ORD1985525ORDINANCE 11525
AN ORDINANCE TO REPEAL SECTION 12.18 FALSE ALARMS
AND RECREATE SECTION 12.18 FALSE ALARMS
IN THE CITY OF MUSKEGO
ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
SECTION 1: Chapter 12, Section 12.18 of the Municipal
Code of the City of Muskego, Wisconsin, is hereby amended and
made a part of the Municipal Code as adopted by Ordinance 525.
SECTION 2: A copy of said ordinance has been on file in
the office of the City Clerk and open to public inspection for
not less than two weeks prior to the date of this ordinance and
of the City.
said ordinance is hereby incorporated into the Municipal Code
SECTION 3: All ordinances or parts of ordinances
inconsistent with or contravening this ordinance are hereby repealed. 0
SECTION 4: This ordinance shall be in effect upon passage
and publication.
PASSED AND APPROVED THIS q&, DAY 0
ATTEST : /I
Published on the 1985.
ORDINANCE NO. 525
AN ORDINANCE-TO REPEAL
SECTION 12.18 FALSE ALARMS
AND RECREATE
SECTION 12 -18 FALSE ALARMS
IN THE CITY OF MUSKEG0
The Common Council of the City of Muskego, Waukesha County,
State of Wisconsin Do ORDAIN AS FOLLOWS:
SECTION 1. Section 12.18 of the Municipal Code of the
City of Muskego entitled FALSE ALARMS for the City of Muskego is
hereby repealed.
- SECTION 2. An Ordinance entitled FALSE ALARMS, Section
12.18 is hereby created for the Municipal Code of the City of
Muskego to read as follows:
J
* 12.18 ( 1) INTENT
Although the City of Muskego recognizes that alarm systems
establish standards and regulations for all alarm systems as
serve a public service, it is the intent of this section to
defined in this section in the City of Muskego in order to
prevent responses by the Police or Fire Department when an
emergency situation does not exist due to carelessness,
improper maintenance or any other cause which results in false
alarms from privately owned, commercially owned, leased or
contracted alarm systems in that a large number of such false
alarms have been received by the Police and Fire Department.
Such false alarms initiate police and fire personnel and
vehicle response which result in unnecessary expense to the
City, increases the risk of damage to property or injury to
persons and dilutes the police and fire protection available
to other areas of the City. Such false alarms, therefore,
penalized.
constitute a public nuisance which must be abated and/or
(2) DEFINITIONS
(a) Private alarm system is defined as any device,
designed and installed solely for the purpose of
detecting and signaling the Police or Fire Department,
directly or via a central alarm station, to make an
emergency response to the signal's location.
(1) Direct private alarm system is any private alarm
or Fire Department.
system which is in any way linked to the Police
(2) Indirect private alarm system is any private
alarm system which is in any way linked to a
central alarm station.
(b) False alarm is a signal, regardless of how received,
resulting in a response by Police or Fire Department
Personnel when an emergency situation does not exist.
An emergency situation exists when an emergency
response is substantiated to the satisfaction of the
Police or Fire Department.
(c) Local alarm system is any system which emits either an
audible or visual signal, or both, on the exterior of
any property, and is not connected to any other
location by any means. This does not include any
device designed solely for the purpose of alerting a
building's occupants of fire, smoke or illegal entry,
or any alarm devices on automobiles.
(d) Person shall mean any individual, partnership,
corporation or other entity whether singular or
plural.
(e) Central alarm station shall mean any facility other
than the Muskego Police or Fire Station which receives
signals from alarm systems and alerts the Police
or Fire Department of the need to make an emergency
response to the signal.
(f) Alarm location is defined as any premises or property
delineated on the application. No single alarm
location may be granted more than one alarm permit.
The Common Council reserves the right to designate
a specific premises or property as one alarm location.
(g) Applicant shall be person filing for permit.
(3) ALARM PERMIT REQUIRED
(a) The owner, occupant or person in control of premises
protected by any type or number of alarm systems as
defined herein is required to obtain an alarm permit.
No owner, occupant or person in control of property
shall cause to be placed in operation any alarm
systems for which a permit has not been issued or for
which a permit has been cancelled.
(b) All alarm systems defined herein must be applied for
one time for the life of the specif'ic system or
systems and applicant as applied for in the applica-
tion. The fee for this permit shall be $50 .OO.
(4) APPLICATION - FOR PERMIT
(a) All applications for a permit shall be made to the
City Clerk's Office on a form prescribed by the Chief
of Police.
(b) The applications shall contain the following
information:
(1) Name, address and status of applicant.
(2) Types and number of alarm systems on alarm
location.
(3) Name and address of alarm location.
(4) All names, addresses and telephone numbers of
persons able to respond to the alarm location
within 1/2 hour after activation.
(5) Identification of the firm or person installing
the alarm system.
(6) Name of the central alarm station if applicable.
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(7) Agent for applicant if same is corporation or
or partnership.
(8) Any other information deemed necessary by the
Chief of Police or Fire Chief.
(c) No information contained in an application for an
alarm permit shall be deemed to be public information.
Unauthorized release of permit information is deemed
to be a compromise of public safety.
(5) TIME TO ACQUIRE
All persons having an alarm system currently on premises
shall obtain a permit within sixty (60) days of the
effective date of this section. For all false alarm
systems in operation on the effective date of this
Ordinance, no permit fee shall be charged if a permit is
obtained within sixty (60) days of the effective date of
this Ordinance.
(6) DUTIES OF ALARM SYSTEM PERMITTEE
Any person, company, organization or other entity granted
of having a service representative or other authorized key
an alarm permit covered by this section shall be capable
holder respond to the alarm location within thirty (30)
minutes after activation.
