COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970277, AS
AMENDED
Amending Chapter 50, Code of Ordinances of the City of
Kansas City, Missouri, by repealing Sections 50-331 through 50-338, inclusive,
and enacting in lieu thereof new Sections 50-331 through 50-350, said sections
to be of like subject matter to provide for regulation of security alarms.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 50, Code of Ordinances of
the City of Kansas City, Missouri, is hereby amended by repealing Sections
50-331 through 50-338, inclusive, and enacting in lieu thereof new Sections
50-331 through 50-350, said sections to read as follows:
Sec. 50-331. Purpose.
(a) The purpose of this ordinance is to encourage
alarm users and alarm businesses to maintain the operational reliability and
properly use alarm systems and to reduce or eliminate false alarm dispatch
requests.
(b) This ordinance governs systems intended to
summon police response, requires permits, establishes fees, provides for fees
for violations, establishes a system of administration, and sets conditions for
suspension or loss of permits.
Sec. 50-332. Definitions.
(a) Alarm administrator means a person or persons
designated by the Board of Police Commissioners of Kansas City, Missouri (BOPC)
to administer, control and review alarm applications, permits and alarm
dispatch requests.
(b) Alarm agent means any person who is employed by
an alarm business either directly or indirectly, whose duties include any of
the following: selling, maintaining, testing, servicing, repairing, altering,
replacing, moving or installing in any building, structure or facility any
alarm system, excluding any person who installs an alarm system in a home
wherein that person personally resides.
(c) Alarm Business means the business, by an
individual, partnership, corporation or other entity of selling, leasing,
maintaining, servicing, repairing, altering, replacing, moving, installing or
monitoring an alarm system in an alarm site.
(d) Alarm dispatch request means a notification to
the police by the alarm business that an alarm, either manual or automatic, has
been activated at a particular alarm site.
(e) Alarm Review Board shall consist of the members
of the Board of Police Commissioners of Kansas City, Missouri, as established
by Section 84.350, et seq., of the Revised Statutes of Missouri, or their
designee or designees.
(f) Alarm site means a single premises or location
served by an alarm system or systems. Each tenancy, if served by a separate
alarm system in a multi-tenant building or complex, shall be considered a
separate alarm site.
(g) Alarm system means any assembly of equipment,
mechanical or electrical, device or series of devices, including, but not
limited to, systems interconnected with wire or radio frequency signals, which
are designed to discourage crime, by emitting or transmitting a remote or local
audible, visual or electronic signal indicating an alarm condition. Alarm
system does not include:
(1) an alarm installed on a vehicle unless the
vehicle is permanently located at a site; or
(2) an alarm designed to alert only the inhabitants
of a premises that does not have a sounding device which can be heard
on the exterior of the alarm site.
(h) Alarm user means any person, firm, partnership,
corporation, association or other entity who (which) uses an alarm system at an
alarm site.
(i) Chief means the Chief of Police of the Kansas
City, Missouri Police Department or his authorized designee.
(j) Conversion means the transaction or process by
which one alarm business begins monitoring of an alarm system previously
monitored by another alarm business.
(k) False alarm means an alarm signal eliciting a
police response when a situation requiring an immediate response does not in
fact exist, such as when no breach of security has been attempted or committed.
An alarm will not be considered a false alarm if it is determined that the
alarm was caused by:
(1) Natural or manmade catastrophe, or an act of
God. Such events include tornadoes, floods, earthquakes or other
similar violent conditions.
(2) Vandalism causing physical damage to the
premises.
(3) Telephone line outage.
(4) Attempted entry of a location causing visible,
physical or other evidence of damage to the location which has caused
the alarm to sound.
(5) Severe weather causing physical damage to the
premises.
(6) 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.
(l) False alarm dispatch means an alarm dispatch
request to the Police Department, when the responding officer finds no evidence
of a criminal offense or attempted criminal offense after having completed an
investigation of the alarm site. An alarm dispatch request which is canceled
by the alarm business or the alarm user prior to the time the responding
officer reaches the alarm site shall not be considered a false alarm dispatch.
(m) False alarm user awareness class means a class
jointly sponsored, conducted and operated by the Kansas City, Missouri Police
Department and the alarm industry for the purpose of educating alarm users
about the problems created by false alarm dispatches and the responsible use of
their alarm system.
(n) Holdup alarm means a silent alarm signal
generated by the manual activation of a device intended to signal a robbery in
progress.
(o) Keypad means a device that allows control of
an alarm system by the manual entering of a coded sequence of number or
letters.
