Skip to main content
Loading…
This section is included in your selections.

(1) Definitions. For the purpose of this section the following terms, phrases, and words shall be construed as follows:

(a) “Alarm agent” shall mean any person who owns or operates or is employed by an alarm business whose duties include the installation, altering, maintaining, moving, repairing, selling, servicing, responding to or causing others to respond to an alarm system in or on any building, structure, or facility.

(b) “Alarm business” shall mean the business by an individual, partnership, corporation or other entity of: selling, leasing, maintaining, servicing, repairing, replacing, moving or installing any burglary and/or robbery alarm system or causing the same to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed in or on any building, structure or facility. “Alarm business” shall not include the sale of alarm systems or alarm components where the seller does not provide installation or other service off of seller’s premises.

(c) “Alarm system” shall mean any mechanical, electronic, or electrical device that is designed or used for the detection of intrusion into a building, structure, or facility or for alerting others of an event within a building, structure or facility, or both, which causes a local audible alarm or the transmission of a signal or message. “Alarm system” includes, but is not limited to, direct alarms, direct dial telephone devices, audible alarms, proprietor alarms, and supervised alarm systems. Devices that are not designed or used to evoke a police response, or are not used to register alarms that are intended to be audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by a telephone company to protect its systems which might be damaged or disrupted by the use of an alarm system.

(d) “Audible alarm” shall mean a device designed for the detection of an intrusion of a building, structure or facility which generates an audible sound at the building, structure or facility when actuated.

(e) “Direct alarm” shall mean any alarm system installed within the city and connected directly to either the city’s police department or an alarm company central monitoring station by either a leased telephone line, digital dialing device, radio frequency, or similar direct means not using a commercial telephone exchange trunk line.

(f) “Direct dial alarm” shall mean any alarm system which is connected to a telephone device or attachment, and when activated automatically selects a commercial telephone exchange trunk line and then transmits a prerecorded message to report a burglary, robbery, intrusion into a building, or other emergency.

(g) “Evaluation of false alarms” shall mean a procedure established by the chief of police to determine whether an alarm is a false alarm.

(h) “False alarm” shall mean the activation of an alarm system by causes other than the commission or attempted commission of an unlawful act the alarm system is designed to detect. “False alarm” shall not include activations determined by the police department to be caused by earthquakes, violent winds, or external causes beyond the reasonable control of the owner or lessee of the alarm system.

(i) “Proprietor alarm” shall mean an alarm that is not regularly serviced by an alarm agent.

(j) “Supervised alarm” shall mean an alarm system monitored at a continuously supervised alarm company or proprietor central station which monitors connected alarm systems for scheduled opening and closing times and does not cause or request a police response to intrusion alarm activations during the alarmed location’s normal operating hours.

(k) “Terminal monitor module” shall mean a device installed at the city’s police department to which direct alarms are connected by means of a leased telephone line or digital dialing device.

(2) Registration of Alarm Agents. No person shall engage in, conduct, or operate as an alarm agent without registering his name and filing a copy of his state identification card with the chief of police. No fee or application shall be required for such registration.

(3) Permits Required. It shall be unlawful for any person to use, install or cause to be installed an alarm system of any building, structure or facility within the city and under the person’s control without applying for and receiving an alarm system permit therefor. A separate alarm system permit shall be required for each building, structure or facility on which an alarm system is used or installed.

(4) Application for Permit. Application for an alarm system permit shall be made to the chief of police. The chief of police shall prescribe the form of the application and request such information as the chief deems necessary to evaluate and act upon the application, which information shall be submitted by the applicant under penalty of perjury. The police chief may establish procedures for the administration of this section and may establish conditions for the issuance of alarm system permits. The application shall be accompanied by the fee set from time to time by the city council.

(5) Fees and Charges – Police Department Response Services Charges. A service charge of $15.00 shall be paid to the city by the alarm system permit holder for a third response made to the location of a false alarm by the police department during the same 12-month period. A service charge of $30.00 shall be paid upon the fourth response made to the same location of a false alarm by the police department during any 12-month period, and a service charge of $45.00 shall be paid to the city upon the fifth and each subsequent response made to the same location of a false alarm by the police department during any 12-month period.

