[R.O. 1997 § 630.010; Ord. No. 60 § 2, 9-1-1995]
This Chapter shall be known and cited
as the "Alarm Systems Code."
[R.O. 1997 § 630.020; Ord. No. 60 § 3, 9-1-1995]
The provisions of this Chapter shall
apply to the area within the City limits of Wildwood.
[R.O. 1997 § 630.030; Ord. No. 60 § 4, 9-1-1995]
For the purposes of this Chapter,
the following terms shall be deemed to have the meanings indicated
below:
ALARM BUSINESS
The business of any person who sells, leases, maintains,
services, repairs, alters, replaces, moves or installs any alarm system
or causes same to be sold, leased, maintained, serviced, repaired,
altered, replaced, moved or installed in or on any building, structure,
facility or premises.
ALARM SYSTEM
Any mechanical or electrical device which is designed to
be actuated manually or automatically upon the detection of an unauthorized
entry, intrusion, or other emergency in or on any building, structure,
facility or premises through the emission of a sound or transmission
of a signal or message.
ALARM USER
A person who uses an alarm system to protect any building,
structure, facility or premises.
AUTOMATIC DIALING DEVICE
An alarm system which automatically dials a specific telephone
number and transmits an emergency message by a recording over regular
telephone lines when actuated.
DEPARTMENT
The Department of Police of St. Louis County, Missouri.
DIRECT SIGNAL ALARM SYSTEM
An alarm system which provides for a special telephone line
that is directly connected to the Department and has an outlet at
the Police Department which emits a sound or transmits a signal or
both when actuated.
DIRECTOR
The Director of Licenses of St. Louis County, Missouri, for
those licenses issued prior to this Chapter and includes his/her duly
authorized agents or the City Administrator of the City of Wildwood.
FALSE ALARM
Any activation of an Alarm System intentionally or by inadvertence,
negligence or unintentional act to which the Police Department responds,
including activation caused by the malfunction of the alarm system,
except that the following shall not be considered false alarms:
1.
When the Superintendent of Police
determines that an alarm has been caused by the malfunction of the
indicator at the Department;
2.
When the Superintendent of Police
determines that an alarm has been caused by damage, testing or repair
of telephone equipment or lines by the telephone company provided
that such incidents are promptly reported to the telephone company;
3.
When an alarm is caused by an attempted
and unauthorized or illegal entry, of which there is visible evidence;
4.
When an alarm is intentionally caused
by the resident acting under a reasonable belief that a need exists
to call the Department; or
5.
When an alarm is followed by a call
to the Department canceling the alarm by giving proper information,
prior to the arrival of the Department at the source of the alarm.
LICENSEE
A person who has obtained an alarm business license under
the provisions of this Chapter or who obtained a license from the
County of St. Louis, prior to the City's incorporation.
SUPERINTENDENT
The Superintendent of the Department of Police of St. Louis
County, Missouri, and includes his/her duly authorized agents.
[R.O. 1997 § 630.040; Ord. No. 60 § 5, 9-1-1995]
A. No person shall engage or attempt to engage
in the business of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing alarm systems in or on any
building or premises without a currently valid license issued pursuant
to this Chapter.
B. No license shall be required of a person
who sells alarm systems at his/her place of business or by mail but
neither installs, maintains, nor offers to install or maintain such
system. For the purpose of this exception, maintenance does not include
the repair under warranty of an alarm system without additional charge.
[R.O. 1997 § 630.050; Ord. No. 60 § 6, 9-1-1995; Ord. No. 671 § 1, 12-11-2000]
A. A person applying for a license or a renewal
thereof shall file a written verified application with the Director
on a form provided by the Director which form shall require the following
information:
1.
The name, address and telephone number
of the applicant.
2.
The business or trade name, address
and telephone number of the applicant.
a.
If an unincorporated association,
the names and addresses of the associates.
b.
If a corporation, the corporation's
registered name and the names and addresses of the officers of the
corporation.
c.
If an individual proprietorship,
the name and address of the proprietor.
3.
The address of all offices of the
alarm business within the City limits of Wildwood.
4.
The names and addresses of any employee,
agent, corporate officer, partner or business associate whose position
in the alarm business gives him/her access to information in the installation
and use of alarm systems for alarm users.
5.
Specifications of the alarm systems
to be dealt in.
6.
A copy of the instructions provided
alarm users.
7.
A statement of repair and maintenance
service to be made available to applicant's customers.
8.
Name and address of the person designated
by the applicant to receive notice issued under this Chapter.
9.
Signature of the applicant.
B. A person applying for a renewal of a license
shall file his/her application not less than ten (10) days before
his/her license expires.
