[R.O. 2008 § 205.010; R.O. 2007 § 205.010; Ord. No. 2051 § 2, 8-7-1992]
The purpose of this Chapter is to encourage security alarm users and alarm businesses to maintain the operational reliability of, and to properly use, alarm systems, thereby limiting unnecessary police emergency responses to false alarms.
[R.O. 2008 § 205.020; R.O. 2007 § 205.020; Ord. No. 2051 § 3, 8-7-1992]
For the purposes of this Chapter, the following words shall have the meanings set out herein:
ALARM NOTIFICATION
Any notification intended to summon the police to the alarm site.
ALARM SITE
A single premises or location served by an alarm system or systems.
ALARM SYSTEM
Any device or system that emits, transmits, or relays a signal intended to summon, or that would be expected to summon, police services of the City of O'Fallon, including, but not limited to, local alarms. Excluded under this Chapter are:
1. 
Automobile alarms, unless the vehicle is permanently located at a site.
2. 
An internal alarm designed to alert only the inhabitants of a building.
CHIEF
The O'Fallon Chief of Police or his/her designated representative.
DEPARTMENT
O'Fallon Police Department.
FALSE ALARM NOTIFICATION (FAN)
Any alarm notification to the Department, when the officer finds no evidence of a criminal offense or attempted criminal offense. For the purposes of this Chapter, the following alarms are excluded from this definition:
1. 
During electrical storms, tornados, blizzards and other severe weather or acts of God.
2. 
The intermittent disruption or total disruption of the telephone circuits beyond the control of the alarm company and/or alarm user.
3. 
Electrical power disruption or failure.
4. 
While the alarm or alarm system is being worked on and after proper prior notification to the Department.
LOCAL ALARM
Any alarm system that emits a signal at an alarm site that is audible or visible from the exterior of the structure.
PERSON
Any individual, corporation, partnership, association, organization, government body or similar entity.
[R.O. 2008 § 205.030; R.O. 2007 § 205.030; Ord. No. 2051 § 4, 8-7-1992]
A. 
The person in control of an alarm system shall:
1. 
Maintain the premises and alarm system in a manner that will minimize or eliminate false alarm notification.
2. 
Provide the Department at all times the name, address and telephone number of at least two (2) persons who have the knowledge and ability to reset the alarm and secure the premises in case of an actual or false alarm.
3. 
Respond, or cause his/her representative to respond, to the alarm site within a reasonable length of time once notified by the Department; and to deactivate a malfunctioning alarm system, to provide access to the premises by Department personnel, or to provide security for the premises.
4. 
Not manually, or allow another person to manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.
5. 
Ensure that an audible local alarm is adjusted so that the alarm signal will sound for no longer than ten (10) minutes after being activated.
6. 
Notify the Department any time that the alarm system is being altered or repaired.
7. 
Be responsible for the proper training of their personnel in the operation of the system so that all provisions of this Chapter will be complied with.
[R.O. 2008 § 205.040; R.O. 2007 § 205.040; Ord. No. 2051 § 5, 8-7-1992]
The Department shall be held harmless should a person, or his/her designate, responsible for an alarm system summoned to the alarm site verbally refuse to respond when notified of an alarm. In this case, Police Officers will return to service and will not respond to the location again until the site is properly secured and the alarm reset.
[R.O. 2008 § 205.050; R.O. 2007 §205.050; Ord. No. 2051 §6, 8-7-1992]
The Chief will be responsible for maintaining records of both alarm notifications and false alarm notifications, and will notify all alarm users within five (5) working days of any FANs. If there is reason to believe that an alarm system is not being used or maintained in a manner that ensures proper operation and minimizes FAN, the Chief may require a conference with the alarm user and the alarm company, if applicable, to review the circumstances for each false alarm.
[R.O. 2008 § 205.060; R.O. 2007 § 205.060; Ord. No. 2051 §§ 7 – 8, 8-7-1992]
A. 
The person in control of an alarm system shall be subject to warnings or fees depending upon the number of false alarm notifications (FAN) emitted from an alarm system within the current calendar year based upon the following schedule:
No. of FANs
Action Taken
1 – 3
Warning letter.
