[R.O. 1992 § 202.010; Ord. No. 7190 § 1, 2-18-1992; Ord. No. 05-9745 §§ 1—2, 3-7-2005; Ord. No. 16-11513, 4-18-2016]
For the purpose of this Chapter,
the following terms, phrases and words shall have the meanings respectively
ascribed to them by this Section.
The following shall be considered actual alarms:
When an alarm is caused by an attempted
and unauthorized or illegal entry, of which there is visible evidence,
or when another emergency exists or has occurred; or a system has
activated either by manual means or automatically in response to smoke,
water flow or fire conditions.
When an alarm is intentionally caused
by a resident, or other person acting under a reasonable belief that
a need exists to solicit emergency response from emergency service
of the City of Washington, Missouri.
Any person employed by an alarm vendor whose duties include
the altering, installing, maintaining, removing, repairing, replacing,
selling, servicing or monitoring or causing others to respond to an
emergency alarm system.
Any person that leases, contracts for, buys or otherwise
obtains and operates an emergency alarm system for the purpose of
obtaining a response to the alarm from the Police or Fire Department,
and on whose premises an emergency alarm system is maintained, excluding
audible alarms on motor vehicles.
Any business operated by a person who engages in the activity
of altering, installing, leasing, maintaining, removing, repairing,
replacing, selling, or servicing an emergency alarm system, or which
causes any of these activities to take place.
The instrumentation of an alarms console at the receiving
terminal of a signal line which through visual and/or audible signals
shows when an alarm device at a particular location has been activated
or it may also indicate trouble conditions.
The Chief of the Washington Police Department or his/her
designated representative.
The City of Washington, Missouri.
The Director of the Washington Communications Division or
his/her designated representative.
An assembly of equipment and devices arranged to signal the
presence of a hazard requiring urgent attention of any emergency service.
Any activation of an emergency alarm system intentionally
or by inadvertence, negligence or unintentional act to which any City
Department responds, including activation caused by the malfunction
of the emergency alarm system.
The Chief of the Washington Fire Department or his/her designated
representative.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
When the protected premises is conducting testing of the
system or an alarm vendor is conducting testing on its behalf.
When the Chief of Police, Director of Communications, or
Fire Chief determines that an alarm has been caused by damage, testing
or repair of communication equipment, and is notified in writing and
copy forwarded to the City of Washington, Director of Communications.
[R.O. 1992 § 202.020; Ord. No. 7190 § 2, 2-18-1992; Ord. No. 05-9745 §§ 1—2, 3-7-2005; Ord. No. 16-11513, 4-18-2016]
A.
The alarm user shall furnish the Director
of Communications with the name and address and phone number of the
person designated by the applicant to receive notice issued under
this Chapter;
B.
The alarm user shall furnish the Director
of Communications with a current list containing three (3) names,
addresses and phone numbers of persons who have access to the emergency
alarm systems or can respond to an alarm immediately when deemed necessary
by a responding City department;
1.
Upon activation of an actual alarm,
the alarm user or his/her designate will be notified by a representative
of the Washington Communications Division and advised of the alarm
and the proper action to be taken.
2.
Upon activation of a fire alarm,
the alarm user or his/her designate shall be required to respond to
the protected premises or protected equipment to reset the fire alarm
system within one (1) hour response time.
3.
In the event normal service or testing
is being conducted on an emergency alarm system, it is the responsibility
of the alarm user to notify the alarm vendor, and the Washington Communications
Division, prior to and upon completion of service or testing. Failure
to do so will result in an automatic fine.
C.
Alarm User Rules and Regulations. The Director
of Communications may establish, promulgate and enforce reasonable
rules and regulations in order to administer and enforce the provisions
of this Chapter.
1.
Inspection Of Alarm System.
a.
Commercial alarm users under this
Chapter shall be required to have its emergency alarm system inspected
at least once a year by a qualified alarm professional. Certification
of the inspection and the completion of any necessary repairs shall
be maintained on the premises where the emergency alarm system is
maintained.
b.
The City and/or its designees shall
have the authority, at reasonable times and upon reasonable oral notice,
to enter any premises in the City or in or upon which emergency alarm
systems subject to this Chapter are located, to inspect the installation
and/or operation of such emergency alarm system.
c.
The City and/or its designees, upon
locating an emergency alarm system that is not operating as intended
during a response to an alarm, shall provide notice to the alarm user,
and the alarm user shall make the appropriate modifications.
2.
Alarm User–False Alarm Charge.
All false alarms to which any City department responds shall result
in the following to the alarm user:
a.
A warning for the first alarm in
any calendar year;
b.
