[Ord. No. 26, § 2, 6-1-1988]
This chapter shall be known and cited as the "Alarm Systems Code."
[Ord. No. 26, § 3, 6-1-1988]
The provisions of this chapter shall apply to the area within the City limits of Chesterfield.
[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 duly authorized agents.
- The Department of Police 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.
- The Director of Licenses of St. Louis County, Missouri, for those licenses issued prior to this chapter and includes his 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 cancelling the alarm by giving proper information, prior to the arrival of the Department at the source of the alarm.
- 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.
[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.
[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.
[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.
[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 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.
[Ord. No. 26, § 15, 6-1-1988; Ord. No. 436, § 1, 4-2-1990; Ord. No. 1795, § 1, 10-15-2001]
All false alarms to which the Department responds shall result in the following fines being assessed:
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.
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 3-3.
[Ord. No. 26, § 16, 6-1-1988]
No person shall install or use an automatic dialing device which is programmed to dial the Department's telephone number.
Within ninety (90) days from the effective date of this chapter all automatic dialing devices programmed to dial Department's telephone number shall be re-programmed 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 alarm system reprogrammed within the ninety-day period.
[Ord. No. 26, § 17, 6-1-1988]
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.
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. 1986].
[Ord. No. 26, § 18, 6-1-1988]
An "audible alarm" is an alarm equipped with an exterior sound-producing device such as a gong, buzzer, siren, bell or horn.
No person shall install or use an audible alarm without a thirty-minute timer.
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.
[Ord. No. 26, § 19, 6-1-1988]
Any person who violates or causes a violation of any provision of this chapter shall be punishable, upon conviction, by imprisonment for not more than six (6) months or by a fine of not more than five hundred dollars ($500.00) or by both such fine and imprisonment and each day such violation continues shall be deemed a separate offense.
The City Attorney may bring an action in the name of City Council to restrain or prevent a violation of any provision of this chapter or any continuance of any such violation.
[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.
[Ord. No. 26, § 5, 6-1-1988]
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.
No license shall be required of a person who sells alarm systems at his 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.
[Ord. No. 26, § 6, 6-1-1988]
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:
The name, address and telephone number of the applicant.
The business or trade name, address and telephone number of the applicant:
The address of all offices of the alarm business within the City limits of Chesterfield.
The names and addresses of any employee, agent, corporate officer, partner or business associate whose position in the alarm business gives him or her access to information in the installation and use of alarm systems for alarm users.
Specifications of the alarm systems to be dealt in.
A copy of the instructions provided alarm users.
A statement of repair and maintenance service to be made available to applicant's customers.
Name and address of the person designated by the applicant to receive notice issued under this chapter.
Signature of the applicant.
A person applying for a renewal of a license shall file his application not less than ten (10) days before his license expires.
Upon the filing of a license application, the Director shall conduct an investigation to determine whether the following requirements are satisfied:
That the information contained in the license application is true.
That 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 year immediately preceding the date the license application is filed or does not have a license that is currently suspended.
That neither the applicant nor any employee, agent, corporate officer, partner or business associate whose position in the alarm business gives him or her access to information in the installation and use of alarm systems for alarm users, has been convicted of the following:
That 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.
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.
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 right to a hearing if requested by the applicant within ten (10) days after receipt of the notice.
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:
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.
If an applicant's license has been suspended or revoked.
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 1986], or had a license revoked within one 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.
[Ord. No. 26, § 7, 6-1-1988]
[Ord. No. 26, § 10, 6-1-1988]
A license issued under this chapter shall not be assigned or transferred.
A licensee shall notify the Director of the following information within ten (10) days:
Change of control and ownership or management of the alarm business;
Change in address or a new address of the alarm business;
Change of trade name of the alarm business;
Names of new employees, agents, corporate officers, partners or business associates;
Any change in the repair and maintenance services available by or through the licensee's alarm business.
[Ord. No. 26, § 12, 6-1-1988]
The Director shall have the power to suspend a license for new installations, sales, leases or replacements of alarm systems for any one or more of the following reasons:
Failure to comply with any reasonable rule or regulation of the Director;
Suspension of a license may be for up to thirty (30) days.
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.
The Director shall revoke a license for any one or more of the following reasons:
Conviction of the licensee of any of the offenses listed in Section 3-22(c)(3), 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 or her access to information in the installation and use of alarm systems for alarm users.
Suspension of a license more than twice in any twelve-month period.
[Ord. No. 26, § 14, 6-1-1988]
No license shall be suspended or revoked until a licensee has been afforded an opportunity for hearing before the Director.
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.
A licensee shall be heard in his defense either in person or by counsel and may produce witnesses to testify in his behalf. A record of the hearing shall be made. The Director shall make a report of his 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.