CHAPTER 4: POLICE
      Article
         1.   POLICE DEPARTMENT
         2.   POLICE ALARM SYSTEMS
ARTICLE 1:  POLICE DEPARTMENT
Section
   4-1-1   Department established
   4-1-2   Appointments
   4-1-3   Employees of the village
   4-1-4   Authority of Police Chief; rules and regulations
   4-1-5   Qualifications and residency requirements
   4-1-6   Duties of Police Chief
   4-1-7   Duties of members
   4-1-8   Witness fees
   4-1-9   Serving processes
   4-1-10   Disposition of abandoned and/or unclaimed property
   4-1-11   Administrative fees
Cross-reference:
   Board of Fire and Police Commissioners, see Ch. 3, Art. 2
   Board of Trustees, Police Pension Fund, see Ch. 3, Art. 3
§ 4-1-1  DEPARTMENT ESTABLISHED.
   There is hereby established a Police Department of the village for the protection of lives and property within the limits of the village, the enforcement of federal and state statutes, village ordinances and related police functions.
§ 4-1-2  APPOINTMENTS.
   (A)   The Police Chief shall be appointed by the Village Manager with the advice of the Village President and Board of Trustees. The Police Chief shall serve an indefinite term or until a successor is appointed and qualified, but may be removed by the Village Manager.
   (B)   (1)   Two Deputy Police Chiefs and three Commanders shall be appointed by the Village Manager after the Manager considers the recommendations of the Police Chief. The recruitment of candidates for the position of Deputy Police Chief shall first be offered to Carol Stream police officers above the rank of patrol officer, who may apply for the position by a posted application deadline. The recruitment of candidates for the position of Commander shall first be offered to Carol Stream police officers below the rank of Deputy Police Chief, who may apply for the position by a posted application deadline. The Village Manager may exercise absolute discretion in choosing the persons to serve in these positions. Should no applicants be chosen for the Deputy Chiefs’ or Commanders’ positions, the recruitment of candidates will proceed by recruiting qualified candidates from outside the village’s Police Department. Once selected, Deputy Chiefs and Commanders shall serve indefinite terms and may be removed at the absolute discretion of the Village Manager. If a Deputy Chief or Commander is appointed from within the village’s Police Department, that police officer, upon removal, shall revert to the prior rank held. The reversion shall occur even if there is not then available an authorized position of Sergeant or Lieutenant.
      (2)   The sworn personnel of the Carol Stream Police Department shall be composed of one Police Chief; two Deputy Police Chiefs; three Commanders; six Sergeants, (except for additional Sergeants and Lieutenants who may be reduced in rank from a higher position), and such patrol officers as shall from time to time be authorized by the Village Board.
   (C)   All original appointments to the Police Department and promotions within the Department, other than the Police Chief, Deputy Police Chiefs, Commanders and non-sworn personnel, shall be made and effected by the Board of Fire and Police Commissioners, in accordance with law.
(Ord. 95-06-27, passed 5-15-1995; Ord. 2008-12-71, passed 12-15-2008; Ord. 2010-03-13, passed 3-15-2010)
§ 4-1-3  EMPLOYEES OF THE VILLAGE.
   The members of the Police Department shall be considered employees of the village for salary, workers’ compensation and employment benefit purposes.
§ 4-1-4  AUTHORITY OF POLICE CHIEF; RULES AND REGULATIONS.
   The Police Chief shall make such rules and regulations for the conduct and guidance of the Police Department personnel as the Police Chief shall deem advisable, and such rules and regulations, when approved by the Village President and the Board of Trustees, shall be binding on such members. Police Department personnel are also covered by the personnel rules and regulations of the village.
§ 4-1-5  QUALIFICATIONS AND RESIDENCY REQUIREMENTS.
