A. Activation Time Limited: In any vehicle equipped with a continuous or intermittent audible signal device which acts as a burglar alarm, such device shall be limited in operation to ten (10) minutes after activation and shall be incapable of further operation until reset to become active again.
B. Automatic Shutoff Required: No person shall install in or maintain or operate any vehicle within the village with audible signal device for use as a burglar alarm unless the device is equipped with an automatic shutoff mechanism to terminate the alarm sound after ten (10) minutes and an automatic reset mechanism to reengage the alarm for further operation.
C. Written Warning; Fine; Exception: Any person who violates this section shall first receive a written warning notice from the village. If any such person should violate this section on a subsequent occasion within any three (3) month period, that person shall be subject to a fine of twenty five dollars ($25.00) for each such offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. It shall not be a violation of this section for a vehicle alarm to operate for a period of time in excess of ten (10) minutes if the device is designed to and has been triggered by the unauthorized opening of the hood, trunk or door of the vehicle or by breaking of a window.
D. Nuisance Declared; Abatement: Any vehicle burglar alarm which is audible for more than ten (10) minutes is hereby declared a public nuisance which may be abated by the removal of such vehicle to an impound lot in accordance with the following procedure:
1. Prior to removing the vehicle from its location, the officer(s) investigating the activated alarm shall attempt to contact the owner of the vehicle by securing the name and address of the registered owner of the vehicle from the Office of the Secretary of State and using said information to telephone or directly contact the vehicle owner.
2. If the investigating officer(s) is (are) not able to contact the vehicle owner to have the alarm deactivated at the site, the officer shall have the vehicle removed to an impound lot.
3. If telephonic or personal contact is not made with the vehicle owner within twenty four (24) hours after it is towed, a certified letter, return receipt requested, shall be mailed to the vehicle owner. Upon contact with the vehicle owner after the vehicle has been removed to the impound lot, the vehicle owner shall be informed as to where the vehicle can be retrieved and that he/she is entitled to a post-tow hearing by the Chief of Police or his designee either before or after retrieval of the vehicle. At the hearing, should the vehicle owner prove to the Chief of Police or his designee that the vehicle was not in violation of this section when removed, the Village shall reimburse the vehicle owner for the vehicle retrieval costs or, as the case may be, pay the vehicle retrieval costs.
4. A vehicle owner may appeal to the Village Administrator a finding by the Chief of Police or his designee that the vehicle was in violation of this section when removed. The Village Administrator may overturn the decision of the Chief of Police or his designee, in which case, the Village shall reimburse or pay the vehicle retrieval costs. (Ord. 94-07, 2-14-1994)