C. Upon the filing of a license application,
the Director shall conduct an investigation to determine whether the
following requirements are satisfied:
1.
That the information contained in
the license application is true.
2.
That the applicant for a license
or an individual who is an employee, agent, corporate officer, partner
or business associate of the applicant has not had a license revoked
within one (1) year immediately preceding the date the license application
is filed or does not have a license that is currently suspended.
3.
That neither the applicant nor any
employee, agent, corporate officer, partner or business associate
whose position in the alarm business gives him/her access to information
in the installation and use of alarm systems for alarm users, has
been convicted of the following:
a.
Any felony involving moral turpitude
within the previous five (5) years;
b.
Any misdemeanor involving moral turpitude
within the previous two (2) years; or
c.
Repeated or continual violation of
any provision of this Chapter within the previous two (2) years.
4.
That the types of alarm systems,
the instructions for the alarm systems and repair and maintenance
services available through applicant's alarm business are in compliance
with this Chapter.
The Director may request the Police
Department to assist the Director in the investigation of a license
application.
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D. If the Director determines that a license
application satisfies the requirements prescribed by this Section,
the Director shall issue a license; otherwise, the Director shall
deny the license application.
E. The Director shall notify the applicant
of the issuance of a license, or denial of the license application.
In the case of a denial of a license application the Director shall
notify the applicant by certified mail and include in the notice the
reason for the denial and a statement informing the applicant of his/her
right to a hearing if requested by the applicant within ten (10) days
after receipt of the notice.
F. A license shall expire on the 31st day
of December next succeeding issuance thereof or issuance by St. Louis
County if prior to incorporation, except in the following instances:
1.
If an applicant timely applies for
a license renewal in accordance with this Section and the determination
of the renewal request is delayed beyond the 31st day of December,
the licensee's license is extended pending the determination of the
renewal request by the Director.
2.
If an applicant's license has been
suspended or revoked.
G. If an applicant is denied a license solely because an individual who is an employee, agent, corporate officer, partner or business associate of the applicant has been convicted of the offenses listed in Subsection
(C)(3) of this Section, or had a license revoked within one (1) year immediately preceding the date the license application is filed, or has a license that is currently suspended, then said applicant, upon disassociation with said individual, may obtain a license upon reapplication.
[R.O. 1997 § 630.060; Ord. No. 60 § 7, 9-1-1995]
A. The annual fee for a license for an Alarm
Business shall be one hundred dollars ($100.00).
B. The fee for issuing a duplicate license
for one lost, destroyed, or mutilated shall be ten dollars ($10.00).
[R.O. 1997 § 630.070; Ord. No. 60 § 8, 9-1-1995]
A licensee who sells, leases, installs,
alters or replaces an alarm system shall furnish the alarm user with
written instructions as to how the system operates.
[R.O. 1997 § 630.080; Ord. No. 60 § 9, 9-1-1995]
A licensee shall make available repair
and maintenance services, including emergency services during non-business
hours, to alarm users for whom the licensee has made installations.
At the time of installation, the licensee shall furnish to the alarm
user a repair service information card. This card shall inform the
alarm user of the services available and include the telephone numbers
to call for regular and emergency service.
[R.O. 1997 § 630.090; Ord. No. 60 § 10, 9-1-1995]
A. A license issued under this Chapter shall
not be assigned or transferred.
B. A licensee shall notify the Director of
the following information within ten (10) days.
1.
Change of control and ownership or
management of the alarm business;
2.
Change in address or a new address
of the alarm business;
3.
Change of trade name of the alarm
business;
4.
Names of new employees, agents, corporate
officers, partners or business associates;
5.
Any change in the repair and maintenance
services available by or through the licensee's alarm business.
[R.O. 1997 § 630.100; Ord. No. 60 § 11, 9-1-1995]
The Director may establish promulgate
and enforce reasonable rules and regulations in order to administer
and enforce the provisions of this Chapter.
[R.O. 1997 § 630.110; Ord. No. 60 § 12, 9-1-1995]
A. The Director shall have the power to suspend
a license for new installations, sales, leases or replacements of
alarm systems for any one or more of the following reasons:
1.
Attempted assignment or transfer of a license prohibited under Section
630.090(A);
2.
Failure to notify the Director of any change as required under Section
630.090(B);
3.
Failure to comply with any reasonable
rule or regulation of the Director;
4.
Failure to provide proper instructions as required under Section
630.070;
5.
Failure to provide adequate repair and maintenance services as required by Section
630.080;
B. Suspension of a license may be for up to
thirty (30) days.
C. A licensee is still licensed and is still
required to provide repair and maintenance service during a suspension
period, but no other alarm business shall be conducted.
