[Ord. No. 1050 §12-101, 8-28-2002]
As used in this Chapter, the following words shall have these
prescribed meanings:
The business by any individual, partnership, corporation,
governmental unit or other entity for selling, leasing, maintaining,
servicing, repairing, altering, replacing, moving, monitoring or installing
any alarm system or causing to be sold, leased, maintained, serviced,
repaired, replaced, moved or installed any alarm system in, on or
around any building, structure or facility.
The individual(s) designated by the Mission Police Department
Chief of Police to oversee the administration and enforcement of the
provisions of this Chapter.
Any assembly of equipment, mechanical or electrical or both,
arranged to signal the occurrence of an illegal entry, fire, medical
emergency or other activity expected to urgently require or request
a Police, fire or other emergency response.
Any person, firm or corporation who is lawfully in possession
of any property or premises on which an operating alarm system is
located.
A telephone answering business providing, among its other
services, the service of receiving on a regular basis, through trained
employees, emergency signals from alarm systems and thereafter relaying
the message to a communications center.
An electronically operated instrument composed of sensory
apparatus and related hardware which send over regular telephone lines
a prerecorded voice alarm message upon receipt of a stimulus from
the alarm sensory apparatus that has detected a force or condition
characteristic of an unauthorized intrusion or any other emergency
message indicating a need for an emergency or other response.
A system or group of systems operated by a person, firm or
corporation in which the operations of electrical protection circuits
and devices are transmitted to, recorded in and supervised from a
central station having operators in attendance at all times.
The City of Mission.
The Johnson County, Kansas Sheriff's Communications Center
or the Johnson County Emergency Communications Center (for fire and
ambulance).
An alarm signal eliciting an urgent response by Police or
fire or other emergency responders when a situation requiring an urgent
response does not in fact exist. This does not include an alarm signal
caused by violent weather conditions or other weather-related conditions
or extraordinary circumstances not reasonably subject to the control
of the alarm business or alarm user.
An alarm system which when activated causes an audible and/or
visual signaling device to be activated and is intended to be heard
and/or seen by others outside of the protected premises and is not
monitored or controlled by a monitoring service.
A written notice, delivered by personal service or by United
States Postal Service, postage prepaid, addressed to the person to
be notified at his/her last known address, delivered to the addressee.
Service of such notice shall be effective upon completion of personal
service or upon placing the same in the custody of the United States
Postal Service.
The principal place of abode of any alarm user who has installed
or personally installs and operates an alarm system for the security
of that residence location.
The Chief of Police of the City of Mission, Kansas Police
Department or a person designated by the Chief of Police.
A telephone line leading into the communications center that
is for the purpose of handling emergency calls on a person-to-person
basis and which line is identified by a specific listing among the
emergency numbers in the telephone directory issued by the telephone
company provider or the directory of non-provider companies serving
the City.
A calendar year beginning on the first (1st) day of January
and ending on the thirty-first (31st) day of December at Midnight.
[Ord. No. 1050 §12-102, 8-28-2002]
Every person or entity under Section 650.030 required to obtain an alarm registration shall obtain an alarm user's registration application form from the Police Department Alarm Coordinator within thirty (30) days prior to the installation and use of the alarm system and after the effective date of this Chapter.
[Ord. No. 1050 §12-103, 8-28-2002]
No person, firm or corporation, either as principal officer,
agent, attendant or employee, shall possess or operate an alarm system
designated with the intent of eliciting a Police, fire or other emergency
response without first obtaining a registration for such alarm system
from the City. Provided the requirement of this Section is not applicable
to local alarm systems attached to motor vehicles.
[Ord. No. 1050 §12-104, 8-28-2002]
The Police Department Alarm Coordinator shall keep records in
which shall be entered the names, addresses and telephone numbers
of each and every person or firm issued an alarm registration permit,
the name, address and telephone number of a primary and secondary
contact person and/or the address and telephone number of the alarm
service provider, the amount paid therefor, and the issuance and expiration
date of the alarm registration.
[Ord. No. 1050 §12-105, 8-28-2002]
All alarm users shall renew their alarm registration(s) at the
beginning of every registration year.
