[R.O. 2004 § 235.740; Ord. No. 09-09, 3-10-2009]
It shall be the responsibility of the landowners to notify the City of defects in the sidewalks and to prevent the obstruction or destruction thereof.
[Ord. No. 20-13, 6-25-2020]
A. 
Definitions. For the purpose of this Section, the following terms, phrases, words, and their derivations shall have the meaning given herein. Where not inconsistent with the text, words used in the present tense include the past tense, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ALARM BUSINESS
The business by any individual, partnership, corporation, governmental unit or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, monitoring, or installing any alarm system, or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, monitored or installed any alarm system in or on any building, structure or facility.
ALARM SYSTEM
An assembly of equipment and devices, or a single device, such as a solid state unit, which may operate from a power source, arranged to signal the presence of a hazard requiring urgent attention and to which police or fire personnel are expected to respond. Also known as a police alarm device or fire alarm device.
ALARM USER
Any person, firm or corporation who is lawfully in possession of any property or premises on which an operating alarm system is located.
ANSWERING SERVICE
A telephone answering business providing among its services the service of receiving on a continuous basis through trained employees, emergency signals from alarm systems, and thereafter immediately relaying the message by live voice to the communication center of the City's law enforcement agency.
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 any emergency message indicating a need for emergency response.
CENTRAL ALARM STATION
Any facility which is manned at all times by trained operators employed to receive, record, and validate alarm signals and to relay information about validated signals to the police radio dispatch room when appropriate.
CITY
The City of Weldon Spring, Missouri.
DIRECT ALARM DEVICE
Any alarm device or system which transmits by whatever means, its alarm signal from the location of the alarm to the police radio dispatch room or other police dispatch facility without the last step in the transmission process being a live voice capable of two-way communication. This definition includes automatic dial protection devices connected to emergency line 911 or other telephone numbers.
FALSE ALARM
Any alarm signal originating from an alarm system, police alarm device, fire alarm device, direct alarm device or audible alarm device to which police or fire department respond and which results from:
1. 
False activation, including, but not limited to, reporting a crime, fire or other emergency where no actual or attempted crime, fire or other emergency has occurred, or reporting an alarm where there is no evidence to substantiate a crime, fire or other emergency;
2. 
Alarm malfunction, including mechanical failure or electrical failure; or
3. 
Alarm triggered by subscriber's or subscriber's employee negligence, including overly sensitive settings.
An alarm will not be considered a false alarm if it is determined that the alarm was caused by:
1.
Natural catastrophe or an act of God. Such events include tornadoes, floods, earthquakes or other similarly violent conditions;
2.
Vandalism causing physical damage to the premises;
3.
Telephone line malfunction verified, in writing, to the City Clerk by an authorized telephone company representative within seven (7) days of the occurrence;
4.
Electrical service interruption verified, in writing, to the City Clerk by an authorized electric utility representative within seven (7) days of the occurrence;
5.
An attempted entry of a location that causes visible, physical, or other evidence of damage to the location;
6.
Severe weather causing physical damage to the premises; or
7.
The test of a local alarm system by a licensed alarm business agent or employee who is present at the premises and is 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 City has been notified prior to the test.
LOCAL ALARM SYSTEM
Any alarm device which produces an audible signal at the premises where it is installed, whether by means of bells, horns, sirens, or other mechanism thereby notifying persons within audible range of the signal that police or fire should be notified. Such alarm device may also produce a visual signal intended to be seen by others outside of the protected premises indicating that police or fire should be notified. A local alarm system is also an alarm system.
NOTICE
Written notice, given by personal service upon the address, or given by United States Mail, postage prepaid, addressed to the person to be notified at his or her last known address. 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.
PROPRIETARY SYSTEM
An alarm system sounding and/or recording and supervisor signals to a control center being under the supervision of the proprietor of the premises. If a proprietary system includes a signal line connected directly or by means of an automatic dial protection device to a police communications system, a central alarm station or answering service, it thereby becomes an alarm system as defined in this Section.
B. 
Local Alarm System And Alarm System/Length Of Alarm.
1. 
Local 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.
2. 
An alarm system which emits an intermittent signal shall discontinue emitting an audible sound within fifteen (15) minutes of activation.
3. 
Local 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.
C. 
Local Alarm System And Alarm System/Nuisance.
1. 
A local alarm system regulated by Subsection (B)(1) of this Section which fails to discontinue emitting an audible sound within fifteen (15) minutes of activation is declared to be a nuisance.
2. 
An alarm system regulated by Subsection (B)(2) of this Section which fails to discontinue emitting an audible sound within fifteen (15) minutes of activation is declared to be a nuisance.
3. 
A local alarm system regulated by Subsection (B)(3) of this Section which fails to discontinue emitting an audible sound within thirty (30) minutes of activation is declared to be a nuisance.
4. 
City employees are authorized to take necessary and reasonable steps to abate the nuisance declared by this Subsection. These steps shall be limited to the exterior of a residence or other structures.
5. 
