8.05 Emergency alarm control ordinance (1/19/93).
(1) Purpose, Intent. It is the intent of this ordinance that the safety and welfare of the public be promoted by efficient use of alarm systems requiring the response of law enforcement or fire personnel. It is hereby recognized that well-maintained alarm systems aid in the detection of crime and other emergency situations. It is also recognized that negligently maintained alarm systems cause an undue burden to law enforcement and fire protection and create dangers to members of the responding agency and the public. It is the purpose of this ordinance to establish regulations relating to the installation, use and termination of such alarms, and to establish a Safety Building Central Alarm Station, located in the Kenosha County Safety Building, under the jurisdiction of the Joint Services Board, to monitor alarms.
(2) Construction, Severability. This ordinance shall be liberally construed to give effect to its purpose. It is intended that this ordinance be interpreted to be consistent with applicable state and federal law. This ordinance is severable. If any portion herein is declared invalid, it shall not affect the validity of the balance of this law.
(3) Definitions. In this ordinance, the following words shall have the following meanings:
(a) “Alarm” is any mechanical or electrical device which upon being activated by a criminal act, fire, emergency, or any other reason, transmits a signal to the Safety Building Central Alarm System or to a central alarm system to elicit a response from law enforcement personnel, or fire department personnel, or which produces an audible or visual signal to notify members of the public within range of such signal or of a need for help.
(b) “Automatic telephone dialing device” is any electric or mechanical unit which has the capability of automatically dialing any telephone number programmed into it to deliver either a prerecorded voice message or other signal.
(c) “False alarm” is a signal from an alarm resulting in response by law enforcement or fire department personnel when an emergency or a crime did not exist at the location of the alarm.
(d) “Fire department personnel” shall mean members of the City of Kenosha Fire Department.
(e) “Law enforcement personnel” shall mean members of the City of Kenosha Police Department or the Kenosha County Sheriff’s Department.
(f) “Owner” shall be broadly interpreted to include any person, association, corporation, institution or organization, which has a connection to the Safety Building Central Alarm System, or which has possession of any other alarm system of any kind or nature.
(g) “Person” includes any individual, association, corporation, institution or organization.
(h) “Responding agency” is defined as any of the following: Kenosha Fire Department, Kenosha Police Department or Kenosha County Sheriff’s Department.
(4) Safety Building Central Alarm System.
(a) A central alarm system shall be maintained in the Kenosha County Safety Building at such location as the Joint Services Board shall designate.
(b) The Joint Services Board and responding agencies shall determine who shall be allowed an alarm connection or connections to the Safety Building Central Alarm System, and the total number of connections to be made, according to written policies developed by the Joint Services Board and the responding agencies. Said policies may be changed from time to time as deemed advisable by the Joint Services Board. The Joint Services Board and responding agencies may consider, along with other factors, state or federal laws or local regulations which require certain persons to maintain an alarm system.
(c) Persons desiring to have an alarm system connection to the Safety Building Central Alarm System shall file an application with the Joint Services Board. The Joint Services Board shall forward copies of the application to responding agency for approval of application. Written notice of decision of responding agency shall be returned to Joint Services Board within ten (10) working days. Written notice of the decision of the responding agency and Joint Services Board on an application shall be mailed to the applicant at the address given on the application within 30 days of the date of such application. No person shall cause to be connected to the Safety Building Central Alarm System an alarm system without receiving prior written approval from the Joint Services Board and responding agencies.
(d) All approvals by the Joint Services Board and responding agencies for connection of alarm systems shall be subject to the following conditions:
1. Applicant shall use only alarm equipment that meets minimum alarm device standards of Underwriters Laboratories and National Fire Protection Agency (NFPA) and which is compatible with the Safety Building Central Alarm System equipment.
2. All installation costs associated with connection to the Safety Building Alarm System shall be borne by the applicant.
3. All costs associated with disconnection or termination of service shall be borne by the applicant, whether such disconnection or termination is required by the Joint Services Board, the responding agency, or by choice of the owner. Such costs include the costs of termination and reconnection in the event the Safety Building Central Alarm System is relocated.
