Number
040559
Version
ORIGINAL
Reference
Sponsor
ALD. BAUMAN, WITKOWSKI, PUENTE, D'AMATO, MCGEE, WITKOWIAK AND HAMILTON
Title
An ordinance relating to burglary alarm response requirements for private alarm businesses licensed by the city.
Sections
105-75-2-b am
105-75-2-j rn
105-75-2-j cr
105-75-3-b-8 am
105-75-7-a am
105-75-9-d-5 rn
105-75-9-d-5 cr
105-75-9-d-6 cr
105-75-12-a am
105-75-12-c-3 cr
105-75-13-a-0 am
105-75-13-c-3 cr
105-75-14-f cr
105-75-14-g cr
Analysis
This ordinance requires that, prior to relaying a burglary alarm to the police department, a private alarm business shall obtain verification from a private first responder that an attempted or actual crime has occurred at the alarm site. A "private first responder" could be a private security company, an employe of an alarm business, an alarm user or a person appointed by the alarm user to be responsible for confirming that an attempted or actual crime has occurred at the alarm site. An alarm business shall provide a private first responder service as a condition of obtaining and maintaining a license to operate in the city of Milwaukee. Failure to provide a private first responder service or to obtain a response verifying an attempted or actual crime before contacting the police shall be grounds for non-renewal or revocation of an alarm business license.
Body
Whereas, The Common Council finds that 96% of the burglary alarms to which the Milwaukee Police Department responds are false alarms; and
Whereas, The Common Council finds that police responses to false alarms from private burglary alarm systems are unnecessarily consuming scarce property tax dollars and police man-hours while also increasing police response times to actual crimes; and
Whereas, The Common Council believes that property taxpayers at large should not be responsible for the costs incurred by the City in responding to such false alarms; and
Whereas, The Common Council seeks to reduce the number of false alarms transmitted by private alarm systems to the Police Department and to improve the quality of private alarm service provided to City of Milwaukee residents; and
Whereas, The Common Council finds that the number of false burglary alarms transmitted to the Police Department by private alarm systems could be greatly reduced and the quality of alarm service greatly improved by requiring, for each burglary alarm activation, that the private alarm business verify that an attempted or actual crime has occurred at the alarm site before relaying the alarm to the Police Department; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 105-75-2-b of the code is amended to read:
105-75. Private Alarm Systems and Regulations.
2. DEFINITIONS.
b. "Alarm business" means any person engaged in selling, leasing, renting, installing, monitoring, servicing, altering, moving or causing any alarm system to be sold, leased, rented, installed, monitored, serviced or altered in or on any building, place of business, structure, residence or other facility. Included in this definition are holders in due course of alarm system contracts. Excluded from this definition are sellers of alarm systems from a fixed location who do not visit the site where the alarm system is to be installed, or design the system for the location, or install, monitor, service or alter any existing alarm system. >>Also excluded from this definition is any person engaged solely in the business of confirming that attempted or actual crimes have occurred at the locations of activated burglary alarms.<<
Part 2. Section 105-75-2-j of the code is renumbered 105-75-2-k.
Part 3. Section 105-75-2-j of the code is created to read:
j. "Private first responder" means a private security company, a person employed by the alarm business, the alarm user or a person appointed by the alarm user to be responsible for confirming that an attempted or actual crime has occurred at an alarm site.
Part 4. Section 105-75-3-b-8 of the code is amended to read:
3. LICENSE REQUIRED.
b-8. A list of services offered by the alarm business >>, which shall include, but not be limited to, providing a private first responder service that verifies, in the case of an activated burglary alarm, that an attempted or actual crime has occurred at the alarm site before the alarm signal is transmitted to the police department<< .
Part 5. Section 105-75-7-a of the code is amended to read:
7. RENEWAL AND NON-RENEWAL.
a. Procedure for Renewal. Applications for renewal shall be made to the city clerk. The clerk shall refer the application for renewal to the chief of police for review. >>For any application for renewal of an alarm business license which expires on December 31, 2004, or later, the application shall state that among the services offered by the alarm business to alarm users is a private first responder service that verifies, in the case of an activated burglary alarm, that an attempted or actual crime has occurred at the alarm site before the alarm signal is transmitted to the police department.<< If the chief of police files no information with the city clerk that could form the basis of an objection, the license shall be referred to the common council for approval unless a written objection has been filed with the city clerk at least 30 days prior to the date on which the license expires. This objection may be filed by any interested person. If a written objection is filed, or if a determination is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee of the common council for its recommendation.
Part 6. Section 105-75-9-d-5 of the code is renumbered 105-75-9-d-7.
Part 7. Section 105-75-9-d-5 and 6 of the code is created to read:
9. HEARING PROCEDURE.
d. Grounds for Non-Renewal or Revocation.
d-5. Failure of the licensee to obtain, in the case of a burglary alarm, a verified response that an attempted or actual crime has occurred at the alarm site before the alarm signal is transmitted to the police department.
d-6. Failure to provide a private first responder service, as required by sub. 14-f.
Part 8. Section 105-75-12-a of the code is amended to read:
12. CENTRAL STATION ALARM SYSTEMS.
a. A central station shall promptly relay messages to the police or fire department. When the alarm signal has been generated by a nonemergency situation, such as the testing or repairing of alarm equipment, the central station shall not send an emergency message to the department. >>In the case of an activated burglary alarm, the central station shall relay the message to the police department only after a private first responder has verified than an attempted or actual crime has occurred at the alarm site.<<
Part 9. Section 105-75-12-c-3 of the code is created to read:
c-3. An alarm business which does not maintain keys to the premises shall not be exempt from the requirement of par. a to obtain, in the case of a burglary alarm, a verified response that an attempted or actual crime has occurred before relaying the message to the police department.
Part 10. Section 105-75-13-a-0 of the code is amended to read:
13. ALARM MONITORING SERVICE.
a. Any alarm monitoring service providing the service of receiving burglary, robbery or fire alarm messages from alarm systems and relaying alarm information to the fire or police department shall have trained employes on duty at all times. >>In the case of an activated burglary alarm, the alarm monitoring service shall relay the message to the police department only after a private first responder has verified that an attempted or actual crime has occurred at the alarm site.<< An alarm monitoring service shall provide pertinent information to the department at the time of telephone notification of the activation of any alarm, which shall include:
Part 11. Section 105-75-13-c-3 of the code is created to read:
c-3. An alarm business which does not maintain keys to the premises shall not be exempt from the requirement of par. a to obtain, in the case of a burglary alarm, a verified response that an attempted or actual crime has occurred before relaying the message to the police department.
Part 12. Section 105-75-14-f and g of the code is created to read:
14. ALARM BUSINESS REQUIREMENTS.
f. Provide a private first responder service that shall verify, in the case of an activated burglary alarm, that an attempted or actual crime has occurred at the alarm site before the alarm signal is transmitted to the police department.
g. In the case of an activated burglary alarm, relay the message to the police department only after a private first responder has verified that an attempted or actual crime has occurred at the alarm site.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB04325-1
JDO
08/30/04