NUMB:
951416
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. MURPHY
TITL:
A substitute ordinance relating to private alarm
systems and regulations.
SECS:
105-75 rc
ANLS:
- Analysis -
Effective January 1, 1997, this ordinance revises the
ordinances regulating private alarm systems as
follows:
1. The existing alarm systems ordinance requires
applicants for new alarm business licenses to be
fingerprinted. This ordinance expands that
requirement to include applicants for license
renewals. The ordinance also requires businesses
whose owners and officers are not Wisconsin residents
to name a representative who is a Wisconsin resident.
2. The ordinance creates an "alarms officer" to be
designated by the police chief to monitor alarm
systems, issue citations for violations and maintain
records related to false alarms and related matters.
The alarms officer may recommend revocation or
nonrenewal of an alarm business license.
3. The ordinance requires alarm businesses to keep
records of alarm dispatches sent to the fire and
police departments. Alarm monitoring services must
try to verify the validity of each alarm signal
(except holdup alarms) before notifying the fire
department or police. Such verification does not
require voice contact with a person at the alarm
site.
4. The ordinance authorizes revocation and
nonrenewal of alarm business licenses for violations
of the alarm ordinance.
5. Persons who have alarm systems (alarm users)
must comply with specified requirements to reduce
false alarms and provide access to the premises when
necessary. Alarm businesses must provide alarm users
with written and oral information about how to avoid
false alarms.
6. The ordinance prohibits any alarm system from
having an exterior motion detector (outside the
structure) that transmits a dispatch request or
message to the police or fire department. Also
prohibited is an exterior motion detector that
generates an alarm that is audible on the exterior of
the structure.
7. The ordinance prohibits any alarm that sounds
outside a building from being capable of sounding for
more than 15 minutes.
8. After January 1, 1997, the ordinance prohibits
duress and panic alarms in new alarm systems and
systems that are converted or taken over. Also
prohibited after that date is installation of any
holdup alarm that is a single action non-recessed
button.
9. The ordinance specifies that the police and fire
departments are authorized to respond to alarm
dispatch requests from alarm companies.
10. The ordinance increases the maximum forfeiture
for violation of the current alarm ordinance (except
for false alarms) from $500 to $1,000. The ordinance
adds a graduated forfeiture for false alarms. After
the first 2 false alarms, for which there is no
forfeiture, the forfeiture is $50 to $150 per
occurrence, depending on the number of false alarms
in a calendar year.
BODY:
The Mayor and Common Council of the City of Milwaukee
do ordain as follows:
Part 1. Section 105-75 of the code is repealed and
recreated to read:
105-75. Private Alarm Systems and Regulations. 1.
PURPOSE. The purpose of this section is to regulate
alarm systems and to minimize false alarms from these
systems. Alarm businesses shall be licensed by the
city under this section. A direct alarm connection to
any agency of the city shall comply with s. 105-73.
2. AUTHORIZATION. The police department and fire
department are authorized to respond to alarm
dispatch requests.
3. DEFINITIONS. In this section:
a. "Alarm agent" means any person employed by an
alarm business or central station whose duties
include the altering, installing, maintaining,
repairing, servicing or responding to an alarm
system.
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. "Alarm business" does not include 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.
c. "Alarm dispatch request" means a notification to
the fire department or police department by an alarm
business that an alarm has been activated by an alarm
system within the city.
d. "Alarm monitoring service" means an alarm
business that provides to alarm users the service of
accepting from alarm systems those recorded signals
that indicate activation of fire, burglary or robbery
alarms, and relaying the alarm messages by voice
contact to the fire department or the police
department. An alarm monitoring service may be
located within or outside of Wisconsin.
e. "Alarm system" means any mechanical or
electrical equipment arranged to signal the
occurrence of a fire, burglary or robbery requiring
immediate fire or police department notification,
including local alarms which are audible outside of a
structure or are visible upon the exterior of a
structure. "Alarm system" does not include:
e-1. An alarm installed on a vehicle unless the
vehicle is permanently located on site.
e-2. An alarm designed to alert only the inhabitants
of a premises and that does not have a sounding
device or device for a visible alarm upon the
exterior of the site where the alarm system is
installed.
f. "Alarm user" means the person in control of any
building, structure or facility or portion thereof in
which an alarm system is in operation.
g. "Alarms officer" means any person designated by
the police chief to monitor alarm systems, to issue
citations for violations of this section, and to
maintain records related to alarm systems, false
alarm dispatches, alarm dispatch requests and related
matters.
h. "Central station" means an alarm business having
the receiving, recording and transmitting equipment
to which remote alarm devices and electrical
protection circuits are connected, and where
operators supervise an alarm panel and upon receipt
of emergency signals indicating fires, burglaries or
robberies, may relay a message to the fire or police
department and may notify an alarm agent for the
purpose of responding to the alarm signal.
