addition to any other fee or charge authorized pursuant to the terms of this Article. (Sections 9-31 through 9-46. Reserved.) Section 3: Article III of Chapter 6 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended by adding thereto as Division II of said Article III, Sections 6-52 through 6-61, entitled "Fire Protection Equipment", which shall read as follows: ORDINANCE NO.' G- 329 Page S r" Section 6-52. Definitions. For purposes of this Article, the following words and phrases shall have the meanings ascribed to them in this Section: a. False fire alarm: An alarm signal which indicates the existence of an emergency situation, when in fact no such emergency exists, and shall include any alarm signal generated by any fire protection system by whatever means, but shall not include alarms resulting from any of the following causes: 1, Fire causing structural damage to the protected premises verified by the Fire Department. 2. • Earthquake causing structural damage to the protected premises. 3. Hurricane winds causing structural damage to the protected premises. 4. Flooding to the protected premises due to overflow of natural drainage. S. Lightning causing physical damage to the protected premises. 6. Telephone line malfunction verified in writing to the Fire Department by- an authorized telephone company supervisor within seven days of the occurrence. 7. Electrical service interruption verified in writing to the Fire Department by the local power company manager within seven days of the occurrence. 8. Plumbing or electrical malfunctions unrelated to the fire protection system. b. Fire alarm user: The person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility or portion thereof wherein a fire protection system is maintained. c. Fire protection system: Any fire alarm devise or system, or fire extinguishing device or system, or their combination, which is designed and installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the Fire Department, or both, that a fire has occurred. Section 6-53. installation, Operation and Maintenance Standards. The installation, operation, maintenance and inspection of any fire protection equipment shall be pursuant to the terms of the Oak Brook Fire Prevention Code as specified in Sections 6-42 and 6-43 of this Code of Ordinances. ORDINANCE NO. G-329 Page 6 Section 6-54. False Fire Alarm Service Charge. A fire alarm user shall be charged a service charge of $150.00 for each false fire alarm if such false fire alarm is, (a) due to or caused by a lack of required maintenance as specified in the Oak Brook Fire Prevention Code; or (b) resulting from any test, repair, alteration or addition to the fire protection system without prior notification thereof to the Fire Department. For all other false fire alarms, an alarm user shall be charged a Semite charge of S150.00 for each such false fire alarm in excess of one in any three month period. All false fire alarm service charges shall be remitted to the Village by the alarm user upon receipt of the statement for such service charge. Section 6-55. Liability of Village Limited. The Pillage assumes no liability for: a. Any defects in the operation of an alarm system. b. For failure or neglect to respond appropriately upon receipt of an alarm. c. For failure or neglect of any person in connection with the installation, operation or maintenance of an alarm system. d. The transmission of alarm signals, prerecorded alarm messages of the relaying of such signals and messages. Section 6-S6. Penalties. Any person who violates any of the provisions of this article shall be subject to a fine of not more than five hundred dollars ($500.00) for each such violation. Such a fine shall be in addition to any other fee or charge authorized pursuant to the terms of this Article. (Sections 6-57 through 6-61. Reserved) Section 4: That this Ordinance shall be in full force and effect rom and after its passage and approval as provided by law as of November 15, 1982. Section 5: The Village Clerk is hereby authorized and directe to publish this Ordinance in pamphlet form in the manner provided by law. Passed this 28th day of September 1982. AYES: Trustees Congreve, Imrie, Listecki, Philip, Rush and Watson. NAYS: None ABSENT: None Approved this 28th day of September , 1982, x age rest ent 1 ORDINA\CE M0. G- 329 Page 7 r ATTEST: J Village Clerk Approved as to Form: .�. i lage Attorney Published 9/28/82 Pamphlet Form Date Paper Not Published . ' ' ' �