   (A)   Sworn police officers of the Police Department shall possess qualifications as are required by statute and shall, in addition, be citizens of the United States. Sworn police officers shall reside within 20 miles of the intersection of North Avenue and Gary Avenue before the end of their probationary period. The Village Manager, upon recommendation of the Chief of Police, may grant a temporary fixed-term exemption of the residency requirement upon a sworn police officer’s petition claiming exigent circumstances preventing residency compliance.
   (B)   Any sworn police officer who, within the time specified above, does not move into the geographical area established as a mandatory residence zone in this section, or who does not serve, except in the case of involuntary discharge instituted by the village, at least one year after the termination of probation as a sworn police officer shall, at the time of termination or within 60 days thereafter, repay to the village actual costs incurred by the village in education, training and providing uniforms for the officer.
   (C)   Provided, however, that, in the event that such police officer resigns and the resignation is accepted, and that officer does not begin employment with a governmental Police Department within one year of the termination of employment with the village, such repayment shall not be required from police officers who have been hired by the village prior to 1-1-2000.
   (D)   Any sworn police officer, who without exemption, fails to meet or comply with the residency requirements established in this article shall be subject to discipline, including suspension or discharge.
(Ord. 99-12-70, passed 12-6-1999; Ord. 2004-08-46, passed 8-16-2004; Ord. 2007-03-10, passed 3-19-2007; Ord. 2007-04-16, passed 3-19-2007)
§ 4-1-6  DUTIES OF POLICE CHIEF.
   The Police Chief shall be responsible for the performance of the Police Department, of all its functions, and all persons who are members of the Department shall serve subject to the orders of the Police Chief. The Police Chief shall perform those duties prescribed by the rules and regulations governing the Police Department, as approved by the Village President and the Board of Trustees, and shall in addition perform the following duties:
   (A)   He or she shall be the keeper of the Village Jail, and shall have custody of all persons incarcerated therein;
   (B)   Keep such books and records and make such reports concerning the activities of the Police Department as may be required by statute or by the President and Board of Trustees;
   (C)   Provide for the custody, care and control of the public property of the Department, including all vehicles, firearms and other equipment of the Department, and have custody and control of all lost, abandoned or stolen property within the village;
   (D)   Preserve the peace, order and safety of the village;
   (E)   Execute and enforce the state and federal laws, all village ordinances, police regulations and orders of the corporate authorities;
   (F)   Protect the rights of persons and property within the village;
   (G)   Study police problems in matters of public welfare and administration as related to crime and law enforcement and make recommendations thereon to the corporate authorities; and
   (H)   Investigate, study and recommend to the corporate authorities, upon such request, traffic regulations, routines and changes therein for improvements of traffic and safety conditions within the village.
§ 4-1-7  DUTIES OF MEMBERS.
   It shall be the duty of all sworn officers of the Police Department to see to the enforcement of all ordinances of the village and all statutes applicable therein, and to preserve order and prevent infractions of the law and arrest violators thereof. Each member shall obey the orders and directions of his or her superior and shall perform the duties as prescribed by the rules and regulations governing the Police Department.
§ 4-1-8  WITNESS FEES.
   Every member of the Police Department shall appear as witness whenever this is necessary in a prosecution for a violation of an ordinance or of any state or federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the village is a party; any fees paid for such services shall be turned over to the Police Chief, who shall deposit the same with the Village Treasurer.
§ 4-1-9  SERVING PROCESSES.
   The Police Chief shall be authorized to serve writs, summons and other processes, but no officer or patrol officer shall serve such summons or processes except on the order of the Police Chief.
§ 4-1-10  DISPOSITION OF ABANDONED AND/OR UNCLAIMED PROPERTY.
   (A)   All abandoned or unclaimed property, including bicycles, which have come into the possession of the Police Department and the identity or location of the owner or other person entitled to possession of the property has not been ascertained within six months after the Police Department obtains such possession, shall be sold by the Police Department for cash to the highest bidder at public auction. Any abandoned or unclaimed property, the disposal of which is otherwise provided by statute, shall be sold in accordance with such statute.
