10 - Emergency Systems - Bayside

Ordinance #10

Emergency Systems
Emergency Systems - Bayside


Sec. 34-1. Ambulance conveyance fees.

Every person who is conveyed to any health care facility by a village ambulance shall be charged an ambulance conveyance fee as established by the village board from time to time by ordinance or resolution. Each individual who is conveyed to any health care facility in this manner shall be billed by the village for this service and shall be responsible for payment of such bill. The conveyance fee may be waived by the village manager for good cause shown as he or she may in his or her sole judgment determine.

(Ord. No. 332, §1(3.10), 3-4-93)

Secs. 34-2 34-30. Reserved.


Sec. 34-31. Purpose.

The purpose of this article is to encourage the installation of emergency alarm systems in all structures within the village in order to provide additional protection to persons and property from fire and crime, including burglary, robbery and such other hazards as may constitute a danger to persons or property. It is anticipated that such installations will provide a technique of early detection that will permit the police department to increase the present level of protection to persons and property.

(Code 1967, § 30.001(12)(A); Ord. No. 94-338, § 1, 7-7-94)

Sec. 34-32. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alarm system means fire and/or burglar and/or other detection systems, as follows:

(1) Fire or smoke detection system means any device designed to automatically, by electronic or mechanical means, detect the existence of fire or smoke, and when activated, automatically sound an alarm, either audible or visual, or transmit a signal or message, or any combination of the above.

(2) Intrusion detection system means any device designed to detect an unauthorized entry into a residence or place of business and automatically sound an alarm, either audible or visual, or transmit a signal or message, or any combination of the above.

(3) Hold-up/robbery alarm system means any device designed to initiate, by manual means, a signal, either audible or visual, or transmit a signal or message, or any combination of the above to alert the police department of a hold-up or robbery in progress.

(4) Emergency alarm system means any other device not included above, designed to alert danger to persons or property, including but not limited to gas alarms, swimming pool entry and defective central heating systems.

Structure means any building built for the support, shelter or enclosure of persons except for accessory buildings as permitted by section 14-4.

(Code 1967, § 30.001(12)(B); Ord. No. 94-338, § 1, 7-7-94)

Cross reference-Definitions generally, § 1-2.

Sec. 34-33. Code requirements.

Any alarm system installed in the village shall conform where applicable to the village electrical code, and to the minimum standards for alarm systems as set forth in the current revisions of the National Fire Protection Association (NFPA) Bulletins, which bulletins are incorporated herein by reference. Adjoining condominium units shall, in addition to conforming to the foregoing minimum standards, require a minimum 85-decibel audible sounding device to be located in the adjoining condominium unit, which device shall activate in case of fire, and have the capability of being reset from the control panel in either condominium unit. Such alarm systems shall also conform where applicable to the minimum specifications set forth in the building code of the village and all other applicable provisions of the state code and of this Code. Only devices and equipment approved and tested by a recognized independent testing agency will be accepted. Variances from specifications may be permitted by the chief of police providing such variations are noted and accompany the application for installation.

(Code 1967, § 30.001(12)(C); Ord. No. 94-338, § 1, 7-7-94)

Sec. 34-34. Permits.

(a) Required. A permit shall be required for each alarm system now installed on premises within the village or installed after the effective date of Ordinance No. 338, provided that such system, upon activation, automatically initiates notification, whether direct or indirect, to the police department.

(b) Permit fee. A permit fee in such amount, as may be established by the village board from time to time by ordinance or resolution, for each alarm system shall be paid at the time of filing an appropriate application for a permit. Permits shall be required prior to the installation of any new alarm systems after the effective date of this article.

(Code 1967, § 30.001(12)(D); Ord. No. 94-338, § 1(D), 7-7-94)

Sec. 34-35. Application for permit.

(a) Prior to the installation of any alarm system, a detailed plan and specification of the entire system shall be submitted to the chief of police for review and approval. Such plan shall show the location of all proposed devices. Such application shall be filed on police department forms requesting such information as is necessary to evaluate and act upon the application; the application form shall be signed by proposed permittee, and in doing so the proposed permittee shall agree to pay any and all service fees and/or forfeitures that may be imposed as a result of operation of the system within 15 days. The permittee, by signing the permit application, agrees to comply with the requirements of this article and understands that fees not paid by 15 days of receipt of the invoice shall be considered delinquent, and as of the date of such delinquency, automatically authorizes the village clerk to place the amounts then due and owing to the village upon the village tax roll; all proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to those fees if they are not paid within the time required for the payment of taxes upon real estate.

(b) Upon the completion of installation, the system shall be tested by a factory representative or by the installer in the presence of a member of the police department to ensure that the system operates in conformance to the specifications as approved.

(c) Subsequent tests of all commercial systems shall be made at the frequency recommended by the appropriate standard (NFPA), and a report of such test shall be submitted to the police department.

(Code 1967, § 30.001(12)(E); Ord. No. 94-338, § 1, 7-7-94)

Sec. 34-36. Prohibitions.

(a) Alarm system permits. No person shall install an alarm system or use or possess an operative alarm system in the village without having a permit in accordance with the provisions of this article.

(b) False alarm. No person owning, using or possessing an alarm system shall cause or permit the giving of a false alarm, whether intentional, accidental or otherwise.

(c) Audible alarms. No person shall use or install an alarm system that upon activation shall emit an audible alarm unless such system shall automatically shut off within ten minutes after being activated. Such system shall not automatically reset the system or device causing the alarm that could cause additional alarms.

