[R.O. 1991 § 202.010; Ord. No. 1740-97 § 1, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
For the purpose of this Chapter the
following terms, phrases, words and their derivations shall have the
meanings given herein.
ALARM SIGNAL
A detectable signal, audibly, visually or both, to which
the Police Department responds to on an emergency basis, generated
by an alarm system, indicating the commission of, or attempt to commit,
a crime, presence of medical emergency or other emergency.
ALARM SYSTEM
Any single device or assembly of equipment designed to signal
the occurrence of an illegal entry or other emergency activity requiring
immediate attention and to which the Police Department responds.
ALARM USER
Any person in possession of any building, structure or facility
or part thereof who purchases, leases, contracts for or otherwise
obtains an alarm system.
AUTOMATIC DIAL PROTECTION DEVICE
An electrically operated instrument composed of sensory apparatus
and related hardware which automatically sends over regular telephone
lines a prerecorded voice alarm upon receipt of a stimulus from the
sensory apparatus that has detected a force or condition characteristic
of an unauthorized intrusion or an emergency message indicating a
need for emergency response.
CALENDAR YEAR
Each twelve-month period beginning on January 1 and ending
on December 31. The starting date for new systems shall be the actual
date an alarm information form is filed with the Chief of Police,
or the date of the first false alarm reported by the system, whichever
occurs first, and the ending date shall be December 31.
CHIEF OF POLICE
The Chief of Police of Smithville, Missouri, or his/her designated
representative(s).
FALSE ALARM
An alarm signal eliciting a response by the Police Department
when a situation requiring an immediate response does not in fact
exist, such as when no breach of security has been attempted or committed,
or no emergency exists.
An alarm will not be considered a false alarm if it is determined
that the alarm was caused by:
1.
A breach of security to the premises
has been committed or attempted.
2.
Natural or man-made catastrophe or
an act of God. Such events include tornadoes, floods, earthquakes
or other similarly violent conditions.
3.
Vandalism causing physical damage
to the premises.
5.
Attempted entry of a location causing
visible, physical or other evidence of damage to the location.
6.
Severe weather causing physical damage
to the premises.
7.
The test of a local alarm system
by a licensed alarm business agent or employee who is present at the
premises servicing, repairing or installing the alarm when such testing
does not result in the alarm being activated for an uninterrupted
period exceeding sixty (60) seconds and when the Smithville, Missouri
Police Department has been notified of the test.
LOCAL ALARM SYSTEM
An alarm system which when activated causes an audible and/or
visual signaling device to be activated only on the premises within
which the system is installed and which is intended to be heard or
seen by others outside of the protected premises.
SYSTEM(S)
Both local alarm systems and alarm systems.
[R.O. 1991 § 202.020; Ord. No. 1740-97 § 2, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
A. Alarm Information Form Required. No person(s)
shall use a local alarm system or alarm system after passage of this
Chapter which is designed to elicit, either directly or indirectly,
a Police Department response without first obtaining an alarm information
form for each system from the Chief of Police.
B. Motor Vehicles Exempt. An alarm information
form shall not be required to operate local alarm systems affixed
to motor vehicles.
C. Existing Systems. All persons using a system
installed prior to passage of this Chapter shall obtain an alarm information
form from the Chief of Police authorizing the continued use of the
system.
D. Application. The alarm information form
shall include the following information:
1.
Addresses. Common address at which
the system is installed, not to include post office boxes.
2.
Alarm User. Full name and address
of the alarm user.
3.
Property Owner. Full name, street
address and telephone number of the owner(s) of the property at which
the system is installed.
4.
Type Of System. Description of the
system, including whether it is equipped to cease emitting an audible
alarm sound within fifteen (15) minutes of activation for property
located within an area zoned residential or within five hundred (500)
feet of an area zoned residential and within thirty (30) minutes of
activation for property located within all other areas not zoned residential
and not within five hundred (500) feet of an area zoned residential.
5.
Installer. Full name and address
of the firm installing (or who has already installed) the system.
6.
Date. Date the system was installed.
7.
Service. If the system is serviced
or maintained by someone other than the alarm user, full name(s),
address(es) and telephone number(s) of the person(s) servicing or
maintaining the system.