D. The Director shall revoke a license for
any one or more of the following reasons:
1.
Conviction of the licensee of any of the offenses listed in Section
630.050(C)(3) or the hiring of any person or the retention of any employee, agent, corporate officer, partner or business associate who is convicted for same and whose position in the alarm business gives him/her access to information in the installation and use of alarm systems for alarm users.
2.
Suspension of a license more than
twice in any twelve-month period.
3.
The making of any false statement as to a material matter or the omission of any material fact in any application for a license or any change in the information required under Section
630.150(B).
E. After revocation of a license, a person may file a new application for a license pursuant to Section
630.050.
[R.O. 1997 § 630.120; Ord. No. 60 § 13, 9-1-1995]
For the purpose of enforcing this
Chapter, the Director shall have the power to make an investigation,
and to the extent necessary for this purpose, he/she may examine a
licensee or any other persons and shall have the power to compel the
production of all relevant books, accounts, documents and other records.
[R.O. 1997 § 630.130; Ord. No. 60 § 14, 9-1-1995]
A. No license shall be suspended or revoked
until a licensee has been afforded an opportunity for hearing before
the Director.
B. The Director shall provide notice to the
licensee of the hearing at least ten (10) days prior to the hearing.
Notice shall be served either personally or by certified mail and
shall state the date and place of hearing and a summary of the charges
against the licensee.
C. A licensee shall be heard in his/her defense
either in person or by counsel and may produce witnesses to testify
in his/her behalf. A record of the hearing shall be made. The Director
shall make a report of his/her findings and decision. For the purpose
of this Chapter, the Director may administer oaths, take testimony,
subpoena witnesses and compel the production of books, papers, records
and documents relevant to the investigation.
[R.O. 1997 § 630.140; Ord. No. 60 § 15, 9-1-1995; Ord. No. 913 § 1, 1-13-2003; Ord. No. 1162 § 1, 3-28-2005]
A. All false alarms to which the Department
responds shall result in a fine in accordance with the following schedule
of fines for each address, in each calendar year, after adoption of
this Section.
False alarm instances:
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1st
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-
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No Fine
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5th
|
-
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$100.00
|
|
2nd
|
-
|
$50.00
|
6th
|
-
|
$150.00
|
|
3rd
|
-
|
$50.00
|
|
-
|
Each Subsequent Alarm After the 6th
False Alarm - $200.00
|
|
4th
|
-
|
$75.00
|
|
-
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B. Upon determination by the Department that
a false alarm has occurred, the Department shall send a notice to
the alarm user notifying the alarm user of the determination and directing
payment within thirty (30) days.
C. The Department shall cancel any notice or fine upon satisfactory proof by the alarm user that a particular alarm falls within the exceptions enumerated in the definition of "false alarm" in Section
630.030.
D. Willful refusal to pay the fine within thirty (30) days of notice shall constitute a violation of this Chapter but in any prosecution under Section
630.180 for violation of this provision, the City shall prove, in addition to the willful refusal to pay, that the fine was properly imposed.
[R.O. 1997 § 630.150; Ord. No. 60 § 16, 9-1-1995]
A. No person shall install or use an automatic
dialing device which is programmed to dial the Department's telephone
number.
B. Within ninety (90) days from the effective
date of this Chapter, September 1, 1995, all automatic dialing devices
programmed to dial Department's telephone number shall be reprogrammed
to dial any other consenting person who may relay the emergency message
to the Department by live voice. The alarm user of such device shall
be responsible for having his/her alarm system reprogrammed within
the ninety-day period.
[R.O. 1997 § 630.160; Ord. No. 60 § 17, 9-1-1995]
A. All direct signal alarm systems which connect
to the Department are prohibited except for Federal institutions which
are required to have such an alarm system under Federal law.
B. Any Federal institution which is permitted to have a direct signal alarm system shall be required to pay all costs for the installation, maintenance and repair of the alarm system and shall be subject to the provisions of Section
630.140.
[R.O. 1997 § 630.170; Ord. No. 60 § 18, 9-1-1995]
A. An "audible alarm" is an alarm equipped
with an exterior sound-producing device such as a gong, buzzer, siren,
bell or horn.
B. No person shall install or use an audible
alarm without a thirty-minute timer.
[R.O. 1997 § 630.180; Ord. No. 60 § 19, 9-1-1995; Ord. No. 1607 § 1, 3-23-2009]
A. Any person who violates or causes a violation of any provision of this Chapter shall be punishable, upon conviction, by a fine and imprisonment as set out in Section
100.140 of this Code.
B. The City Attorney may bring an action in
the name of the City to restrain or prevent a violation of any provision
of this Chapter or any continuance of any such violation.