(d) Testing. No person shall test any system connected directly to the police department more than once monthly. The test shall not consist of more than two signals to the police department. Schools, health care facilities and financial institutions shall be exempt from this subsection.

(Code 1967, § 30.001(12)(F); Ord. No. 94-338, § 1, 7-7-94)

Sec. 34-37. Structures covered.

All new structures within the village shall be required to install fire detection systems when constructed. Structures existing on July 7, 1994, except one-family and two-family dwellings, are required to install such systems without delay. Alarm systems for structures existing on July 7, 1994, must be completely installed within 90 days of receipt of approval of the system from the chief of police. Further, the installer must notify the chief of police within 15 days after completion of the installation, requesting an inspection of the alarm system.

(Code 1967, § 30.001(12)(G); Ord. No. 94-33S, § 1(G), 7-7-94)

Sec. 34-38. Remodeling or repair.

The remodeling of any residence or the rebuilding of any residence destroyed from any cause that exceeds 25 percent of the equalized valuation will be required to conform to this article.

(Code 1967, § 30.001(12)(H); Ord. No. 94-338, §1, 7-7-94)

Sec. 34-39. Connection to police department.

Alarm systems installed in commercial buildings and residential property may be connected directly to the village police department with the approval of the chief of police. The installation, operation and maintenance thereof shall be at the expense of the property owner. Alarms connected to the police department shall have a separate line to the department and shall not be connected to existing telephone lines of the police department. Applications for connection to the police department shall provide for waiver and release of municipal liability by reason of such connection. The police department may require that alarms be connected to a receiving module located in the police department but owned and operated by a private contractor, and that any owner wishing to connect an alarm system to the police department enter into an agreement with the contractor governing the installation and maintenance of the connection, including payment of fees to the contractor for such service.

(Code 1967, § 30.001(12)(I); Ord. No. 94-338, § 1, 7-7-94)

Sec. 3440. False alarms.

(a) False alarm shall mean a signal from an alarm system received by the police department, whether directly or indirectly, necessitating response by the police department when an actual emergency situation does not exist.

(b) Penalty for first violation. For the first violation in any calendar year of subsection (a) of this section, the person in violation shall be issued a warning by the police department.

(c) Penalty for succeeding violations. For the second and succeeding violations of subsection (a) in any calendar year, the person in violation shall be subject to the following service charges:

(1) Second and third false alarms, $50.00.

(2) Fourth and fifth false alarms, $75.00.

(3) Sixth and subsequent false alarms, $100.00.

If any service charge is not paid within 30 days of a billing date, the charge will be placed on the building owner's real estate tax bill.

(d) Penalty after sale of property. When a property owned by a person who has violated subsection (a) is sold to another person, the first violation thereafter shall be treated as an initial violation and penalized accordingly.

(e) False alarm by commercial company. Each false alarm originated by a commercial alarm company without the prior notification to the police department shall be punished, upon conviction, as provided in section 1-13.

(f) Appeal. Any person who has been assessed any penalty or service charge pursuant to subsection (c) above shall have a right to appeal by filing a written request for reconsideration with the village manager within ten days after receipt of notice of a penalty or service charge. The village manager shall have the authority to affirm, cancel or modify any penalty or service charge. A decision of the village manager may be appealed to the public safety committee of the village board by filing a written notice of appeal with the village clerk within ten days after a written decision of the village manager. The procedure for such an appeal shall be in accordance with section 34-42 below. The public safety committee shall have the authority to affirm, amend or reverse the decision of the village manager or take such other action deemed appropriate. (Code 1967, § 30.001(12)(J); Ord. No. 94-338, §1, 7-7-94; Ord. No. 96-367, §§ 1, 2, 3-7-96)

Sec. 34-41. Suspension and revocation of permits.

(a) Grounds for suspension. The police chief may suspend or revoke a permit where the permittee has continuously failed to comply with the provisions of this article, or whenever an alarm system actuates excessive false alarms and thereby constitutes a public nuisance, or whenever the application for a permit contains a statement of a material fact, which statement is false.

(b) Nuisance. For the purpose of this section, any system that produces ten or more alarms within any calendar year, absent any extenuating circumstances, shall be deemed as a public nuisance and the alarm permit shall be suspended or revoked at the discretion of the police chief.

(c) Hearing. Before a permit issued pursuant to this article may be revoked, a hearing must be held before the police 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. (Code 1967, § 30.001(12)(K); Ord. No. 94-338, § 1, 7-7-94)

Sec. 34-42. Appeal.

(a) Any person who has been denied an alarm system permit or had a permit suspended or revoked by the police chief shall have a right to appeal that decision to the public safety committee of the village board. A written notice of appeal shall be filed with the village clerk within ten days after the decision. The public safety committee may affirm, amend or reverse the decision of the chief or take other action deemed appropriate.

(b) Such appeal shall be heard by the public safety committee within 30 days after the filing of the appeal.

(c) The village clerk shall give written notice of the time and place of the hearing to the appellant. Such notice shall be given by registered or certified mail or personal delivery not less than seven days before the hearing.

(Code 1967, § 30.001(12)(L); Ord. No. 94-338, § 1, 7-7-94; Ord. No. 96-367, § 3, 3-7-96)

Sec. 34-43. Penalty

(a) Any person who shall violate any of the terms or provisions of this article, other than sections 34-40, shall, upon conviction thereof, be punished as provided in section 1-13.

(b) Each day's continuance of such violation shall be construed to be a separate offense and shall be subject to a forfeiture of not less than $25.00 nor more than $2,000.00, together with the costs of the action.

(Code 1967, § 30.001(12)(M); Ord. No 94-338, § 1, 7-7-94)