[CC 1990 § 3-1; Ord. No. 26 § 2, 6-1-1988]
This Chapter shall be known and cited as the "Alarm Systems
Code."
[CC 1990 § 3-2; Ord. No. 26 § 3, 6-1-1988]
The provisions of this Chapter shall apply to the area within
the City limits of Chesterfield.
[CC 1990 § 3-3; Ord. No. 26 § 4, 6-1-1988; Ord. No. 470 §§ 1 — 2, 7-16-1990]
For the purposes of this Chapter, the following words, terms
and phrases shall have the meanings ascribed to them:
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.
CHIEF OF POLICE
The Chief of Police of the City of Chesterfield and includes
his/her duly authorized agents.
DEPARTMENT
The Police Department 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 Chesterfield.
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 Chief of Police determines that an alarm has been caused
by the malfunction of the indicator at the department;
2.
When the Chief 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 resident acting under
a reasonable belief that a need exists to call the department;
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.
[CC 1990 § 3-4; Ord. No. 26 § 8, 6-1-1988]
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.
[CC 1990 § 3-5; Ord. No. 26 § 9, 6-1-1988]
A licensee shall make available repair and maintenance services,
including emergency services during non-business hours, to alarm users
for whom 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.
[CC 1990 § 3-6; Ord. No. 26 § 11, 6-1-1988]
The Director may establish, promulgate and enforce reasonable
rules and regulations in order to administer and enforce the provisions
of this Chapter.
[CC 1990 § 3-7; Ord. No. 26 § 13, 6-1-1988]
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.
[CC 1990 § 3-8; Ord. No. 26 § 15, 6-1-1988; Ord. No. 436 § 1, 4-2-1990; Ord. No. 1795 § 1, 10-15-2001]
A. All false alarms to which the department responds shall result in
the following fines being assessed:
1.
First offense: twenty-five dollars ($25.00).
2.
Second offense: fifty dollars ($50.00).
3.
Each subsequent offense per calendar year: one hundred dollars
($100.00).
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 Section
610.030.
D. Willful refusal to pay the fine within thirty (30) days of notice
shall constitute a violation of this Chapter but in any prosecution
for violation of this provision, the City shall prove, in addition
to the willful refusal to pay, that the fine was properly imposed.
[CC 1990 § 3-9; Ord. No. 26 § 16, 6-1-1988]
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 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.
[CC 1990 § 3-10; Ord. No. 26 § 17, 6-1-1988]
A. All direct signal alarm systems which connect to 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 720.140, RSMo.
[CC 1990 § 3-11; Ord. No. 26 § 18, 6-1-1988]
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.
C. Within ninety (90) days from the effective date of this Chapter,
any alarm user having an audible alarm shall be responsible for equipping
it with a thirty-minute timer.
[CC 1990 § 3-13; Ord. No. 26 § 20, 6-1-1988]
In order to enter into a contract or renew a contract with St.
Louis County for the provision of police services, the City shall
adopt legislation identical in substance to Chapter 720 of the SLCRO.
[CC 1990 § 3-21; Ord. No. 26 § 5, 6-1-1988]
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.
[CC 1990 § 3-22; Ord. No. 26 § 6, 6-1-1988]
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 Chesterfield.
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. Requirements; Investigation.
1.
Upon the filing of a license application, the Director shall
conduct an investigation to determine whether the following requirements
are satisfied:
a.
The information contained in the license application is true.
b.
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.
c.
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:
(1) Any felony involving moral turpitude within the
previous five (5) years;
(2) Any misdemeanor involving moral turpitude within
the previous two (2) years;
(3) Repeated or continual violation of any provision
of this Chapter within the previous two (2) years.
d.
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.
2.
The Director may request the Police Department to assist the
Director in the investigation of a license application.
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. No applicant shall be granted, or if already granted, renewed, a license if the applicant is maintaining a violation of Chapter
215 or Chapter
405 of the City of Chesterfield Municipal Code.
[Ord. No. 3221, 1-17-2023]
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 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 Section 720.050(4)(c), RSMo., 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.
[CC 1990 § 3-23; Ord. No. 26 § 7, 6-1-1988]
A. The annual fee for a license for an alarm business shall be fifty
dollars ($50.00).
B. The fee for issuing a duplicate license for one lost, destroyed or
mutilated shall be ten dollars ($10.00).
[CC 1990 § 3-24; Ord. No. 26 § 10, 6-1-1988]
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.
[CC 1990 § 3-25; Ord. No. 26 § 12, 6-1-1988]
A. The Director shall have the power to suspend a license for new installations,
sales, leases or replacements of alarm systems for any one (1) or
more of the following reasons:
1.
Attempted assignment or transfer of a license prohibited under Section
610.230(A);
2.
Failure to notify the Director of any change as required under Section
610.230(B);
3.
Failure to comply with any reasonable rule or regulation of
the Director;
4.
Failure to provide proper instructions as required under Section
610.040;
5.
Failure to provide adequate repair and maintenance services as required by Section
610.050;
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 (1) or more of the
following reasons:
1.
Conviction of the licensee of any of the offenses listed in Section
610.210(C)(1)(c) 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
610.090(B).
E. After revocation of a license, a person may file a new application for a license pursuant to Section
610.210.
[CC 1990 § 3-26; Ord. No. 26 § 14, 6-1-1988]
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.