City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
[Ord. No. 1740-97 §1, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
For the purpose of this Chapter the following terms, phrases, words and their derivations shall have the meanings given herein.
ALARM SIGNAL
A detectable signal, audibly, visually or both, to which the Police Department responds to on an emergency basis, generated by an alarm system, indicating the commission of, or attempt to commit, a crime, presence of medical emergency or other emergency.
ALARM SYSTEM
Any single device or assembly of equipment designed to signal the occurrence of an illegal entry or other emergency activity requiring immediate attention and to which the Police Department responds.
ALARM USER
Any person in possession of any building, structure or facility or part thereof who purchases, leases, contracts for or otherwise obtains an alarm system.
AUTOMATIC DIAL PROTECTION DEVICE
An electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines a prerecorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a force or condition characteristic of an unauthorized intrusion or an emergency message indicating a need for emergency response.
CALENDAR YEAR
Each twelve (12) month period beginning on January first (1st) and ending on December thirty-first (31st). The starting date for new systems shall be the actual date an alarm information form is filed with the Chief of Police, or the date of the first (1st) false alarm reported by the system, whichever occurs first, and the ending date shall be December thirty-first (31st).
CHIEF OF POLICE
The Chief of Police of Smithville, Missouri, or his/her designated representative(s).
FALSE ALARM
An alarm signal eliciting a response by the Police Department when a situation requiring an immediate response does not in fact exist, such as when no breach of security has been attempted or committed, or no emergency exists.
An alarm will not be considered a false alarm if it is determined that the alarm was caused by:
1. 
A breach of security to the premises has been committed or attempted.
2. 
Natural or manmade catastrophe or an act of God. Such events include tornadoes, floods, earthquakes or other similarly violent conditions.
3. 
Vandalism causing physical damage to the premises.
4. 
Telephone line outage.
5. 
Attempted entry of a location causing visible, physical or other evidence of damage to the location.
6. 
Severe weather causing physical damage to the premises.
7. 
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 Smithville, Missouri Police Department has been notified of the test.
LOCAL ALARM SYSTEM
An alarm system which when activated causes an audible and/or visual signaling device to be activated only on the premises within which the system is installed and which is intended to be heard or seen by others outside of the protected premises.
SYSTEM(S)
Both local alarm systems and alarm systems.
[Ord. No. 1740-97 §2, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
A. 
Alarm Information Form Required. No person(s) shall use a local alarm system or alarm system after passage of this Chapter which is designed to elicit, either directly or indirectly, a Police Department response without first obtaining an alarm information form for each system from the Chief of Police.
B. 
Motor Vehicles Exempt. An alarm information form shall not be required to operate local alarm systems affixed to motor vehicles.
C. 
Existing Systems. All persons using a system installed prior to passage of this Chapter shall obtain an alarm information form from the Chief of Police authorizing the continued use of the system.
D. 
Application. The alarm information form shall include the following information:
1. 
Addresses. Common address at which the system is installed, not to include post office boxes.
2. 
Alarm user. Full name and address of the alarm user.
3. 
Property owner. Full name, street address and telephone number of the owner(s) of the property at which the system is installed.
4. 
Type of system. Description of the system, including whether it is equipped to cease emitting an audible alarm sound within fifteen (15) minutes of activation for property located within an area zoned residential or within five hundred (500) feet of an area zoned residential and within thirty (30) minutes of activation for property located within all other areas not zoned residential and not within five hundred (500) feet of an area zoned residential.
5. 
Installer. Full name and address of the firm installing (or who has already installed) the system.
6. 
Date. Date the system was installed.
7. 
Service. If the system is serviced or maintained by someone other than the alarm user, full name(s), address(es) and telephone number(s) of the person(s) servicing or maintaining the system.
8. 
Monitor. If the system is monitored by someone other than the alarm user, full name(s), address(es) and telephone number(s) of the person(s) monitoring the system.
9. 
Contact. Name, address and telephone number of a person to be contacted by the Smithville, Missouri Police Department in the event the alarm user is not available.
10. 
Additional information. Any other information required by the Chief of Police to facilitate compliance with this Chapter.
E. 
Transfer Of Possession. When the possession of the premises at which a system is maintained is transferred, the person obtaining possession of the property shall file an alarm information form within thirty (30) days of obtaining possession of the property.
F. 
Whenever the information provided on the alarm information form changes, the correct information shall be provided to the Chief of Police within thirty (30) days of the change.
[Ord. No. 1740-97 §3, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
A. 
Existing Systems. Any false alarms which have been reported by or caused to be reported by a system prior to enactment of this Chapter shall not be considered for any purpose.
B. 
New Systems. All new alarm systems used or installed after July 15, 1997, shall receive either a ninety (90) day grace period from the date of activation or six (6) false alarms, whichever occurs first, for the purpose of adjustments and corrections in the alarm system prior to any administrative fee or penalty as provided herein.
[Ord. No. 1740-97 §4, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
A. 
Residentially Zoned Property. Local alarm systems or alarm systems located within an area zoned residential or within five hundred (500) feet of an area zoned residential shall automatically discontinue emitting an audible sound within fifteen (15) minutes of activation. However, a system installed prior to the effective date of this Chapter which does not have the capability to automatically discontinue the audible alarm sound within fifteen (15) minutes of activation shall not be subject to the requirement of this Section.
B. 
Property Not Zoned Residential. Local alarm systems or alarm systems located within an area not zoned residential and not within five hundred (500) feet of an area zoned residential shall automatically discontinue emitting an audible sound within thirty (30) minutes of activation. However, a system installed prior to the effective date of this Chapter 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 the Section.
[Ord. No. 1740-97 §5, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
A. 
No automatic dial protection device shall be used to report or cause to be reported any recorded message directly to the Smithville, Missouri Police Department without the prior permission of the Chief of Police.
1. 
Exception. Direct dial systems in place as of July 15, 1997.
[Ord. No. 1740-97 §6, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
A. 
The Chief of Police shall, when requested by an alarm user, review the determination that an alarm was false. Such review may be done by the Chief of Police only if the alarm user requests such a review within fifteen (15) days of the mailing or other delivery of the notice of the false alarm determination. A request for a determination by the Chief of Police shall include at least the following information:
1. 
Alarm user name;
2. 
Address at which alarm is installed;
3. 
Date of alarm being contested;
4. 
Facts upon which the request for a review of determination is made.
[Ord. No. 1740-97 §7, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
A. 
Any alarm system which has recorded more than six (6) false alarms within a calendar year shall be subject to the following administrative fee:
1. 
Seven (7) through ten (10) false alarms: $25.00 each.
2. 
Eleven (11) through fifteen (15) false alarms: $50.00 each.
3. 
Sixteen (16) through twenty (20) false alarms: $75.00 each.
4. 
Twenty-one (21) and each subsequent false alarm: $100.00 each.
[Ord. No. 1740-97 §8, 7-15-1997; Ord. No. 2253-04 §1, 3-16-2004]
It shall be unlawful for any person to violate any provision of this Chapter or fail to pay an administrative fee when so required.
[Ord. No. 1740-97 §9, 7-15-1997; Ord. No. 1907-99 §1, 12-21-1999; Ord. No. 2253-04 §1, 3-16-2004]
Any person convicted of violating any provision of this Chapter shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.