[R.O. 2005 § 615.010; Ord. No.
3.334§ 1, 2-24-1998]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
context clearly indicates a different meaning:
Any person, corporation, or partnership who is employed by
an alarm business, either directly or indirectly, whose duties include
any of the following: selling, maintaining, leasing, servicing, repairing,
altering, replacing, moving or installing, on or in any building structure,
or facility any alarm system.
Any business engaged in any of the activities of selling,
installing, servicing, altering, leasing, repairing, maintaining,
replacing, moving, monitoring, or responding to an alarm system and
causing any of these activities to take place.
A number issued to an alarm subscriber by the Police Department
of the City for the purpose of identifying that alarm system for dispatching
and record keeping purposes.
Any person, corporation, or partnership that leases, contracts
for, buys or otherwise obtains and operates an alarm system for the
purpose of obtaining a response to the alarm from the Police, and
on whose premises an alarm system is maintained, excluding audible
alarms on motor vehicles.
Any device, which is designed or used for the detection of
burglary or attempted burglary or fire, or for alerting others of
the commission of a robbery or attempted robbery within a building,
structure, or facility or both, and which emits a sound or transmits
a signal or message when activated for the purpose of deterring the
intruder or notifying another person of the happening or both.
An alarm system, which automatically sends over the telephone
switching network, a prerecorded voice message or coded signal indicating
existence of an unlawful act or situation to which a Police or Fire
Department response is requested. This definition refers only to those
devices which terminate at any Bates City Police Department or Sni-Valley
Fire Protection District telephone line.
Any year beginning January 1, at 12:01 A.M. and ending at
Midnight, December 31.
The activation of a burglary, robbery, fire, or other alarm,
whereby the Police or Fire Department are summoned to a location,
and neither of these offenses or a fire have occurred or have been
attempted, except that an alarm will not be considered a false alarm
if it is determined that the alarm was caused by:
Natural or man-made catastrophe, or an act of God. Such events
include tornadoes, floods, earthquakes, or other similarly violent
conditions.
Vandalism causing physical damage to the premises.
Telephone line outage or power outage.
Attempted entry of a location causing visible physical or other
evidence of damage to the location.
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 Bates City, Missouri, Police Department has been notified
in advance of the test.
Members of the Police Department of Bates City and Sni-Valley
Fire Protection.
The utility that furnishes telephone service to the City
area.
[R.O. 2005 § 615.020; Ord. No.
3.334§ 2, 2-24-1998]
A.
Prior to reporting any alarm to the Police, an alarm identification
number for each separate system must be obtained by the alarm subscriber
or by the installation contractor from the Police Department. It shall
be unlawful for the subscriber to report an alarm to the Police Department
without first obtaining an alarm identification number.
B.
Application for the alarm identification number shall be signed by
the applicant and, in addition to information prescribed by the Police
Chief, shall contain these words:
"Undersigned applicant agrees that Bates City shall have no
responsibility in rendering or not rendering any service or in termination
of service in connection with any alarm or alarm system, any service
being voluntary and solely for the benefit of applicant."
C.
Application for the alarm identification number shall be made to
the Chief of Police in the manner and form prescribed by the Chief
of Police, and shall include the information needed to identify the
owner (alarm subscriber), alarm monitor, and installation contractor,
and the address where the alarm subscriber receives mail.
D.
Alarm identification numbers may not be given to an alarm business
or an alarm subscriber who has had ten (10) false alarms within any
given calendar year until that false alarm problem has been corrected
to the satisfaction of the City.
E.
The Police Department will take reasonable steps to maintain private
the information contained in the application for the alarm identification
number and it's use will be restricted to the extent permitted by
law to implementation and enforcement of this Chapter.
[R.O. 2005 § 615.030; Ord. No.
3.334§ 3, 2-24-1998]
All alarm sounding reported, either directly or by relay from
an alarm business, shall be done in a manner prescribed by the Chief
of Police.
[R.O. 2005 § 615.040; Ord. No.
3.334§ 4, 2-24-1998]
A.
Upon receipt of the second false alarm within a calendar year a warning
notice shall be issued by the Police Department or its designate to
the subscriber and the alarm business monitoring the system, if any,
notifying the subscriber and the alarm business that the second false
alarm within a calendar year has occurred.
B.
Service or response may be suspended to an alarm subscriber or alarm
business if that alarm system has ten (10) or more false alarms within
any given calendar year.
[R.O. 2005 § 615.050; Ord. No.
3.334 § 5, 2-24-1998]
A.
No person shall use, operate, or install any automatic dialing device
that will upon activation, automatically initiate a telephone call
and deliver a recorded message to any telephone of a customer of the
public telephone company, without the prior written consent of such
customer.
B.