8.
Monitor. If the system is monitored
by someone other than the alarm user, full name(s), address(es) and
telephone number(s) of the person(s) monitoring the system.
9.
Contact. Name, address and telephone
number of a person to be contacted by the Smithville, Missouri Police
Department in the event the alarm user is not available.
10.
Additional Information. Any other
information required by the Chief of Police to facilitate compliance
with this Chapter.
E. Transfer Of Possession. When the possession
of the premises at which a system is maintained is transferred, the
person obtaining possession of the property shall file an alarm information
form within thirty (30) days of obtaining possession of the property.
F. Whenever the information provided on the
alarm information form changes, the correct information shall be provided
to the Chief of Police within thirty (30) days of the change.
[R.O. 1991 § 202.030; Ord. No. 1740-97 § 3, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
A. Existing Systems. Any false alarms which
have been reported by or caused to be reported by a system prior to
enactment of this Chapter shall not be considered for any purpose.
B. New Systems. All new alarm systems used
or installed after July 15, 1997, shall receive either a ninety-day
grace period from the date of activation or six (6) false alarms,
whichever occurs first, for the purpose of adjustments and corrections
in the alarm system prior to any administrative fee or penalty as
provided herein.
[R.O. 1991 § 202.040; Ord. No. 1740-97 § 4, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
A. Residentially Zoned Property. Local alarm
systems or alarm systems located within an area zoned residential
or within five hundred (500) feet of an area zoned residential shall
automatically discontinue emitting an audible sound within fifteen
(15) minutes of activation. However, a system installed prior to the
effective date of this Chapter which does not have the capability
to automatically discontinue the audible alarm sound within fifteen
(15) minutes of activation shall not be subject to the requirement
of this Section.
B. Property Not Zoned Residential. Local alarm
systems or alarm systems located within an area not zoned residential
and not within five hundred (500) feet of an area zoned residential
shall automatically discontinue emitting an audible sound within thirty
(30) minutes of activation. However, a system installed prior to the
effective date of this Chapter which does not have the capability
to automatically discontinue the audible alarm sound within thirty
(30) minutes of activation shall not be subject to the requirement
of this Section.
[R.O. 1991 § 202.050; Ord. No. 1740-97 § 5, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
A. No automatic dial protection device shall
be used to report or cause to be reported any recorded message directly
to the Smithville, Missouri Police Department without the prior permission
of the Chief of Police.
1.
Exception. Direct dial systems in
place as of July 15, 1997.
[R.O. 1991 § 202.060; Ord. No. 1740-97 § 6, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
A. The Chief of Police shall, when requested
by an alarm user, review the determination that an alarm was false.
Such review may be done by the Chief of Police only if the alarm user
requests such a review within fifteen (15) days of the mailing or
other delivery of the notice of the false alarm determination. A request
for a determination by the Chief of Police shall include at least
the following information:
2.
Address at which alarm is installed;
3.
Date of alarm being contested;
4.
Facts upon which the request for
a review of determination is made.
[R.O. 1991 § 202.070; Ord. No. 1740-97 § 7, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
A. Any alarm system which has recorded more
than six (6) false alarms within a calendar year shall be subject
to the following administrative fee:
1.
Seven (7) through ten (10) false
alarms: twenty-five dollars ($25.00) each.
2.
Eleven (11) through fifteen (15)
false alarms: fifty dollars ($50.00) each.
3.
Sixteen (16) through twenty (20)
false alarms: seventy-five dollars ($75.00) each.
4.
Twenty-one (21) and each subsequent
false alarm: one hundred dollars ($100.00) each.
[R.O. 1991 § 202.080; Ord. No. 1740-97 § 8, 7-15-1997; Ord. No. 2253-04 § 1, 3-16-2004]
It shall be unlawful for any person
to violate any provision of this Chapter or fail to pay an administrative
fee when so required.
[R.O. 1991 § 202.090; Ord. No. 1740-97 § 9, 7-15-1997; Ord. No. 1907-99 § 1, 12-21-1999; Ord. No. 2253-04 § 1, 3-16-2004]
Any person convicted of violating any provision of this Chapter shall be punished by a fine and/or imprisonment as set out in Section
100.220.