(p) Monitoring means the process by which an alarm
business receives signals from alarm systems and relays an alarm dispatch
request to the police for the purpose of summoning police response to the alarm
site.
(q) One plus duress alarm means the manual
activation of a silent alarm signal by entering at a keypad a code that adds
one to the last digit of the normal arm/disarm code (normal code = 1234 one
plus duress code = 1235).
(r) Person means an individual, corporation,
partnership, association, organization or similar entity.
(s) Takeover means the transaction or process by
which an alarm user takes over control of an existing alarm system which was
previously controlled by another alarm user.
(t) Verify means an attempt, by the alarm business,
or its representative, to contact the alarm site by telephonic or other
electronic means, whether or not actual contact with a person is made, before
requesting a police dispatch.
Sec. 50-333. Permit required; application; fee;
transferability; false statements.
(a) No alarm user shall operate, or cause to be
operated, an alarm system at its alarm site without a valid alarm permit issued
by the alarm administrator. A separate permit is required for each alarm site.
(b) The annual fee for an initial permit or permit
renewal for an alarm site and the fee for each false alarm shall be determined
and set by the Board of Police Commissioners of Kansas City, Missouri. No
refund of an initial permit or permit renewal fee will be made. The initial
annual permit fee must be submitted to the alarm administrator within fifteen
(15) days after the alarm installation or alarm takeover. The alarm
administrator has the authority to adjust the fees for those individuals on
public assistance. These would include individuals receiving: (1) Social
Security benefits; (2) Food Stamps; (3) Aid to Dependent Children; or (4)
Supplemental Security Income (SSI). No alarm system will be responded to by
the Police Department without a valid alarm permit number provided by the alarm
administrator at the time of application. Permit renewal fees in each
subsequent year shall be the annual fee plus any additional fee for the third and
every subsequent false alarm that occurred during the previous twelve (12)
months.
(c) Upon receipt of a completed application form
and the permit fee, the alarm administrator shall issue an alarm permit to an
applicant unless the applicant has:
(1) failed to pay a fee assessed under Section
50-345 or,
(2) had an alarm permit for the alarm site
suspended or revoked, and the violation causing the suspension or
revocation has not been corrected.
(d) Each permit application must include the
following information:
(1) the name, address, and telephone numbers of the
person who will be the permit holder and be responsible for the
proper maintenance and operation of the alarm system and
payment of fees assessed under this article;
(2) the classification of the alarm site as either
residential, commercial or apartment;
(3) for each alarm system located at the alarm
site, the purpose of the alarm system, i.e., burglary, holdup,
duress, or other;
(4) signed certification from the alarm user and
the alarm business stating:
(A) the date of installation, conversion or
takeover of the alarm system, whichever
is applicable;
(B) the name, address, and phone number of the
alarm business performing the
alarm system installation, conversion or
alarm system takeover and
responsible for providing repair service
to the alarm system;
(C) the name, address, and phone number of the
alarm business monitoring the
alarm system if different from the
installing alarm business;
(D) that a set of written operating
instructions for the alarm system, including
written guidelines on how to avoid false
alarms, have been left with the
applicant; and
(E) that the alarm business has trained the
applicant in proper use of the alarm
system, including instructions on how to
avoid false alarms.
(e) Any false statement of a material matter made
by an applicant for the purpose of obtaining an alarm permit shall be
sufficient cause for refusal to issue a permit.
(f) An alarm permit cannot be transferred to
another person. An alarm user shall inform the alarm administrator of any
change that alters any information listed on the permit application within five
business days.
(g) All fees owed by an applicant must be paid
before a permit may be issued or renewed.
(h) Information contained in permit applications
shall be held in confidence by all employees or representatives of the BOPC
with access to such information subject to the requirements of Chapter 610 of
the Revised Statutes of Missouri.
Sec. 50-334. Alarm systems in apartment complexes -
contracted for by individual tenant.
(a) If an alarm system installed by an individual
tenant in an apartment complex unit is monitored, the tenant must provide the
name of a representative of the apartment owner or property manager who can
grant access to the apartment to the alarm business which is providing the
monitoring service.
(b) A tenant of an apartment complex shall also
obtain an alarm permit from the alarm administrator before operating or causing
the operation of an alarm system in the tenant's residential unit. The annual
fee for this permit or the renewal of this permit shall be the same as the fee
for an alarm site.
(c) For purposes of enforcing this article against
an individual residential unit, the tenant is responsible for false alarm
dispatches emitted from the alarm system in the tenant's residential unit.
Sec. 50-335. Alarm systems in apartment complexes -
furnished by the apartment complex as an amenity.