   (B)   Property offered but not sold at such public auction may be offered and sold at a subsequent public auction without such notice.
   (C)   The proceeds of the sale of any abandoned or unclaimed property, less reimbursement to the Police Department of the reasonable expenses incurred, shall be paid into the village treasury.
   (D)   The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or right to possession and reimbursing the Police Department for all reasonable expenses incurred with the custody thereof.
§ 4-1-11  ADMINISTRATIVE FEES.
   (A)   The village hereby determines to establish administrative fees for certain services provided by the Police Department.
   (B)   The schedule of fees and services shall be as follows:
 
Administrative fee for Stop Teen Alcohol Abuse Together Program
$50
Fingerprinting
Carol Stream residents and citizens employed within Carol Stream shall be $15 for a maximum of 2 cards, $7.50 for each additional card. All other applicants shall be charged $20 for a maximum of 2 cards, $7.50 for each additional card
Reconstruction traffic accident reports
$20
Subpoena processing
$25
Traffic accident reports
$5
Vehicle release for arrestees
$25
 
(Ord. 2009-05-18, passed 5-4-2009)
ARTICLE 2:  POLICE ALARM SYSTEMS
Section
   4-2-1   Purpose and definitions
   4-2-2   Administrative rules
   4-2-3   Alarm systems and businesses; regulations and standards
   4-2-4   Alarm systems; standards and inspection
   4-2-5   Inspection of alarm devices and businesses
   4-2-6   Testing of equipment
   4-2-7   Notice of disruption in service
   4-2-8   False alarms; disconnection from system
   4-2-9   False alarms; response charges
   4-2-10   Alarm activations
   4-2-11   Violations
§ 4-2-1  PURPOSE AND DEFINITIONS.
   (A)   The purpose of this article is to provide minimum standards and regulations applicable to burglar alarm systems, holdup alarm systems, alarm businesses and alarm users as defined in this article.
   (B)   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALARM BUSINESS. Any business operated by a person for a profit which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing or responding to a burglar or holdup alarm system, or which causes any of these activities to take place.
      ALARM SYSTEM. An assembly of equipment and devices (or a single device such as a solid state unit which plugs directly into a 110-volt AC line) arranged to signal the presence of a hazard requiring urgent attention and to which the Police Department may be expected to respond. The term ALARM SYSTEM shall include the terms AUTOMATIC HOLDUP ALARM SYSTEM, as that term is hereinafter defined, excluding smoke detectors and automobile alarms.
      ALARM USER. Any person on whose premises an alarm system is maintained within the village, except for proprietary systems. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of “alarm system”, and shall be subject to this article.
      ANNUNCIATOR. The instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, shows when an alarm device at a particular location has been activated, and it shall also indicate line trouble.
      ANSI. Stands for the American National Standards Institution.
      AUTOMATIC DIALING DEVICE. Refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a pre-recorded voice message indicating the existence of the emergency situation that the alarm system is designed to detect.
      AUTOMATIC HOLDUP ALARM SYSTEM. An alarm system in which the signal transmission is initiated by the action of the robber.
      BURGLAR ALARM SYSTEM. Refers to an alarm system signaling an entry or attempted entry into the area.
      DIRECT CONNECT. An alarm system which has the capability of transmitting system signals to and receiving them at an agency maintained by the local government, for example, a police communications center.
      DIRECT LINE. A telephone line leading directly from a central station to the communications center of the Police Department that is for use only to report emergency signals on a person to person basis.
      FALSE ALARM. The activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. Such terminology does not include, for example, alarms caused by tornadoes, storms, lightning, telephone line failure or other violent conditions.
      HOLDUP ALARM SYSTEM. Refers to an alarm system signaling a robbery or attempted robbery.
      INTERCONNECT. To connect an alarm system to a communication link, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
      LOCAL ALARM SYSTEM. Refers to a signaling system which, when activated, causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed.
      MANUAL HOLDUP ALARM SYSTEM. Refers to an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack.
      PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
      POLICE or POLICE DEPARTMENT. The publicly supported Police Department of the village, or any authorized agent thereof.
      POLICE CHIEF. The Chief of the Police Department of the village, or his or her designated representative.
      PRIMARY TRUNKLINE. A telephone line leading directly into the communications center of the Police Department.
      PROPRIETARY SYSTEM. An alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises. If a PROPRIETARY SYSTEM includes a signal line connected directly or by means of an automatic dialing device to a central station, modified central station or answering service, it thereby becomes an “alarm system”, as defined in this article.
      REMOTE SIGNALING SYSTEM. An alarm signaling system which, when activated by an alarm device, transmits a signal from an alarm signaling device to the Police Department, where appropriate action is taken to investigate and respond to the signal.
      SIGNAL LINE. Refers to the transmission line through which the signal passes from one of the elements of the signal transmission to another.
      SPECIAL TRUNKLINE. A telephone line leading into a communications center of an intermediary service and having the primary purpose of handling emergency signals or messages.
      SUBSCRIBER. A person who buys and/or leases or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device.
      TELEPHONE COMPANY. The utility that furnishes telephone services to the village.
      UL. Stands for Underwriter’s Laboratories.
      VILLAGE or MUNICIPALITY. The Village of Carol Stream, Illinois.
§ 4-2-2  ADMINISTRATIVE RULES.
   The Police Chief shall promulgate such rules as may be necessary for the implementation of this article, and for determination of grounds for clerical suspension or revocation of any license or permit required by this article. The rules shall be approved by the Village Manager and shall be open to inspection.
§ 4-2-3  ALARM SYSTEMS AND BUSINESSES; REGULATIONS AND STANDARDS.
   (A)   No automatic dialing device shall be interconnected to a police communications center.
   (B)   All automatic dialing devices interconnected to a police communications center shall be disconnected therefrom.
   (C)   Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to:
      (1)   A central station;
      (2)   A modified central station; or
      (3)   A licensed answering service.
   (D)   The relaying of messages by intermediate services to central stations may relay messages over a direct line.
   (E)   Automatic dialing devices may also be interconnected to one or more telephone numbers available to the owner or lessee of the devices, or his, her or their designated representatives, at another location.
   (F)   This article shall apply only to those automatic dialing devices interconnected to intermediary service centers.
   (G)   Every alarm business which has inter-connected any automatic dialing device in the village to a telephone line serviced directly by an inter-mediary service shall maintain and submit a current list of such installations for inspection by the Police Chief during the course of his or her official duties and include in such list:
      (1)   The name of the principal operator of the entity where the device is installed;
      (2)   The address of the location where the device is installed and the telephone number of that location; and
      (3)   The name and telephone number of at least one other person who can be reached at any time, day or night, and who is authorized to respond to an emergency signal transmitted by the automatic dialing device, and who can open the premises wherein the device is installed.
   (H)   The information contained in the lists required by this article shall be restricted to inspection only by the Police Chief in the course of his or her official duties.
§ 4-2-4  ALARM SYSTEMS; STANDARDS AND INSPECTION.
   (A)   All alarm systems installed in commercial or public buildings shall utilize equipment and methods of installation substantially equivalent to or exceeding the current UL and/or ANSI standards of the alarm industry.
   (B)   All alarm systems installed in residences shall utilize equipment which shall be substantially equivalent to or exceed the current UL and/or ANSI standards of the alarm industry.
   (C)   The equipment or hardware used and/or the manner of installation of the alarm system may correspond to any of the several levels of protection or grades of service listed in the applicable standards; provided, however, that, alarm system users shall not be required to provide protection for all of the areas or openings which may be required to be protected by the applicable standards.
   (D)   The standards referred to in this article are hereby adopted as part of this code subject to the modifications and qualifications set forth herein.