A notice shall be sent to the alarm user within a reasonable time following abatement of the nuisance.
6. 
When a person is working on an alarm system covered by this Section, the City Clerk shall be notified.
7. 
This Section is remedial, not punitive.
D. 
Review Of False Alarm Determination.
1. 
The City Clerk shall make a determination as to whether an alarm activation was a false alarm, as defined in Subsection (A) of this Section. An alarm user shall be notified, in writing, of each false alarm determination.
E. 
Violations.
1. 
It shall be unlawful for any alarm user in the City to permit or allow the transmission of a false alarm, and a resident of the City who is an alarm user shall be subject to the penalties in Subdivision (3) of this Subsection. It shall be unlawful for any business, firm or corporation which is an alarm user located in the City to permit or allow the transmission of a false alarm, and such business, firm or corporation in the City shall be subject to the penalties in Subdivision (2) of this Subsection. It shall be unlawful for any alarm user to install or use an automatic dial protection device, in conjunction with said alarm, which is programmed to dial the "911" telephone number of the Department of Police for the City of Weldon Spring, Missouri. It shall be unlawful to access the number "911" for the purpose of making a false alarm or complaint or reporting false information which could result in the emergency response of any public agency.
2. 
Alarm Users in Commercial/Areas Not Zoned Residential.
a. 
First False Alarm: The City Clerk sends a warning letter to the business, firm, or corporation for the first false alarm in any calendar year.
b. 
Second False Alarm: The City Clerk sends a warning letter to the business, firm, or corporation for the second false alarm in any calendar year.
c. 
Third False Alarm: A business, firm, or corporation pleading or found guilty of having a third false alarms in any calendar year shall be punished by a fine of up to ($50.00), plus court costs.
d. 
Fourth False Alarm: A business, firm, or corporation pleading or found guilty of having fourth false alarms in any calendar year shall be punished by a fine of up to ($75.00), plus court costs.
e. 
Fifth False Alarm: A business, firm, or corporation pleading or found guilty of having a fifth or subsequent false alarm in any calendar year shall be punished by a fine of up to ($100.00), plus court costs.
f. 
In any prosecution for violation of this Subdivision (2) of this Subsection (E), the prosecuting attorney shall be required to submit evidence regarding the dates on which prior false alarm notices have been sent to the business, firm, or corporation, and whether a response to such notice was received. The Municipal Judge is authorized to include false alarm violations in a violation bureau to the extent permitted by Missouri Supreme Court Rules.
3. 
Alarm Users — Residential.
a. 
First False Alarm: The City Clerk sends a warning letter to the business, firm, or corporation for the first false alarm in any calendar year.
b. 
Second False Alarm: The City Clerk sends a warning letter to the business, firm, or corporation for the second false alarm in any calendar year.
c. 
Third False Alarm: A business, firm, or corporation pleading or found guilty of having a third false alarm in any calendar year shall be punished by a fine of up to ($50.00), plus court costs
d. 
Fourth False Alarm: An alarm user found guilty of having a fourth false alarm in any calendar month shall be punished by a fine of up to ($75.00), plus court costs.
e. 
Fifth False Alarm: An alarm user found guilty of having a fifth or subsequent false alarm in any calendar month shall be punished by a fine of up to ($100.00), plus court costs.
f. 
In any prosecution for violation of Subdivision (3) of this Subsection (E), the prosecuting attorney shall be required to submit competent evidence regarding the dates on which prior false alarm notices have been sent to the alarm user, and whether a response to such notice was received. The Municipal Judge is authorized to include false alarm violations in a violation bureau to the extent permitted by Missouri Supreme Court Rules.
4. 
Each violation of any provision of this Section shall constitute a separate violation.
5. 
When the alarm business has caused an alarm activation through mechanical failure, malfunction, improper installation, improper adjustment, negligence of a person, or an alarm signal transmitted in the absence of an alarm condition, the alarm business is guilty of a violation of this Section. The alarm business shall be punished subject to a fine if found guilty of up to one hundred dollars ($100.00), plus court costs for each violation.
[Ord. No. 21-05, 5-11-2021]
A. 
All commercial businesses, commercial property owners, or persons employed or under contract with said owners, within the City limits who are engaged in the removal of snow, ice, or other frozen precipitation shall not allow such snow, ice or other frozen precipitation to be deposited on the sidewalk, walking path, street, or anything for public use. Nor shall any person or persons engaged in the removal of snow or ice allow such snow, ice or other frozen precipitation to be deposited on or against any fire hydrant.
B. 
Any commercial business or commercial property owner who fails to comply with, or commits any violation of, any provision of this Section, whether said act is done by the owner or by persons employed or under contract with the property owner, shall be charged with an ordinance violation, which shall be punishable, upon conviction thereof, pursuant to Section 100.220, General Penalty, in the Weldon Spring Municipal Code. This fine shall be in addition to any other remedies prescribed in this Code or ordinances of the City or the laws of the State; and each day such failure to comply or such violation continues shall be deemed a separate offense.