i. "Exterior motion detector" means any equipment
arranged to detect the occurrence outside a structure
of motion that does not make contact with the
structure and that is not an entry or attempted
entry.
j. "False alarm" means an alarm notification
summoning the fire or police department to the
location of an alarm activation, when the responding
officer finds no evidence of fire or the crimes of
burglary, attempted burglary, robbery or attempted
robbery. "False alarm" does not include any of the
following:
j-1. An alarm activation signal caused by
extraordinary extremes of weather such as high winds,
thunder and lightning storms or other systemic
electric disturbances.
j-2. An alarm dispatch request that is canceled by an
alarm business or alarm user prior to the arrival of
an officer at the alarm location.
j-3. When an alarm user, prior to the arrival of an
officer at the alarm location, notifies an alarm
company to cancel an alarm dispatch request, the
alarm dispatch request is not a false alarm caused by
the alarm user, but may be a false alarm caused by
the alarm business.
k. "Holdup alarm" means a silent alarm signal
generated by manual activation of a device intended
to signal a robbery in progress.
L. "Keypad" means a device that allows manual
control of an alarm system with a single button or by
entering a coded sequence of numbers or letters.
m. "Local alarm system" means any equipment
arranged to signal the occurrence of a robbery or
burglary by signaling such occurrence with alarms
from the premises in the immediate area of the
structure.
n. "Panic or duress alarm" means a silent alarm
signal generated by a entry of a keypad code other
than the normal arm or disarm code for an alarm
system.
o. "Person" means an individual, firm, partnership,
association, corporation or any other business
entity.
p. "Prompt dispatch" of an alarm agent means that
arrival of the person at the location of the alarm is
expected within 30 minutes under ordinary
circumstances.
q. "Verification" means an effort by an alarm
monitoring service to avoid an unnecessary alarm
dispatch request by contacting an alarm location by
telephone or other electronic means to confirm the
validity of an alarm before the alarm monitoring
service transmits an alarm dispatch request for that
alarm location. "Verification" does not require the
alarm monitoring service to make actual contact with
an individual at the alarm location.
4. LICENSING OF ALARM BUSINESS. a. No alarm
business shall engage in business in this city
without first applying for and receiving an alarm
business license from the city clerk.
b. The application shall include the following
information:
b-1. The name of the alarm business.
b-2. The names of all owners and officers of the
alarm business.
b-3. The name of the individual who is the applicant,
who shall be an owner, officer or bona fide full-time
employe of the alarm business.
b-4. A list of the services offered by the alarm
business.
b-4-a. As of July 1, 1990, fingerprints from all new
applicants. For corporations, fingerprints of the
agent, manager and all officers and directors, as
well as stockholders owning 20% or more of the stock
of the corporation, shall be required. For
partnerships, fingerprints of each partner shall be
required.
b-4-b. As of January 1, 1997, whenever an alarm
business applies for renewal of its license,
fingerprints shall be submitted for those agents,
managers, officers, shareholders or partners listed
in subpar. a whose fingerprints have not been
previously submitted with a new or renewal
application.
b-5. A complete list of all criminal convictions of
the individuals listed in subd. 4.
b-6. A signed statement that the applicant will
inform the city within 10 days of any change in the
information required in this subsection.
b-7. If none of the agents or officers are residents
of Wisconsin, the name of a representative of the
alarm business who is a resident of Wisconsin.
c. The fee specified in s. 81-2 shall accompany the
submission of an application.
d. Before any license is issued, an investigation
of the character of the applicant or officers of the
alarm business making the application shall be made
by the police department, and a written report filed
with the city clerk and made a part of the
application.
e. Consistent with ss. 111.321, 111.322 and
111.335, Wis. Stats., the common council may refuse
to grant a license to any individual who has been
convicted of any felony, misdemeanor or other offense
the circumstances of which substantially relate to
the particular licensed activity.
f. Within 60 days of the receipt of an application,
the common council shall either grant or deny an
alarm business license. Failure of the common
council to act on an application within 60 days shall
be deemed a denial of the application. The common
council shall grant such a license if it finds:
f-1. The application conforms in all respects to the
provisions of this section.
f-2. The applicant has not knowingly made a material
misstatement in the application for a license.
f-3. The applicant has not had an alarm business
license denied or revoked for cause by this city
within 12 months prior to the date of application.
g. Whenever a license has been granted by the
common council and the applicant has procured and
filed with the city clerk a receipt showing payment
of the sum required for the license to the city
treasurer, the city clerk shall issue the license to
the applicant.