(a) If the owner or property manager of an
apartment complex, consisting of more than six (6) units, provides alarm
systems in the units as an amenity, the owner or property manager of the
apartment complex shall obtain a master alarm permit from the alarm
administrator. The annual fee for this permit and for each renewal of this
permit shall be determined and set by the Board of Police Commissioners of Kansas
City, Missouri. All units, whether occupied or not, shall be included in
calculating the required fee.
(b) For purposes of assessing fees and enforcing
this article, the master alarm permit holder is responsible for payment of fees
for false alarm dispatches emitted from the alarm systems in residential units.
(c) The owner or property manager of an apartment
complex shall obtain a separate alarm permit for any alarm system operated in a
non-residential area of the apartment complex, including, but not limited to,
common tenant areas and office, storage and equipment areas. An annual fee for
such a permit shall be the same as the fee for an alarm site.
Sec. 50-336. Permit duration and renewal.
A permit shall expire one year from the date of
issuance in accordance with a schedule established by the alarm administrator
and must be renewed annually by submitting an updated application and an
appropriate permit renewal fee to the alarm administrator. It is the responsibility
of the alarm user to submit an application prior to the permit expiration
date. Failure to renew will be classified as use of a non-permitted alarm
system and police response will be suspended until such time as the permit is
renewed and all applicable permit fees are paid. The alarm administrator will
notify the alarm user and the alarm business when an alarm permit is due for
renewal. Failure to be so notified shall not relieve the alarm user or alarm
business of the requirements to fully comply with the provisions of this
ordinance.
Sec. 50-337. Proper alarm systems operation and
maintenance.
(a) An alarm user shall:
(1) maintain the premises and the alarm system in a
manner that will minimize or eliminate false alarm dispatches, and
(2) make every reasonable effort to respond or
cause a representative to respond to the alarm system's location
within one hour when notified to deactivate a malfunctioning
alarm system, to provide access to the
premises, or to provide security for the
premises; and
(3) not manually activate an alarm for any reason
other than an occurrence of an event that the alarm system was
intended to report.
(b) An alarm user shall adjust the mechanism or
cause the mechanism to be adjusted so that an alarm signal audible on the
exterior of an alarm site will sound for no longer than fifteen (15) minutes
after being activated.
Sec. 50-338. Monitoring procedures.
(a) An alarm business performing monitoring
services shall:
(1) report alarm signals by using telephone numbers
designated by the alarm administrator;
(2) attempt to verify every alarm signal, except a
duress or hold up alarm activation, before requesting a police
response to an alarm signal;
(3) communicate alarm dispatch requests in a manner
and form established by the alarm administrator;
(4) communicate verified cancellations of alarm
dispatch requests in a manner and form established by the alarm
administrator.
(b) The alarm administrator shall:
(1) designate a manner, form and telephone numbers
for the communication of alarm dispatch requests;
(2) develop a procedure to accept verified
cancellation of alarm dispatch requests.
Sec. 50-339. Duties of alarm business.
(a) After January 1, 1998, alarm businesses shall
not program alarm systems so that they are capable of sending one plus duress
alarms. Alarm businesses may continue to report one plus duress alarms
received from alarm systems programmed with this feature prior to 1998.
However, after January 1, 1998, when performing a takeover or conversion an
alarm business must remove the one plus duress alarm capability from the alarm
system being taken over or converted.
(b) After January 1, 1998, alarm businesses shall
not install a device for activating a hold-up alarm which is a single action
non-recessed button.
(c) The alarm business shall contact the alarm
administrator in a manner designated by the alarm administrator; to obtain
alarm permit numbers to be recorded on the customers alarm permit application.
Sec. 50-340. Alarm system operating instructions.
An alarm user shall maintain at each alarm site a
set of written operating instructions for each alarm system.
Sec. 50-341. Alarm dispatch request records.
(a) The officer responding to an alarm dispatch
request shall record such information as necessary to permit the alarm
administrator to maintain records, including, but not limited, to the following
information:
(1) identification of the permit number for the
alarm site;
(2) identification of the alarm site;
(3) arrival time at the alarm site and dispatch
received time;
(4) date and time;
(5) weather conditions;
(6) area and/or sub-area of premises involved;
(7) name of alarm user's representative on
premises, if any;
(8) identification of the responsible alarm
business.
(b) the responding police officer shall indicate on
the dispatch record whether the dispatch was caused by a criminal offense, an
attempted criminal offense, or was a false alarm dispatch.