4 or more
Warning letter and a fee of one hundred dollars ($100.00) per FAN.
B. 
A newly installed alarm system will be exempt from the above schedule of FAN for thirty (30) days from the date of activation if notification is received by the Department stating the date of activation of the system.
C. 
Alarm notifications caused by an actual criminal offense or with evidence of a criminal offense attempt, shall not be counted as an FAN.
D. 
It shall be unlawful for the person in control of an alarm system and the owner of property having an alarm system fail to pay any imposed fee pursuant to this Section within thirty (30) days of the issuance of such fee. Any violation of this Section shall be subject to the penalties provided in Section 100.010. Each day shall constitute a separate violation.
[R.O. 2008 § 205.070; R.O. 2007 § 205.070; Ord. No. 2051 §§ 9 – 11, 8-7-1992]
A. 
No automatic alarm notification systems, with pre-recorded messages, will be allowed in the City of O'Fallon that directly contacts the Police Department; and the use of one of these alarm systems will be a violation of this Chapter.
B. 
No direct line alarms shall be installed directly into the Department.
C. 
No telephone alarm system will be programmed to notify the Department directly by use of the "911" emergency telephone line.
[R.O. 2008 § 205.080; R.O. 2007 § 205.080; Ord. No. 2051 § 12, 8-7-1992]
The intentional activation of an alarm when no crime is occurring, or to test any alarm, or to test the response of police personnel, without first receiving department permission will be a separate violation of this Chapter.
[R.O. 2008 § 205.090; R.O. 2007 § 205.090; Ord. No. 2051 § 13, 8-7-1992]
Any person found in violation of any of the provisions of this Chapter, with the exceptions of Section 205.030(A)(1), (2),(3), (6) and (7), may be subject to a penalty as set out in Section 100.010. However, no penalty shall be assessed in conjunction with a fee as outlined in Section 205.060(A).
[R.O. 2008 § 205.100]
A. 
As used in this Article, the term "convenience business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and is open for business at any time between the hours of 11:00 P.M. and 5:00 A.M. The term "convenience business" does not include:
1. 
A business that is solely or primarily a restaurant;
2. 
A business that has at least ten thousand (10,000) square feet of retail floor space; or
3. 
A business which is owned by a person who owns a business at no other location.
B. 
A political subdivision of this State may not adopt, for convenience businesses, security standards which differ from those contained in this Article, and all such differing standards are hereby preempted and superseded by State Statute.
[R.O. 2008 § 205.110]
A. 
Prior to January 1, 1997, for the protection of employees and the consumer public at late-night convenience businesses, every operator of a convenience business shall ensure that such operator's convenience business is equipped with the following:
1. 
A bullet-resistant glass enclosure or security camera system capable of recording and retrieving an image to assist law enforcement officials in the identification and apprehension of a criminal offender and by January 1, 1998, such system shall have at least one (1) camera focused on the cash register area;
2. 
A drop safe or cash-management device for restricted access to cash receipts;
3. 
Lighting for parking areas and entrances at an intensity to provide clear visibility under normal conditions, which can be satisfied by canopy lighting within ten (10) feet of the building;
4. 
A conspicuous notice at the entrance which states that the cash register contains limited funds;
5. 
Height markers at the entrance of the convenience business which display height measures; and
6. 
A cash management policy to limit the cash on hand at all times after 11:00 P.M. and before 5:00 A.M.
B. 
Prior to January 1, 1998, for the protection of employees and the consumer public at late-night convenience businesses, every operator of a convenience business shall ensure that such operator's convenience business is equipped with the following:
1. 
A silent alarm system which shall be connected to a security company or a local law enforcement agency; or
2. 
A telephone, other than a pay telephone, accessible to employees at all times.
C. 
After January 1, 1997, for the protection of employees and the consumer public at late-night convenience businesses, every operator of a convenience business shall ensure that:
1. 
No window signs shall be located so as to obstruct the view from outside the building to the cash register and sales transaction area; and
2. 
No window tinting that significantly reduces exterior or interior view in a normal line of sight.
D. 
For the purposes of Sections 205.100 through 205.120, "operator" means any individual proprietor or business entity responsible for the day-to-day operation of the convenience business.