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HomeMy WebLinkAboutOrdinances - MC-89-510 - 10/11/1989 - Ch 18 amending police alarm systemsORDINANCE NO. MC-89-510 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. Chapter 18 of the Municipal Code, City of McHenry, Illinois, is hereby amended by adding the following provision as and for Article VI thereof: ARTICLE VI POLICE ALARM SYSTEMS SECTION 18.90 DEFINITIONS: POLICE ALARM SYSTEM: The alarm monitoring and control system located in the McHenry City Hall Hall onto which any person or business (a "subscriber") may connect the alarm system of their premises for a fee. ALARM SYSTEM: An assembly of equipment arranged to s gnal the presence of a life or property threatening hazard requiring urgent attention and to which the police department is expected to respond. ALARM USER, OR USER: Any person or business on whose premises an alarm system is maintained other than alarm systems on a motor vehicle. FALSE ALARM: Means the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation or the negligence of the owner, user or lessee of an alarm system, or his employees or agents, except that the following shall not be considered false alarms: (1) Alarms caused by the failure or malfunction of the equipment .located in the McHenry City Hall. (2) Alarms caused by an attempted, or actual illegal entry. (3) Alarms caused by an on -premises fire. (4) Alarms intentionally caused by a person acting under a reasonable belief that a need exists to call the police department. (5) Alarms caused by tornadoes, earthquakes, major floods, or other natural disasters. SECTION 18.91 FALSE ALARMS PROHIBITED: It shall be unlawful for any person to knowingly activate an alarm system for the purpose of summoning the police if such person knows or suspects that there is no actual or prospective emergency. SECTION 18.92 CHARGES: When six (6) or more false alarms are received from any subscriber's premises during any calendar year by the alarm monitoring and control system, a service charge of $25.00 for the 7th false alarm and $25.00 for each and every false alarm thereafter shall be assessed and billed to the subscriber. SECTION 18.93 SUBSCRIBER'S REQUEST TO RECONSIDER SERVICE CHARGE: Within fifteen (15) days after receiving a bill for false alarm charges, the subscriber may file a written request with the Chief of Police to reconsider whether such alarm was false. Such request shall state the subscriber's opinion with respect to the cause of the alarm and shall indicate the facts upon which the subscriber bases said opinion. Within five (5) days after the receipt of such a request from a subscriber, the Chief of Police shall make a determination whether the alarm was false or not and shall notify the subscriber of that decision in writing by personal delivery or by mail. SECTION 10.94 DISCONNECTION OF SUBSCRIBER'S PREMISES FROM POLICE ALARM SYSTEM: A. zf more than ten (10) false alarms are received from the same premises in any calendar year, the Chief of Police may initiate proceedings to disconnect said premises from the police alarm system by forwarding a written request for such disconnection proceedings, alon? with any and all reports of false alarms at such premises in such calendar year, to the City Council. B. Upon receipt of such request from the Chief of Police, the City Council shall set a date for hearing to consider whether or not the subscriber's premises should be disconnected from the police alarm system. A written notice of such hearing and hearing date shall be mailed to the subscriber at least fifteen (15) days prior to such hearing date. C. The City Council shall conduct the aforesaid disconnection hearings and the Chief of Police and subscriber shall be permitted to present evidence in 2 support of or in opposition to such disconnection. At said hearing adeterminationL,, by a majority vote of the Corporate Authorities, shall be made whether or not to disconnect the subscriber's premises from the police alarm system and the City Clerk shall notify the subscriber of the Council's decision in writing within seven (7) days of the hearing date. D. In determining whether or not to disconnect any subscriber's premises from the police alarm system, the City Council may consider the following factors: 1. The number of false alarms from the subscriber's premises. 2. Whether or not the subscriber responded to deactivate the false alarms within one (1) hour after such false alarms began. 3. The efforts made, if any, by the subscriber to control, direct, and instruct the subscriber's employees with regard to the proper use of the subscriber's alarm system. 4. The efforts made by the subscriber to repair and maintain the alarm system in proper working order. 5. Any other matter the City Council deems relevant. SECTION 2. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Twenty Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3. All ordinances, or parts thereof, in conflict witF the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. PASSED this llth day of October, 1989. AYES: Bolger, Donahue,--Lieder, McClatchey, Patterson Serritalla, Smith, Teta NAYS: None ABSTAINEDs None ABSENT: None NOT VOTING: None APPROVED this llth day of October, 1989. MAY R ATTEST: CITY CLERK