It shall be unlawful for any person to install or have installed
within a residence, business, or any building within the City limits
an automatic dialing device or tape dialer that when activated sends
a prerecorded voice message over a telephone cable or wire to the
Police Department by the use of the City's 911 emergency telephone
service or by use of any other telephone number assigned to the Bates
City Police Department or the Sni-Valley Fire Protection District.
C.
Upon receipt of either the fourth or any subsequent false alarm within
the calendar year, a partial expense reimbursement to the City shall
be paid by the alarm subscriber for the alarm system which has falsely
alarmed for that and each subsequent alarm. The partial expense reimbursement
due the City for the fourth, fifth and sixth false alarm in any given
calendar year shall be fifty dollars ($50.00). The partial expense
reimbursement for the seventh, eighth, and ninth false alarm in any
given calendar year shall be seventy-five dollars ($75.00). The partial
reimbursement for the 10th and all subsequent false alarms occurring
within any given calendar year shall be one hundred dollars ($100.00).
D.
An alarm subscriber who desires to appeal a partial expense reimbursement
imposed by these Sections shall submit a written request for a hearing
to the Board of Aldermen within ten (10) days' of the receipt of the
notice that the money is due. Said Board hearing shall be held at
a regularly scheduled meeting of the Board after ten (10) days notice
to the subscriber but no more than sixty (60) days after the filing
of the written request. Payment of any partial reimbursement expense
shall be stayed by any appeal herein pending final decision.
E.
The City shall send the alarm subscriber notice of any partial expense
reimbursements, due, and said alarm subscriber shall pay the same
within ten (10) days of the mailing of said notice to the address
listed on the application for an identification number.
F.
Failure to pay any due partial reimbursement expense as required
shall be unlawful and is also sufficient basis for the City to discontinue
any alarm service provided to the alarm subscriber for the alarm system
that gave rise to the partial reimbursement expense.
[R.O. 2005 § 615.060; Ord. No.
3.334 § 6, 2-24-1998]
A.
Each alarm system with any exterior sound-producing device, including,
but not limited to, gongs, buzzers, sirens, bells, or horns shall
be equipped with a time device which limits the operation of such
exterior sound-producing device.
1.
Property Primarily Residential. Local alarm systems located
within an area primarily residential or within five hundred (500)
feet of an area primarily residential shall automatically discontinue
emitting an audible sound within fifteen (15) minutes of activation.
An alarm system which emits an intermittent signal shall discontinue
emitting any audible sound within fifteen (15) minutes of activation.
However, an alarm system installed prior to February 24, 1998, which
does not have the capability to automatically discontinue an audible
alarm sound within fifteen (15) minutes of activation shall not be
subject to the requirement of this Section.
2.
Property Not Primarily Residential. Local alarm systems located
within an area not primarily residential and not within five hundred
(500) feet of a residential area shall automatically discontinue emitting
an audible sound within thirty (30) minutes of activation. An alarm
system which emits an intermittent signal shall discontinue emitting
any audible sound within thirty (30) minutes of activation. However,
an alarm system installed prior to February 24, 1998, 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. 2005 § 615.070; Ord. No.
3.334§ 7, 2-24-1998]
A.
A local alarm system regulated by Section 615.060(A)(1) which fails to discontinue emitting an audible sound within fifteen (15) minutes of activation is declared to be a nuisance. A local alarm system regulated by Section 615.060(A)(2) which fails to discontinue emitting an audible sound within thirty (30) minutes of activation is declared to be a nuisance.
B.
Public safety personnel of Bates City, Missouri, are authorized to
take necessary and reasonable steps to abate the nuisance declared
by this Section. These steps shall be limited to the exterior of buildings
or other structures.
C.
A notice shall be sent to the permit holder within a reasonable time
following abatement of the nuisance.
D.
This Section is remedial, not punitive.
[R.O. 2005 § 615.080; Ord. No.
3.334§ 8, 2-24-1998]
A.
It shall be unlawful for any person, corporation, or partnership to violate any provision of this Chapter except that it shall not be deemed unlawful to accumulate more than three (3) false alarms in any calendar year. Such accumulation shall be dealt with as set out in Section 615.050.
B.
The accumulation of more than three (3) false alarms shall not be
a criminal violation and shall not be punishable in Municipal Court
but failure to pay the partial expense reimbursement shall be such
a violation.
C.
It shall not be a defense that the warning referenced in Section 615.040(A) is not given or is not received.
D.
If the alarm subscriber is other than an individual, the corporation
or partnership may be charged with the ordinance violation and be
summoned into court by delivering said summons to an officer, partner,
or managing or general agent, or by leaving it at any business office
of the corporation or partnership with the person having charge thereof.
[R.O. 2005 § 615.090; Ord. No.
3.334§ 9, 2-24-1998]