5. REVOCATION. a. The common council may revoke an
alarm business license on any of the following
grounds:
a-1. Fraud or wilful and knowing misrepresentation or
false statement made in any application for a license
or permit.
a-2. Failure to comply with any of the provisions of
subs. 7, 9, 10 and 11.
a-3. Failure of an alarm business to keep adequate
records as to the locations where alarm systems are
installed as well as the name, home or billing
address, and telephone numbers of the purchaser or
subscriber of alarm systems or service.
a-4. Relaying excess false alarms from customers'
premises to the fire or police department. The alarms
officer, pursuant to an excess false alarms policy
promulgated by the police department, shall determine
what false alarms constitute excess false alarms.
b. The alarms officer may request in writing that
the common council revoke an alarm business license.
The alarms officer shall specify in writing the
reasons for the recommendation of revocation and
shall furnish the appropriate standing committee with
a copy of the request and reasons.
c. An alarm business license may be revoked by the
common council following a hearing and recommendation
of the appropriate standing committee. The committee
shall send a notice to the holder of the alarm
business license at least 10 days prior to the
hearing and include the reasons for the possible
revocation.
6. REINSTATEMENT OF LICENSE. The city clerk shall
issue a new alarm business license to an alarm
business whose alarm business license has been
revoked if the alarm business does all of the
following:
a. Submits a new application and permit fee.
b. Pays, or otherwise resolves, all citations and
forfeitures relating to the alarm business.
c. Has not had an alarm business license denied or
revoked for cause within 12 months, as provided in
sub. 4-f-3.
7. ALARM BUSINESSES REQUIREMENTS. a. Alarm
businesses shall:
a-1. Have a written contract with each alarm user
whose alarm system they monitor which:
a-1-a. Identifies the services to be provided by the
alarm monitoring service.
a-1-b. Notifies the alarm user of the alarm user's
responsibility for false alarms.
a-1-c. Notifies the alarm user that, if either the
city's police or fire department is notified of 2
false alarms within a calendar year, the alarm user
will be required to pay the city a forfeiture of $50
for each false alarm received thereafter.
a-2. Include the provisions of par. a-1 in those
contracts between alarm users and alarm businesses
entered into after July 20, 1989. All contracts in
existence between alarm users and alarm businesses
prior to July 20, 1989, shall, at the time of
renewal, include the provisions of par. a-1. All
alarm businesses shall notify, in writing, all alarm
users with which they presently have contracts of
this renewal provision.
a-3. Be responsible for the proper installation of
alarm systems in accordance with manufacturer
specifications.
a-4. Be responsible for insuring that private alarm
systems under maintenance contracts are maintained in
good working order and that defects which could cause
false alarms are promptly repaired.
a-5. Be responsible for adjusting and maintaining an
alarm system that is audible on the exterior of the
alarm location so that it will sound for no longer
than 15 minutes after being activated.
a-6. Instruct appropriate personnel as to the
operation of private alarm systems, including the
setting, activation or resetting of the alarm
equipment.
b. Beginning January 1, 1997, alarm businesses
shall comply with all of the following:
b-1. An alarm business shall not program any alarm
system so that the system is capable of transmitting
a panic or duress alarm.
b-2. Whenever an alarm business takes over control of
an alarm system of another business or performs any
repair or other electronic or mechanical work on an
alarm system, the alarm business shall remove any
panic or duress alarm capability from the alarm
system.
b-3. An alarm business shall not install a single-
action, non-recessed button as a device to activate a
holdup alarm.
b-4. Provide each alarm user with a set of written
operating instructions for the alarm system,
including written guidelines on how to avoid false
alarms.
b-5. Provide each alarm user with training in the
proper use of the alarm system, including instruction
on how to avoid false alarms.
b-6. Notify each alarm user at least annually that,
if either the city's police or fire department is
notified of 2 false alarms within a calendar year,
the alarm user will be required to pay the city a
forfeiture of $50 for each false alarm received
thereafter.
8. DUTIES OF ALARM USER. An alarm user shall
comply with all of the following:
a. An alarm user shall maintain the premises and
the alarm system in a manner that will eliminate or
minimize false alarm dispatches.
b. Whenever the police or fire department so
requests, an alarm user shall make every reasonable
effort to respond to the alarm location within 30
minutes to deactivate a malfunctioning alarm system,
provide access to the premises, or provide security
for the premises. This response may be made either in
person by the alarm user or by another individual who
is authorized to represent the alarm user.
c. An alarm user shall not manually activate an
alarm for any reason other than an occurrence of an
event that the alarm system is intended to report.