A second false alarm in any calendar
year shall constitute an ordinance violation and be punishable by
a fine up to fifty dollars ($50.00);
c.
A third false alarm in any calendar
year shall constitute an ordinance violation and be punishable by
a fine up to seventy-five dollars ($75.00);
d.
A fourth or any subsequent false
alarm in any calendar year shall constitute an ordinance violation
and be punishable by a fine up to one hundred dollars ($100.00).
e.
If the responding agency determines
that an on-site employee of the alarm vendor and/or an employee of
the alarm user directly caused the false alarm in any calendar year
it shall constitute an ordinance violation and be punishable by a
fine up to one hundred dollars ($100.00) for every occurrence.
f.
Upon determination by the Director of Communications that a false alarm has occurred, the Director of Communications shall send a notice to the alarm user notifying the alarm user of the determination and directing payment within thirty (30) days of any fine that may be due, payable to the City Collector. The Director of Communications shall cancel any notice or service charge upon satisfactory proof by the alarm user that a particular alarm falls within Section 202.010, "actual alarm." Willful refusal to pay any such service charge within thirty (30) days of notice shall constitute a violation of this Chapter, but in any prosecution under this Subsection for violation of this provision, the alarm user shall have the burden of proof that the service charge was improperly imposed.
3.
Power To Investigate. For the purpose
of enforcing this Chapter, the Director of Communications shall have
the power to make an investigation and, to the extent necessary for
this purpose, he/she shall have the power to compel the production
of all relevant books, accounts, documents and other records of the
alarm user.
[R.O. 1992 § 202.030; Ord. No. 7190 § 3, 2-18-1992; Ord. No. 7518 § 1, 2-7-1994; Ord. No. 05-9745 §§ 1—2, 3-7-2005; Ord. No. 16-11513, 4-18-2016]
A.
No person, persons, corporation or partnership
shall engage or attempt to engage in the business of selling, leasing,
maintaining, servicing, repairing, altering, replacing, moving, or
installing emergency alarm systems in or on any building or premises
in the City of Washington without a current valid business license
issued pursuant to this Chapter.
1.
The alarm vendor will be required
to obtain a business license from the City Council of the City of
Washington, Missouri. Application for the business license shall be
signed by the authorized agent for the alarm vendor and, in addition
to the information prescribed by the Director of Communications, shall
contain these words:
"Undersigned applicant agrees that
the City of Washington, Missouri, 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 and at no expense to applicant."
2.
A person, persons, corporation, or
partnership applying for a license shall file a written verified application
with the Director of Communications, which application shall require
the following information:
a.
The name, address and telephone number
of the alarm vendor;
(1)
If an unincorporated
association, the names and addresses of the members of the association;
(2)
If a corporation, the
trade name, the names and addresses of the officers of the corporation,
and the name and address of the registered agent of the corporation;
(3)
If a sole proprietorship,
the name and address of the owner;
(4)
If a partnership, either
limited or otherwise, the names and addresses of all partners.
b.
The address of all offices of the
alarm vendor in Missouri.
c.
The names and addresses of any employee,
agent, corporate officer, partner or business associate whose position
with the alarm vendor gives him/her access to information in the installation
and use of emergency alarm systems for alarm users.
d.
Specifications of the emergency alarm
systems that are to be installed.
e.
A copy of instructions provided to
alarm users as follows:
(2)
Upon activation of a
trouble alarm, the alarm vendor will contact the alarm user and initiate
whatever steps it deems necessary to correct the situation. In the
event normal services or testing is being conducted on an emergency
alarm system, it is the responsibility of the alarm user to notify
the alarm vendor and the Washington Communications Division prior
to and upon completion of service or testing.
3.
Automatic dialing devices are prohibited.
4.
Alarm Alteration Disclosure. It shall
be unlawful for any person engaging in the alarm vendor business or
any alarm agent to adjust, alter, replace, fix or change any alarm
system or part thereof without written disclosure to the alarm user
and notice to the Director of Communications. Normal service calls
are excluded.
5.
Repair And Maintenance Service Required.
The alarm vendor shall make available repair and maintenance services,
including emergency services during non-business hours, to alarm users
for whom the alarm vendor has made installations. At the time of installation,
the installer 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.
6.
Disconnection Notice. If the alarm
user terminates service with an alarm vendor, or the alarm vendor
terminates services and protected premises monitoring required by
other ordinance, the Director of Communications shall be notified
of the alarm service interruption in writing.
7.
Power To Investigate. For the purpose
of enforcing this Chapter, the Director of Communications shall have
the power to make an investigation, and to the extent necessary for
this purpose, 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.
