[Ord. No. 557, §1]
This chapter shall be known and cited as the alarm systems code.
[Ord. No. 557, §1]
The provisions of this chapter shall apply to the incorporated
area of the city.
[Ord. No. 557, §1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
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.
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.
A person who uses an alarm system to protect any building,
structure, facility or premises.
An alarm system which automatically dials a specific telephone
number and transmits an emergency message by a recording over regular
telephone lines when actuated.
The police department of St. Louis County or the police department
of the city of Eureka.
An alarm system which provides for a special telephone line
that is directly connected to the department and has an outlet at
the department which emits a sound or transmits a signal or both when
actuated.
The director of licenses of the county, including his duly
authorized agent.
Any activation of an alarm system intentionally or by inadvertence,
negligence or unintentional act to which the department responds,
including activation caused by the malfunction of the alarm system;
except, that the following shall not be considered false alarms:
When the superintendent determines that an alarm has been caused
by the malfunction of the indicator at the department;
When the superintendent 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;
When an alarm is caused by an attempted and unauthorized or
illegal entry of which there is visible evidence;
When an alarm is intentionally caused by the resident acting
under a reasonable belief that a need exists to call the department;
When an alarm is followed by a call to the department cancelling
the alarm by giving proper information, prior to the arrival of the
department at the source of the alarm.
A person who has obtained an alarm business license under
the provisions of this chapter.
The superintendent of the county police department, including
his duly authorized agents, and the chief of police of the city, including
his duly authorized agents.
[Ord. No. 557, §1]
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.
No license shall be required of a person who sells alarm systems
at his 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, without additional
charge, of an alarm system under warranty.
[Ord. No. 557, §1]
(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;
(3)
The address of all offices of the alarms business in the county;
(4)
The name and address of any employee, agent, corporate officer, partner
or business associate whose position in the alarm business gives him
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; and
(9)
Signature of the applicant.
(b)
A person applying for a renewal of a license shall file his application
not less than ten days before his 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 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 access to information in the installation and use of alarm
systems for alarm users, has been convicted of the following:
(4)
That the types of alarm systems, the instructions for the alarm systems
and repair and maintenance services available through the applicant's
alarm business are in compliance with this chapter.
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The director may request the department to assist him 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, he shall issue a license;
otherwise, he 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 right to a hearing if requested by
the applicant within ten days after receipt of the notice.
(f)
A license shall expire on the 31st day of December next succeeding
issuance thereof, 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 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), or had a license revoked within one year immediately preceding the date the license application is filed, or has a license that is currently suspended, then such applicant, upon disassociation with such individual may obtain a license upon reapplication.
[Ord. No. 557, §1; Ord. No. 616, §1]
The annual fee for a license for an alarm business shall be
fifty dollars.
The fee for issuing a duplicate license for one lost, destroyed
or mutilated shall be ten dollars. These fees shall be adjusted on
an annual basis, effective January 1 of the year in question, to reflect
increases, if any, in the November offering next preceding the January
1 of the Cost of Living Index for all urban consumers for the St.
Louis area published by the Bureau of Labor Statistics of the United
States Department of Labor, as compared to the previous November offering,
using the period 1967 = 100 as the base period. All such computation
of increases made as provided herein shall be rounded to the nearest
fifty-cent figure, and shall not be further adjusted during the course
of the year in question until the following January 1 of the next
year in question, when such further adjustments, if warranted as provided
herein, shall be made.
[Ord. No. 557, §1]
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.
[Ord. No. 557, §1]
A licensee shall make available repair and maintenance services,
including emergency service during nonbusiness 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.
[Ord. No. 557, §1]
(a)
A license issued under this chapter shall not be assigned or transferred.
(b)
A licensee shall notify the director within ten days of any of the
following:
(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.
[Ord. No. 557, §1]
The director may establish, promulgate and enforce reasonable
rules and regulations in order to administer and enforce the provisions
of this chapter.
[Ord. No. 557, §1]
(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 as prohibited under
section 2A-9;
(2)
Failure to notify the director of any change as required under section
2A-9;
(3)
Failure to comply with any reasonable rule or regulation of the director;
(4)
Failure to provide proper instructions as required under section
2A-7;
(5)
Failure to provide adequate repair and maintenance services as required
by section 2A-8; or
(6)
Installation or replacement of alarm systems not in accordance with
sections 2A-15, 2A-16, and 2A-17;
(b)
Suspension of a license may be for up to thirty 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
2A-5(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 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 2A-9.
(e)
After revocation of a license, a person may file a new application
for a license pursuant to section 2A-5.
[Ord. No. 557, §1]
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 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.
[Ord. No. 557, §1]
No license shall be suspended or revoked until a licensee has
been afforded an opportunity for a hearing before the director.
The director shall provide notice to the licensee of the hearing
at least ten 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.
A licensee shall be heard in his defense either in person or
by counsel and may produce witnesses to testify in his behalf. A record
of the hearing shall be made. The director shall make a report of
his 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.
[Ord. No. 557, §1.; Ord. No. 1762 §1, 6-1-2004]
(a)
All false alarms to which the department responds shall result in
the following service charge to the alarm user:
(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
days of any service charge that may be due.
(c)
The department shall cancel any notice or service charge upon satisfactory
proof by the alarm user that a particular alarm falls within the exceptions
enumerated in section 2A-3.
(d)
Willful refusal to pay any such service charge within thirty days
of notice shall constitute a violation of this chapter, but in any
prosecution under section 2A-18 for violation of this provision, the
city shall prove, in addition to the willful refusal to pay, that
the service charge was properly imposed.
[Ord. No. 557, §1]
No person shall install or use an automatic dialing device which
is programmed to dial the department's telephone number.
Within ninety days from March 20, 1979, all automatic dialing
devices programmed to dial the 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 alarm system
reprogrammed within the ninety day period of time.
[Ord. No. 557, §1]
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.
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 2A-14.
[Ord. No. 557, §1]
An "audible alarm" is an alarm equipped with an exterior sound-
producing device such as a gong, buzzer, siren, bell or horn.
No person shall install or use an audible alarm without a thirty
minute timer.
Within ninety days from March 20, 1979, any alarm user already
having an audible alarm shall be responsible for equipping it with
a thirty minute timer.
[Ord. No. 557, §1]
Any person who violates or causes a violation of any provision of this chapter shall be punishable, upon conviction, in accordance with section 1-7 of this Code, and each day such violation continues shall be deemed a separate offense. Any charge brought under this section shall be brought by the city in, at its option, the associate circuit court of the city or the circuit court of the county.
The municipal prosecutor may bring an action in the name of
the municipality, to restrain or prevent a violation of any provision
of this chapter or any continuance of any such violation.