This prohibition includes, but is not limited to,
activation of a holdup alarm for any reason other
than a holdup or suspected holdup.
d. No alarm user shall cause or permit the city's
police or fire department to be notified of a false
alarm. An alarm user whose household is located in a
building other than a single-family dwelling shall be
responsible for all false alarm dispatches
transmitted from that household.
e. An alarm user shall adjust and maintain an alarm
system that is audible on the exterior of the
premises where the alarm is located so that it will
sound for no longer than 15 minutes after being
activated.
f. If an alarm user in a residential building other
than a single-family dwelling has a monitored alarm
system, the alarm user shall provide to the alarm
monitoring service the name of a person authorized by
the building owner or manager to grant the alarm
monitoring service access to the household.
9. 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.
b. Any person owning, leasing or operating a
private alarm system programmed to a central station
with keys to the alarmed premises shall promptly
dispatch an alarm agent to the location of any alarm
transmitted to the fire or police department.
c. Those alarm businesses which do not maintain
keys to the premises shall operate in the following
manner:
c-1. Notification to the fire or police department
shall include notice that the alarm business does not
maintain keys to the premises and will not arrive at
the scene while the department is present.
c-2. File a report with the responding department
within 72 hours of the occurrence which shall
include:
c-2-a. Company name and address.
c-2-b. User name and address, and telephone numbers.
c-2-c. Time of occurrence reported to the alarm
company and time relayed to the department.
c-2-d. Cause of alarm, if known.
c-2-e. Action taken by alarm business.
c-3. Within 72 hours of the occurrence, the alarm
business shall notify the alarm user in writing of
the alarm activation and its cause.
d. The central station which performs monitoring
services shall maintain for at least one year after
any request for police dispatch to an alarm location
the records relating to that request. The retained
records shall include the name, address and telephone
number of the alarm user, each alarm system or point
activated, the time or request for police dispatch
and evidence that an attempt at verification was made
prior to the request for police dispatch. The alarms
officer may request copies of such records for
individually-named alarm users.
10. 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. 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:
a-1. The monitoring service's verification attempt
for every alarm signal, except a holdup alarm, before
requesting a police response to an alarm signal.
a-2. The alarm user name, address location of the
activated alarm, identification of the type of alarm
signal, and telephone number of the alarm user.
a-3. The name and address of the alarm business or
agent which has the responsibility for the alarm
system activation.
b. Any alarm monitoring service shall provide the
prompt notification of an alarm user representative
to the location of each alarm transmitted to the fire
or police department, upon request of the responding
department.
c. Those alarm businesses which do not maintain
keys to the premises shall operate in the following
manner:
c-1. Notification to the fire or police department
shall include notice that the alarm business does not
maintain keys to the premises and will not arrive at
the scene while the department is present.
c-2. File a report with the responding department
within 72 hours of the occurrence which shall
include:
c-2-a. Company name and address.
c-2-b. User name and address, and telephone numbers.
c-2-c. Time of occurrence reported to the alarm
business and time relayed to the department.
c-2-d. Cause of alarm, if known.
c-2-e. Action taken by alarm business.
d. For a system in a residential building other
than a single-family dwelling, the alarm monitoring
service shall request the alarm user to provide the
name of a person authorized by the building owner or
manager to grant the alarm monitoring service access
to the household.
11. PROHIBITED SYSTEMS. a. No person may use or
operate, attempt to use or operate, or cause to be
used or operated, or arrange, adjust, program or
otherwise provide or install any alarm system that
will upon activation either mechanically,
electronically or by any other automatic means
initiate a call and deliver a recorded message to any
telephone number of any city of Milwaukee agency.
b. No alarm system may be operated or programmed to
initiate, transmit, or deliver to any city agency, an
alarm notification described as "panic", "duress",
"disturbance", "police alert", medical emergency, or
other miscellaneous incidents distinguished from the
specific burglary, robbery or fire alarms.
c. No exterior motion detector may be operated or
programmed to do any of the following:
c-1. Initiate, transmit or deliver by automatic
means an alarm dispatch request or a recorded message
to the fire or police departments.
c-2. Generate an alarm that is audible on the
exterior of the structure.
12. PENALTIES. a. Whenever the fire or police
department has been notified of 2 false alarms from
the same alarm location within a calendar year, an
alarm user shall be subject to a forfeiture as
follows:
a-1. For the third, fourth or fifth false alarm in a
calendar year, a forfeiture of $50 per occurrence.
a-2. For the sixth or seventh false alarm in a
calendar year, a forfeiture of $100 per occurrence.
a-3. For the eighth and all subsequent false alarms
in a calendar year, a forfeiture of $150 per
occurrence.
b. Except as provided in par. a, any person
violating any provision of this section shall upon
conviction forfeit not more than $1,000, together
with the costs of prosecution.
Part 2. This ordinance takes effect January 1, 1997.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB96106.6
CAW
8/16/96