(6) Alarm Business Permit – Grounds for Denial. An application for any alarm business permit shall be denied if:

(a) The applicant knowingly made any false, misleading or fraudulent statement of a material fact in an application for the permit or in any report or record required to be filed with the city, pursuant to the provisions of this section;

(b) The applicant has been convicted of a felony or any crime involving theft or embezzlement; and

(c) The applicant has had an alarm system permit revoked by the police department for good cause within the past year and the applicant is unable to show a material change in the circumstances causing the revocation.

(7) Terminal Alarm Module.

(a) Authorization. The city manager may, with the approval of the city council, enter into appropriate agreements with an alarm agent, or agents, to provide a terminal monitor module at the police department. No exclusive contract will be entered into for the provision of a monitor module unless the monitor module will be accessible to all alarm systems desiring to utilize the system and will not be compatible only with the contractor’s system. No other direct alarm receiving mechanisms or systems shall be installed in the police department of the city unless specifically authorized by the city manager.

(b) Connection Module. Every direct alarm system shall be allowed a direct connection to the terminal monitor module upon payment of fees, submission of required emergency data, adherence to all provisions of this section, hold harmless agreement and such other requirements as may be established by the police chief.

(8) General Alarm Requirements.

(a) Delay Device. All alarm systems, other than those set forth in subsections (8)(a)(i) through (iv) of this section, that transmit a signal directly to the city’s police department or an alarm company central station through either a terminal monitor module or a telephone dialer with a pre-recorded message shall include a device which will provide a minimum 20-second delay between detection of the intrusion and the original transmission. Such a system must also activate a signal immediately in such a manner as to be perceptible to a person lawfully, entering, leaving, or occupying the premises. The audible device is intended to provide an opportunity for the person having lawful control of the alarm system to terminate its operation after activation, but prior to the transmission of a false alarm. All alarm systems shall be required to include a delay device as described herein within six months after the adoption of the ordinance codified in this section. The following alarm systems shall not be required to include a delay device:

(i) Those interior alarm systems which are activated as a “silent” alarm to announce an actual robbery in progress (commonly known as a 211 silent).

(ii) Those alarm systems installations which have been certified by Underwriters Laboratories (UL) and which are required to instantly transmit an activation in order to maintain their UL certification. Proof of such certification and requirement shall be provided to the city upon request.

(iii) That portion of any alarm system connected to windows, including display windows, skylights or other perimeter appurtenances not a normal means of entry or exit.

(iv) Supervised alarm systems.

(b) Response to Location. Whenever an alarm system has been activated, the owner or other person in control of the facility wherein such system is located shall arrive at such facility within one hour after being requested to do so by the police department. Such person shall then inspect, or cause to be inspected, the alarm system to ensure its proper operation. The city of Cudahy, its elected and appointed officers and each and every employee shall be held harmless for any malfunction of such alarm system or for failure to respond to an activation of the alarm system for whatever reason.

(9) Audible Alarm Requirements.

(a) No audible alarm system shall generate audible sound for longer than 15 minutes after activation where the alarm system is protecting a residential structure and not longer than 30 minutes where the alarm system is protecting a commercial structure.

(b) No person shall install or maintain any audible alarm system which creates a sound similar to that of an emergency vehicle siren or a civil defense warning system.

(c) Every person maintaining an audible alarm system shall post a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any hour of the day or night that the alarm is activated. Such notice shall be posted near the alarm in such a position as to be legible from the ground level adjacent to the building, structure or facility where the alarm system is located.

(10) Direct Dialer Restrictions. No person shall use, permit, or cause to be used any telephone device or telephone attachment that automatically selects any city or its police or fire department telephone number on other than a specific telephone line reserved for that purpose. Any such approved system may transmit the following message:

A (type of alarm) has activated at (name and address of business or residence). Please contact (name and telephone number of person or alarm agency who will respond to location). Repeat message 3 times.