[Ord. No. 1050 §12-106, 8-28-2002]
Alarm registrations are non-transferable and valid for a period
of one (1) registration year.
[Ord. No. 1050 §12-107, 8-28-2002]
The issuance date of the alarm registration and sticker shall be the actual date of issuance of the registration unless such alarm system has recorded a false alarm prior to the registration being obtained; in such event, the issuance date shall be the date of the first (1st) false alarm received. A fee for the alarm permit and alarm sticker is established in Section 103.050(H), Business and Occupational Fees.
[Ord. No. 1050 §12-108, 8-28-2002]
Each registration shall bear the signature of the Chief of Police
and shall be physically displayed in a prominent and readily visible
place within the premises using the alarm system. An alarm sticker
shall be furnished each registered alarm user. Display of the sticker
for a business or a residence shall be on the front, lower left corner
of the structure's front door or door glass.
[Ord. No. 1050 §12-109, 8-28-2002]
The alarm registration shall be available for inspection during
normal business hours or when the structure is occupied. The City
shall have the authority to determine the existence or validity of
an alarm registration. A City employee or Police Officer may perform
the on-site inspection of the alarm registration.
[Ord. No. 1050 §12-110, 8-28-2002]
A.Â
There
is hereby established the position of Police Department Alarm Coordinator.
The Alarm Coordinator shall:
1.Â
Maintain
necessary records to carry out the terms of this Chapter and may share
information with other City departments as needed. Alarm records shall
be maintained confidential.
2.Â
Make
the notifications to alarm users and issue citations for violations.
3.Â
Establish,
distribute and enforce such rules and regulations as may be necessary
for implementation of this Chapter and make this information available
upon request to alarm users. Such rules and regulations are incorporated
into this Chapter by reference.
[Ord. No. 1050 §12-111, 8-28-2002]
An alarm user that is a governmental political unit shall not
be subject to this Chapter, provided further, that such alarm user
shall not be subject to the imposition of any penalty as provided
herein. An alarm user which temporarily and in cooperation with the
Mission Police Department possesses, maintains or controls an alarm
system owned by the Police Department shall not be subject to this
Chapter, provided further, that such alarm user shall not be subject
to the imposition of any penalty as provided herein.
[Ord. No. 1050 §12-112, 8-28-2002]
A.Â
Whenever
a change occurs relating to the written information required by this
Chapter, the alarm user shall give written notice thereof to the Police
Department Alarm Coordinator within ten (10) days of such change.
B.Â
Alarm
users shall notify the appropriate communication center and/or monitoring
service prior to any service, test, repair, maintenance, adjustment,
alteration or installation of any alarm system that might activate
a false alarm. Upon the completion of such installation, the alarm
user shall notify the appropriate communication center of such work
completion. The communication center shall forward received alarm
information to the Police Department Alarm Coordinator.
C.Â
An alarm
business user, employee of a central station protective system or
employee of an answering service charged with the responsibility of
relaying a live voice request for response to an alarm activation
shall give the following information to the communications center
at the time of such request for response: address of the alarmed location,
type or nature of the alarm, type of alarm system that has been activated,
name of the commercial business or resident's name, specific location
of the alarm zone (when applicable), name of the alarm provider making
the request, and a telephone number where the alarm provider can be
contacted. Unless specifically requested, it is the sole responsibility
of the alarm provider and employee making the request to notify authorized
persons in control of such alarmed building, structure, facility or
residence that an alarm has been activated.
[Ord. No. 1050 §12-113, 8-28-2002]
A.Â
It shall
be unlawful for any alarm system to emit a sound or sounds similar
to that of an emergency vehicle siren or civil defense warning system.
Any alarm system in existence on the effective date of this Chapter
shall not be subject to this prohibition.
B.Â
Local
alarm systems, except those intended to elicit a Fire Department response
only, shall be equipped to automatically discontinue emitting an audible
sound within two (2) minutes of activation for personal residences
and within fifteen (15) minutes of activation for commercial buildings.
Any alarm system in existence on the effective date of this Chapter
shall not be subject to this prohibition.
