[Ord. No. 6063 §1, 3-24-2009]
A.Â
The
provisions of this Article are intended to address only alarms and
alarm systems used to signal the occurrence of a crime. The provisions
which follow are intended to enhance public safety by reducing or
eliminating false alarms and the assignment of Police personnel in
response thereto.
B.Â
Alarms
and alarm systems associated with fire and emergency medical situations
are addressed in other provisions of this Code of Ordinances and remain
in full force and effect.
[Ord. No. 6063 §1, 3-24-2009]
As used in this Article, the following words and terms shall
mean as follows:
Any person employed by an alarm business whose duties include
altering, installing, maintaining, moving, repairing, replacing, selling,
servicing, responding to or causing others to respond to an alarm
device.
Any business operated by a person or entity who engages in
the activity of altering, installing, leasing, maintaining, moving,
repairing, replacing, selling, servicing or responding to an emergency
alarm system or which causes any of these activities to take place.
Any mechanical or electrical device which is designed to
be activated manually or automatically upon the detection of an unauthorized
entry, intrusion or other criminal emergency in or on any building,
structure, facility or premises through the emission of a sound or
transmission of a signal or message.
Any person who uses an alarm system to protect any building,
structure, facility or premises.
A local alarm located on the building, structure, facility
or premises protected and equipped with an exterior sound-producing
device, such as a gong, buzzer, siren, bell or horn.
That part of an alarm system which automatically dials a
specific telephone number and transmits a prerecorded emergency message.
Any activation of an alarm system intentionally, by inadvertence,
negligence, unintentional act or malfunction of the alarm system to
which the City of Clayton Police Department is asked to respond when
there is no unauthorized entry, intrusion or criminal emergency, provided
that the following shall not be considered false alarms:
Alarms caused by the malfunction of equipment located in the
Clayton Police Department or the East Central Dispatch Center.
Alarms caused by an attempted illegal or unauthorized entry
of which there is visible or demonstrated evidence.
Alarms caused by damage, testing or repair of the means of transmission,
provided that such incidents are promptly reported to the company
providing said means of transmission.
Alarms caused by acts over which the user has no control, such
as windstorm, thunder, lightning or other similar phenomena.
Alarms intentionally caused by a person acting under a reasonable
belief that a need exists to summon Police assistance.
Alarms occurring on a repeated basis without apparent cause
but where reasonable effort in the judgment of the Police Chief or
his designated representative is being made by the alarm user, alarm
business, alarm agent or other concerned person to correct the malfunction
expeditiously.
Alarms followed by an immediate call to the Police Department
canceling same by giving the proper code number prior to arrival of
Police personnel.
[Ord. No. 6063 §1, 3-24-2009]
Automatic dialing devices shall only be programmed to dial a
telephone number at the Police Department which is authorized by the
Chief of Police and shall not be programmed to dial the Police Department
emergency number.
[Ord. No. 6063 §1, 3-24-2009]
All alarm systems with an audible alarm shall be equipped with
a cutoff timer of not more than fifteen (15) minutes.
[Ord. No. 6063 §1, 3-24-2009]
Any alarm business or alarm agent that sells, leases or installs
an alarm system in the City of Clayton shall furnish the alarm user
with written instructions for the operation of the system. The alarm
business or alarm agent shall provide training in the operation of
the system and, upon request from the alarm user, refresher training.
[Ord. No. 6063 §1, 3-24-2009]
Alarm systems installed after the effective date of this Article
shall meet or exceed standards set by American National Standards
Institute (ANSI) and/or Underwriter Laboratories (UL) for the applicable
alarm system.
[Ord. No. 6063 §1, 3-24-2009]
Any alarm business or alarm agent that sells, leases or installs
an alarm system within the City of Clayton must offer, either directly
or through an agency, repair service for said alarm system to maintain
it in proper working order.
[Ord. No. 6063 §1, 3-24-2009]
The alarm user shall be responsible for maintaining the alarm
system in good repair to assure reliability of operation.
[Ord. No. 6063 §1, 3-24-2009]
For the purpose of enforcing provisions of this Article, the
Police Chief or his designated representative shall have the authority,
at reasonable times and upon reasonable oral notice, to enter any
building, structure, facility or premises in the City of Clayton in
or upon which an alarm system or alarm business is located to inspect
the installation or operation of such alarm system or alarm business.
Any alarm user may request written notice of inspection and at any
alarm user's option inspection shall be made at alarm user's expense
by a licensed electrical contractor acceptable to him and to the City.
If such inspection reveals any violation of the provision of this
Article, the alarm user or alarm business shall be granted thirty
(30) days to correct such violation.
[Ord. No. 6063 §1, 3-24-2009]
The City of Clayton shall not be liable for any defects in operation
of automatic dialing devices or signal line systems for any failure
or neglect to respond appropriately upon receipt of an alarm from
any such source, nor for the failure or neglect of any alarm business
or alarm agent.
[Ord. No. 6063 §1, 3-24-2009]
A.Â
An
alarm, as that term is defined in this Article, is declared to be
an ordinance violation. There shall be no penalty for the first two
(2) false alarms in any twelve (12) month period or for any false
alarms during the first two (2) weeks following the installation of
an alarm system.
B.Â
Thereafter, the penalty for false alarms shall be as follows: for the third (3rd) or subsequent false alarm in any twelve (12) month period, the alarm user shall be punished as provided in Section 215.930 below.
C.Â
In
lieu of prosecution, if the Police Chief determines that the false
alarm in question was primarily due to inadvertence and was not an
intentionally false summoning of Police assistance, the offender may
pay to the Director of Finance an administrative penalty of fifty
dollars ($50.00) for the third (3rd) false alarm in a twelve (12)
month period, one hundred dollars ($100.00) for the fourth (4th) false
alarm in any twelve (12) month period and two hundred dollars ($200.00)
for any subsequent false alarm in any twelve (12) month period.
[Ord. No. 6063 §1, 3-24-2009]
Any alarm business or alarm agent installing an alarm system
within the City of Clayton shall be licensed and bonded in compliance
with applicable ordinances of St. Louis County and if required by
applicable ordinances of the City of Clayton or Statutes of the State
of Missouri.
[Ord. No. 6063 §1, 3-24-2009]
The Sections, paragraphs, sentences, clauses and phrases of
this Article are severable and if any Section, paragraph, sentence,
clause or phrase of this Article shall be declared unconstitutional
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining Sections,
paragraphs, sentences, clauses or phrases of this Article.
[Ord. No. 6063 §1, 3-24-2009]
Any person, firm, corporation, institution or organization or
representative thereof violating any of the provisions of this Article
or failing to comply with any of the provisions of this Article shall
be guilty of a misdemeanor, punishable by a fine of not more than
one thousand dollars ($1,000.00); and each day such failure to comply
or such violation continues shall be deemed a separate offense.