(7) ALARM PERMIT ISSUANCE CONDITIONS
(a) The Common Council may issue an alarm permit to any
owner, occupant or person in control of premises
protected by an alarm system as defined herein that
meets the following conditions:
(1) The applicant has properly prepared and filed an
application for the same.
(2) The applicant has paid all applicable permit
fees.
(3) The alarm system has the approval of the
Underwriters Laboratories or other nationally
recognized testing service.
(4) The alarm system has or will be installed in
accordance with any applicable requirements of the
City of Muskego Electrical Code, including
necessary permits.
(5) The local alarm system has or will have a device
- 3-
which will shut off any audible signal
automatically within fifteen (15) minutes after
activation.
(6) The applicant agrees to pay any additional fees
for false alarms as set forth under 12.18(10).
(7) The applicant holds the City of Muskego harmless
for any and all damages or losses resulting from
the existence of the applicant's alarm system.
(8) The applicant agrees to follow alarm testing
procedures set forth by the Chief of Police and
Fire Chief, and will assume any expenses for
testing the alarm system.
(9) The applicant accepts that a violation of any
provision or condition of this chapter is cause
for revocation of the permit by the City of
Muskego.
(b) Additionally, any applicant for a direct private alarm
system permit agrees to the following conditions:
(1) Equipment must meet at least minimum standards as
set forth in the Federal Bank Protection Act of
1968.
(2) Applicant agrees to install at his or her
expense at the Police or Fire Department
switchboard termination point, equipment which is
designated by the Chief of Police or Fire Chief.
(3) Applicant agrees to assume all costs of
installation, maintenance and monthly rental of
telephone lines used by the applicant for such
alarm.
(4) The applicant assumes responsibility and expense for the removal of the alarm system when the
service is disconnected or the permit is revoked.
(8) INTERFERENCE WITH POLICE OR FIRE DEPARTMENT TELEPHONE
TRUNK LINES PROHIBITED
No person, firm or corporation shall use or cause to be
which automatically selects a public primary telephone
used, any telephone or electronic device or attachment
trunk line of the Police or Fire Department, and then
reproduces any pre-recorded message to report any
intrusion, robbery or other emergency. Nor will the
installation or a private telephone and trunk line for
this purpose be allowed.
-4-
(9) APPEAL PROVISIONS
Any person aggrieved by any administrative determination
of the Common Council under this ordinance may have such
determination reviewed as provided by Chapter 21, City of
Muskego Municipal Code or by Writ of Certiorari, to the
Circuit Court within 30 days of final determination, or as
further outlined in the Municipal Code of the City of
Muskego.
(10 ) PENALTIES
(a) False Alarms. The owner, occupant or person in
control of alarm location protected by any alarm
conviction is subject to the following penalties
system or alarm systems as defined herein upon
regardless of cause each time a signal, regardless of
how received, results in a response by the Police
or Fire Department when an emergency situation does
not exist.
(1 - 3 false alarms) - No fine or costs imposed.
(4 - 6 false alarms) - $20.00 plus court costs.
(7 - 9 false alarms) - $50.00 plus court costs.
(10 - 12 false alarms 1 - $100.00 plus court costs.
(13 or more false alarms ) - $200.00 plus court costs.
The above schedule is per calendar year. In default
of payment, said fees shall be included as a special
charge against the property tax on the subject
property. Additionally, said conviction shall be a
basis for revocation or denial of any alarm permit.
(b) Any other violation of this section. Any owner,
occupant or person in control of alarm location
protected by an alarm system in violation of this
section other than those offenses defined in section
of not less than $25 .OO nor more than $100.00 and the
(a) shall upon conviction be subject to a forfeiture
costs of prosecution, and in default of payment of
such forfeiture and costs, shall be imprisoned in the
county jail until such forfeiture and costs are paid,
such imprisonment not to exceed thirty (30) days.
Additionally, said conviction shall be a basis for
revocation or denial of any alarm permit. Every day
upon which any such violation exists constitutes a
separate offense .
-5-
SECTION 3. the several sections of this ordinance are
declared to be severable. If any section or portion thereof
shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable such
decision shall apply only to the specific section or portion
thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portions thereof
of the ordinance which shall remain in full force and effect.
Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those
terms that conflict.
SECTION 4. This Ordinance shall take effect immediately
upon passage and posting or publication as provided by law.
Passed and adopted this 1 day of 1985.
CITY OF MUSKEG0
WaynV G. Salentine, Mayor
ATTEST :
- Charlotte L. Stewart, Clerk
Published and posted on the \y day of ,) u‘v , 1985.
o~~~ oar). 4sa5 I
CITY OF BlWZEGO
ORDINANCE Nb. 525 AN ORDINANCE TO REPEAL SECTION
12.18 FAISE ALARMS AND RECREATE SECTION 12.18 FAISE ALARMS IN THE
CITY OF MUSKEG0
OF MUSKEGO, WISCONSIN. DO ORDAIN
THE COMMON COUNCIL OF THE CITY
As DOLLOWS: SECTION 1: Chapter 12. Sectmu 12;18 of the Municipal Code of the City of Muskego.
W-nsin, is hereby amended and made a parr of the Municipal Code (UI adopted by
ordinaace 525.
baEaonflIeintheoffieeoftheCityCkrLd
SECTION 2: A copy of said oh bps
opn to public in~pection for not 1- than
two weeh prior to the date of tbis odumna?
and said ordinrow ia hby inanvmatld
into the Muniapal Code of the Cib.
pXlON3:AUordinanoesorpar(sd
ingthisOrdinance
ordinancpa inmnsistent with or eollk¶veU-
effect upon pas~gs and publication.
DAY OF July. 1%.
- ..
BIP hereby repealed
SECTION 4: This ordinaria aull be in
PASSED AM) AF'PROFD THIB B&
IdWayne G. Sddm