C.Â
Unless
approved by the Chief of Police or the Police Department Alarm Coordinator,
it shall be unlawful for any automatic dial protection device within
the City to be keyed to the primary trunk line. The owner or leasee
of such device shall disconnect any such device in operation upon
the effective date of this Chapter.
D.Â
It shall be unlawful for any person, firm or corporation, either in principal officer, agent, service, attendant or employee who possesses or operates an alarm system, to have more than three (3) false activations in one (1) registration year. Provided, false alarms as allowed during the grace period defined in Section 650.140(D) shall not be counted in determining whether there has been a violation of this Chapter.
E.Â
It shall
be unlawful for any person, firm or corporation to not pay the assessed
fees or fines for exceeding the three (3) false alarm activation grace
period.
[Ord. No. 1050 §12-114, 8-28-2002]
A.Â
The Police Department Alarm Coordinator shall be responsible for determining which alarms received by the Police Department constitute false alarms as defined in Section 650.010. The Police Department Alarm Coordinator shall maintain a record of all false alarms.
B.Â
At the
time of the third (3rd) false alarm activation for any residential
or commercial property within any registration year, the Police Department
Alarm Coordinator shall give notice to the alarm user of such violation
of this Chapter. Failure to receive a notice shall not be deemed to
extend the terms or conditions of the registration or be a defense
to the fees set forth herein.
C.Â
Any alarm
user that has exceeded the number of permissible false alarms during
the registration year shall pay a fee and be responsible for the fee
payment as set forth in the fee schedule of this Chapter.
D.Â
A grace
period of three (3) false alarms or thirty (30) days from alarm system
installation activation shall be granted to residential and commercial
alarm users. Provided, the resident or commercial alarm user can furnish
to the Police Department Alarm Coordinator, upon request, that the
grace period alarm(s) were activated during correction, adjustment
or modification of the alarm system.
[Ord. No. 1050 §12-115, 8-28-2002]
A.Â
The payment of any fee provided in Section 650.160(A) and (C) of this Chapter shall be submitted to the Municipal Court Clerk within ten (10) days of receiving notice that such fee is due. The Chief of Police may waive all or part of such fees if the responsible party participates in an approved education program designed to reduce the occurrence of false alarms.
B.Â
Any alarm user who has been assessed a fee as provided in Section 650.160(C) of this Chapter may appeal such assessment to the Alarm Coordinator by filing a written declaration of appeal within ten (10) days of the receipt of the notice that such fee is due. The filing of such declaration shall stay the effect of such assessment until the Alarm Coordinator makes a final determination.
C.Â
Any alarm
user who has been assessed a fee and has appealed such fee to the
Police Department Alarm Coordinator and the appeal has been overturned
may request such appeal disallowance be heard in the Municipal Court
and shall have the right to request an appearance before the Municipal
Court and shall be issued a notice to appear in Municipal Court.
D.Â
Failure of an alarm user to satisfy the fee assessment as required in Section 650.160(A) or (C) or to appeal a fee assessment as provided in Section 650.160(C) shall create a prima facie case that the alarm(s) at issue are false alarms and that such alarm user is in violation of this Chapter.
E.Â
Nothing
contained in this Section shall prohibit prosecution in the Municipal
Court for violations of any Section(s) of this Chapter and the assessment
of any and all other penalties as provided herein or by law.
[Ord. No. 1050 §12-116, 8-28-2002]
A.Â
Violation
of any Section of this Chapter shall be punishable by a fine of not
more that five hundred dollars ($500.00) or imprisonment of a term
not to exceed six (6) months, or both such fine and imprisonment.
Any fine or term of imprisonment imposed by the court shall be in
addition to any and all fees that have been assessed against the alarm
user.
B.Â
Determination
of a responsible party shall be made by using the recorded name on
the alarm registration maintained by the Police Department Alarm Coordinator.
C.Â
Fees. The alarm ordinance allows for three (3) false alarms per calendar year (January first (1st) through December thirty-first (31st) before a fee is imposed. After the third (3rd) false alarm, the fees for residential and commercial are imposed as established in Section 103.050(I), Business and Occupational Fees.
