(a)
A
separate permit is required by the owner of each alarm site where
an alarm system is provided by the owner, except at nonresidential
sites, in which case a separate permit is required by the owner of
the establishment located on the site.
(b)
A
separate permit is required by the lessee of each alarm site where
an alarm system is provided by the lessee.
(c)
A
person required by this article to have an alarm permit commits an
offense if he operates, or causes or allows to be operated, an alarm
system:
(d)
No
exemptions shall apply except as required by federal or state law.
The burden of proof shall be with the person asserting the exemption.
(e)
No
fee shall be charged for an alarm permit issued pursuant to this article.
(2005 Code, sec. 5.3.01)
(a)
Application
for permits required by the provisions of this article shall be filed
with the chief on a form provided by the chief. If the applicant is
an individual, the application shall be subscribed and sworn to by
such person. If the applicant is an individual and does not reside,
operate any business or is not employed within the state, or in the
event the applicant is a firm or partnership and no owner or general
partner resides, operates a business or is employed within the state,
then the application must also be subscribed and sworn to by the individual
having authority and responsibility for the management and operations
of the alarm business within the state. If the applicant is a corporation,
the application shall be subscribed and sworn to by at least one principal
corporate officer. If the applicant is a corporation and none of its
principal corporate officers are responsible for the management and
operations of the alarm business within the state, the application
shall also be subscribed and sworn to by the individual having the
authority and responsibility for the management and operation of the
alarm business within the state.
(b)
If
the applicant is a corporation, the application shall specify the
date and place of its incorporation, the location of the applicant’s
principal place of business, a list of the principal corporate officers
and the business address, residence address and the office or position
held by each principal corporate officer.
(c)
If
the applicant is a partnership, the application shall specify the
location of the applicant’s principal place of business and
the names, business addresses and residence addresses of each partner.
(d)
The
application shall include at least the following information for each
individual required to subscribe and swear to it:
(1)
The individual’s full name, business address and residence
address;
(2)
The individual’s residence and business telephone numbers;
(3)
The individual’s date and place of birth; and
(4)
The business and residence addresses and telephone numbers of the person designated to respond to an alarm as required by section 4.05.081(1) hereof.
(e)
Any
individual signing a license application must be at least 18 years
of age.
(f)
The
application shall state the address site for the location of the alarm
system and whether it is a single-family residence, multifamily residence,
or commercial business site.
(2005 Code, sec. 5.3.02)
Upon receipt of a completed application form, the chief shall
issue an alarm permit to an applicant unless the applicant:
(2)
Has
had an alarm permit for the alarm site revoked and the violation causing
the revocation has not been corrected;
(3)
Has
made a false statement of a material matter;
(4)
Has committed any act which, if committed by a licensee, would be grounds for the revocation of a license under section 4.05.048; or
(5)
While
unlicensed, knowingly and willfully committed, or aided and abetted
in commission, of any act for which a license is required by this
article.
(2005 Code, sec. 5.3.03)
An alarm permit cannot be transferred to another person. A permit
holder shall inform the chief of any change that alters any information
listed on the permit application within two business days. No fee
will be assessed for such changes.
(2005 Code, sec. 5.3.04)
All service fees and permit fees owed by an applicant must be
paid before a permit may be issued or renewed.
(2005 Code, sec. 5.3.05)
A permit is issued for an indefinite period of time, subject
to revocation as provided in this division.
(2005 Code, sec. 5.3.06)
A denial shall be for any period of time up to six months in
the discretion of the chief of police based on the severity of the
violation.
(2005 Code, sec. 5.3.07)
(a)
The
chief shall revoke an alarm permit if he determines that:
(b)
A
person commits an offense if he operates an alarm system during the
period in which his alarm permit is revoked.
(2005 Code, sec. 5.3.30)
(a)
If
the chief refuses to issue or renew a permit, or revokes a permit,
he shall send to the applicant or permit holder by certified mail,
return receipt requested, written notice of this action and a statement
of the right to an appeal. The applicant or permit holder may appeal
the decision of the chief to the mayor by filing with the mayor a
written request for a hearing, setting forth the reasons for the appeal,
within ten (10) days after receipt of the notice from the chief. The
filing of a request for an appeal hearing with the city secretary
stays an action of the chief in revoking a permit until the mayor
or his designated representative makes a final decision. If a request
for an appeal hearing is not made within the ten (10) day period,
the action of the chief is final.
(b)
The
mayor or his representative shall serve as hearing officer at an appeal
and consider evidence by the interested person. The formal rules of
evidence do not apply at an appeal hearing. The hearing officer shall
make his decision on the basis of a preponderance of the evidence
presented at the hearing. The hearing officer must render a decision
within 30 days after the request for an appeal hearing is filed. The
hearing officer shall affirm, reverse, or modify the action of the
chief. The decision of the hearing officer is final as to administrative
remedies with the city.
(2005 Code, sec. 5.3.31)
A revocation shall be for any period of time up to six months
in the discretion of the chief of police based on the severity of
the violation.
(2005 Code, sec. 5.3.32)