4. Applicant shall cause the alarm system to be periodically inspected and maintained in accordance with the manufacturer’s recommendations and the requirements of the Joint Services Board. The Joint Services Board reserves the right to inspect the applicant’s equipment at any time for any reason related to the efficient operation of the alarm system. Failure to allow inspection shall be cause for immediate removal.
5. Applicant shall sign an agreement holding the County and City of Kenosha, its agents and employees, the Joint Services Board and responding agencies harmless for any and all damages or losses resulting directly or indirectly from an alarm connection with the Safety Building Central Alarm System.
6. Applicant shall pay a reasonable monitoring fee as set by the Joint Services Board.
(5) Automatic Telephone Dialing Device Prohibited. No person shall sell, use or cause to be used any automatic telephone dialing device which automatically selects a public telephone number of the Kenosha County Safety Building, the Kenosha County Sheriff’s Department, the City of Kenosha Police Department, or the City of Kenosha Fire Department and produces a prerecorded message reporting a burglary or other emergency.
(6) Audible or Visual Alarm System.
(a) Any person who maintains an audible or visual alarm shall use and install only alarm equipment which meets minimum alarm device standards of Underwriter’s Laboratories, National Fire Protection Agency (NFPA) and shall regularly test, inspect, and maintain such equipment in accordance with the manufacturer’s recommendations, to insure such equipment is in proper operating condition.
(b) No person shall sell, install or use an alarm which upon activation emits a sound the same or similar to civil defense sirens or emergency vehicle sirens.
(7) Private Alarm Companies. Private alarm companies, including persons engaged in the business of monitoring burglary alarm systems, when reporting an alarm to the Safety Building, shall first identify the private alarm company and the name of the person phoning.
(8) Intentional False Alarm. No person shall intentionally cause the activation of an alarm device if such person knows that no crime or emergency exists which requires law enforcement personnel or fire department personnel to respond to such alarm.
(9) Penalties for Repeated False Alarms.
(a) Persons in possession of alarm systems intended to elicit a response from law enforcement personnel or fire department personnel shall pay to the Joint Services Board a charge per each false alarm responded to by such personnel, according to the following schedule for each calendar year: (1/14/03)
1. | First 2 false alarms | No Charge |
2. | Third and fourth false alarm | $50.00 |
3. | Fifth through eighth false alarm | $75.00 |
4. | Ninth and tenth false alarm | $100.00 |
5. | Eleventh through fifteenth false alarm | $200.00 |
6. | Sixteenth through twentieth false alarm | $300.00 |
7. | Twenty-first or more false alarms | $500.00 |
(b) Each business, residence or other premises to which law enforcement personnel or fire department personnel are dispatched or arrive shall be considered a separate occurrence for purposes of determining the number of false alarms.
(10) Disconnections. The Joint Services Board and responding agencies may, on thirty (30) days notice to the owner, require the disconnection, at owner’s expense, of any alarm system connected to the Safety Building Alarm Panel for any reason reasonably related to the intent and purpose of this ordinance, including, but not limited to, failure to pay monitoring fees, repeated false alarms, repeated malfunctions of equipment, or failure to pay false alarm fees.
(11) Penalty. Any person found guilty of a violation of any of the provisions of this ordinance shall forfeit not less than $50.00 nor more than $500.00 for each such offense and in default of payment thereof, shall be imprisoned in the Kenosha County Jail for a period of not more than thirty (30) days.
(12) Appeal. Any person, association or corporation aggrieved by any decision of Joint Services or the responding agency under the terms of this ordinance may appeal in writing to the Joint Services Board within ten (10) days of receipt of notice of the reason such party believes it is aggrieved. All written notices provided by the Joint Services Board and responding agencies pursuant to this ordinance will be presumed to be received within four (4) days of the date of mailing to most current address on file with Joint Services. The Joint Services Board shall hear such grievance within thirty (30) days of the date such grievance is filed.
(13) This ordinance shall be effective in all areas of Kenosha County. Incorporated areas, where existing ordinances do not conflict, will be governed by this ordinance.