   (E)   In those instances where UL and/or ANSI have not established standards for categories of equipment or where new equipment is undergoing field testing, the Police Chief may require that the alarm system be inspected at the expense of the alarm user by a qualified representative of the industry who shall certify whether the alarm system appears to be safe and reliable.
   (F)   Alarm systems which input an automatic dialing device are subject to the provisions of this article.
§ 4-2-5  INSPECTION OF ALARM DEVICES AND BUSINESSES.
   (A)   For the purpose of enforcing the provisions of this article, the Police Chief, or his or her designee, may seek to inspect, at reasonable times and upon reasonable oral notice, any premises in the village in or upon which alarm systems subject to this article are located, and to inspect the installation and/or operation of such alarm systems on official business.
   (B)   If such inspection reveals any violations of the provisions of this article, a written report detailing such violations shall be promptly sent to the owner, lessee, or other person responsible for the alarm system or business in violation of this article. Such report shall require the correction within ten days after receipt of the notice of the violation discovered, and shall state that a failure to comply may result in the suspension of response by the village until the system is repaired.
§ 4-2-6  TESTING OF EQUIPMENT.
   No alarm system designed to transmit emergency messages directly to the Police Department shall be tested or demonstrated without first obtaining permission from the Police Chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency signals directly to the Police Department unless the signals are to be relayed to the Police Department.
§ 4-2-7  NOTICE OF DISRUPTION IN SERVICE.
   When an alarm business service to its subscribers is disrupted for any reason by the alarm business, or the alarm business becomes aware of such disruption, it shall promptly notify its subscriber by telephone that protection is no longer being provided.
§ 4-2-8  FALSE ALARMS; DISCONNECTION FROM SYSTEM.
   (A)   More than five false alarms in a calendar year from any alarm system may constitute grounds for a disconnect of the alarm system.
   (B)   The Police Chief may cause an alarm user to be disconnected from the authorized alarm panel located in the police communications center after giving written notice to the subscriber. The subscriber will be given the opportunity to be heard on appeal to the Village Manager within seven days, upon a determination that the subscriber’s alarm system has been installed, maintained or operated in violation of any of the provisions of this article, or for failure to pay any applicable fees or charges.
(Ord. 94-02-18, passed 2-22-1994)
§ 4-2-9  FALSE ALARMS; RESPONSE CHARGES.
   (A)   When the village’s Police Department responds to false alarms received from the same premises more than three times in a 12-month period of a calendar year (January through December), which are not due to factors beyond the control of the alarm user, the alarm user or subscriber shall pay the village the following amount within 30 days after receiving notification of the fourth false alarm:
 
4 to 9 responses occurring in a calendar year
$50 each
10 to 19 responses occurring in a calendar year
$100 each
20 or more responses in a calendar year
$250 each
 
   (B)   If payment is not received within the 30-day period, as provided above, the charge for such response shall be increased to double the amount of the initial response charge.
(Ord. 94-02-18, passed 2-22-1994; Ord. 2003-11-76, passed 11-17-2003)
§ 4-2-10  ALARM ACTIVATIONS.
   (A)   Nothing in this article is to be construed that the Police Department will assume any responsibility for providing any watch or guard service over the property or premises which is equipped with an alarm system.
   (B)   When any alarm has been activated for any reason, it is the responsibility of the alarm user to provide someone with access to the alarm system to appear on the scene of the activation to turn off or reset the alarm, within one hour after being notified by the Police Department to do so.
   (C)   Exterior alarms such as lights, bells, sirens, whistles, buzzers and the like must be equipped to automatically shut off after one-half hour.
§ 4-2-11  VIOLATIONS.
   A violation of this article shall occur when any person shall fail to:
   (A)   Have current information on persons available to respond to alarm activations as required in this article;
   (B)   Obey the provisions as required in this article;
   (C)   Appear and turn off or rest any alarm as required in this article;
   (D)   Obey any legal order of the Police Chief; and/or
   (E)   Install or fail to disconnect an automatic dialing device connected to a trunkline answered by the Police Department communications center.