“A 459 audible alarm has activated at the John Jones residence, 1234 East Main Street, Apartment B. Please contact Sam Jones at 3322344... A 459 audible alarm... etc.” (repeated twice more).

(11) False Alarm Prevention. The police department shall be notified prior to any service, test, repair, maintenance, adjustment alteration, or installation of a system which would normally result in a police response constituting a false alarm. Any alarm activated when such prior notice has been given shall not constitute a false alarm.

(12) Permit Revocation. An alarm system permit may be revoked by the chief of police for any of the following reasons:

(a) The failure to observe any of the regulations or provisions of this section.

(b) False representations knowingly made upon an application or notice of change required by the provisions of this section.

(c) Six false alarms from any system or systems at one premises, whether from more than one building, structure or facility during any 12-month period.

(13) Permit Revocation and Reinstatement.

(a) Notice of Effective Date. A written notice of revocation, stating the reason for such revocation, shall be personally served upon or mailed to the owner or lessee of the alarm system by certified mail at the address shown on the application or the latest notice of change on file with the city. In the event the notice of revocation is mailed, service shall be deemed complete upon deposit in the United States mail. The effective date of the revocation of an alarm system permit shall be 15 days after service of a notice of revocation. Said notice shall state that an informal hearing may be requested prior to the effective date of revocation. If such hearing is requested, the chief of police shall schedule a meeting at the earliest possible time which is mutually convenient to the parties. At the hearing, the chief of police shall make his decision within five days after the hearing, and shall, within 10 days of his decision, give written notice to the owner or lessee. Such notice shall include a statement of the reasons for the decision, and the effective date of the decision. The decision of the chief shall be final.

(b) Reinstatement of Police Response. In those cases where the permit has been revoked as set forth in subsection (13)(a) of this section, the prior permit holder may request a subsequent hearing to show proof that actions have been taken to correct the grounds for revocation of the permit. Such requests shall be submitted in writing to the chief of police. Upon receipt of such letter, the chief of police shall set the matter for an informal hearing as soon as practicable and provide the alarm owner and/or lessee with written notice of the time, date, and place of said hearing. The chief of police shall give the alarm owner and/or lessee at said hearing an opportunity to show proof that corrective actions have been taken. Based on the information presented, the chief of police may reinstate the permit, with or without conditions, refuse to reinstate the permit, or recommend additional corrective actions that are likely to result in reinstatement of the permit. The chief of police shall verbally advise the applicant for reinstatement of his determination and the reasons therefor at the conclusion of the hearing and provide written notice within five days thereafter.

(c) Refiling for Permit. After revocation of a permit, an applicant may refile for a permit if the applicant can show a material change in the circumstances that resulted in the revocation.

(d) Surrender of Permit. Whenever revocation of an alarm system permit becomes effective, the permit shall be surrendered forthwith to the chief of police, and the alarm system shall forthwith be removed or deactivated.

(e) Appeal. The owner and/or lessee of an alarm system who has received a notice of determination by the chief of police that the permit has not been reinstated, as provided by subsection (13)(b) of this section, may appeal said determination to the city manager within 15 days after receipt of said notice of determination from the chief of police. Said appeal shall be in writing, briefly stating therein the basis for such appeal. Upon receipt of such letter of appeal, the city manager shall give the appealing party and any other interested party a reasonable opportunity to be heard. In all cases, the burden of proof to show that the action of the chief of police was arbitrary or in excess of his authority shall be upon the appealing party. The determination of the city manager shall be final and conclusive.

(14) Authority to Inspect Installations. For the purpose of enforcing the provisions of this section, the chief of police, or his designee, shall have the authority to enter upon any premises within the city to inspect the installation and operation of an alarm system.

(15) Infractions. Violations of this section shall be deemed an infraction and shall be punishable by:

(a) A fine not exceeding $50.00 for a first violation;

(b) A fine not exceeding $100.00 for a second violation within one year;

(c) A fine not exceeding $250.00 for each additional violation within one year. (Ord. 333 § 1. 2002 Code § 3-1.40).