(c) In the case of an assumed false alarm dispatch,
the responding police officer shall leave notice at the alarm site that the
Police Department has responded to a false alarm dispatch. The notice shall
include the following information:
(1) the date and time of police response to the
false alarm dispatch;
(2) the identification number of the responding
police officer;
(3) a statement urging the alarm user to ensure
that the alarm system is properly operated, inspected, and served in
order to avoid fees; and
(4) information about the new fee schedule that
takes effect July 1, 1997.
(d) Alarm businesses which perform monitoring
services must maintain for a period of at least one year following request for
police dispatch to an alarm site, records relating to the dispatch. Records
must include the name, address and phone number of the alarm user, the alarm
system zone(s) or point(s) activated, the time of request for police dispatch
and evidence that an attempt to verify was made to the alarm site prior to the
request for police dispatch. The alarm administrator may have access to and
copies of such records for individually named alarm users.
Sec. 50-342. System performance reviews.
If there is reason to believe an alarm system is not
being used or maintained in a manner that ensures proper operation and
suppresses false alarms, the alarm administrator may require a conference with
an alarm user and the alarm business responsible for the repair of the alarm
system to review the circumstances of each false alarm.
Sec. 50-343. False alarm user awareness class.
The alarm administrator shall oversee the creation
and implementation of a false alarm user awareness class. The class shall
inform alarm users of the problems created by false alarm dispatches and teach
alarm users how to operate their alarm systems without generating false alarm
dispatches. The alarm administrator may require that alarm users must attend a
false alarm user awareness class after reaching two false alarm dispatches in a
calendar year. The alarm administrator shall set the class enrollment fee.
Sec. 50-344. Appeals.
(a) An alarm user may appeal assessment of a fee or
the suspension or revocation of a permit to the Alarm Review Board by filing a
written request for hearing setting forth the reasons for the appeal within ten
(10) days after being notified of the fee or other action. The filing of a
request for an appeal hearing with the Alarm Review Board stays the assessment
of the fee until the Alarm Review Board makes a final decision.
(b) The Alarm Review Board shall conduct a hearing
and consider the evidence of any interested person(s). The Board shall make
its decision on the basis of the preponderance of evidence presented at the
hearing including, but not limited to, evidence that a false alarm dispatch was
caused by a defective part that has been repaired or replaced or that an alarm
dispatch request was caused by a criminal offense. The Board must render a
decision within thirty (30) days after the appeal hearing is held. The Board
shall affirm, reverse or modify the assessment of the fee or the other action
taken. The decision of the Board is final subject only to the provisions of
Section 536.140 of the Revised Statutes of Missouri.
Sec. 50-345. Revocation, suspension or loss of
alarm permit.
(a) The alarm administrator may also suspend or
revoke an alarm permit if it is determined that:
(1) there is a false statement of a material
matter in the application for a permit;
(2) the alarm user has failed to make timely
payment of a fee assessed under this ordinance; or
(3) the alarm user or alarm business has failed in
any manner to comply with the terms of this ordinance.
(b) The Chief may refuse police response to an
alarm dispatch request at an alarm site for which the alarm permit is revoked.
(c) The Chief may prioritize alarm dispatch
requests and may temporarily refuse police response to an alarm dispatch
request at an alarm site where there is a valid permit based on other police
needs and demands in the City.
Sec. 50-346. Reinstatement of permit.
A person whose alarm permit has been revoked may be
issued a new permit if the person:
(1) submits an updated application and pays a
permit fee; and
(2) pays, or otherwise resolves, all matters and
fees pending; and
(3) submits a certification from an alarm business
stating that the alarm system has been inspected and repaired (if
necessary) by the alarm business.
Sec. 50-347. Use of fees.
All fees collected under this ordinance shall go to
the Board of Police Commissioners to be used in their discretion to off-set the
costs of administering this ordinance and to defray the costs involved by the
police in responding to false alarms. Said fees shall be in addition to other
funding required by Section 84.730 of the Revised Statutes of Missouri.
Sec. 50-348. Effective date.
All alarm users shall have permits required by this
ordinance within ninety (90) days of the effective date of the ordinance and
shall renew said permits as required by this ordinance in accordance with a
schedule established by the alarm administrator.
Sec. 50.347. Registration of alarm agents.
(a) Within 180 days of the effective date of this
ordinance, all alarm businesses shall issue to each alarm agent a valid
identification card issued by the private officers licensing section of the
Board of Police Commissioners of Kansas City, Missouri. Said identification
card shall establish that the alarm agent is licensed as a private security
guard as provided for under the provisions of Section 84.720 of the Revised
Statutes of Missouri. Each alarm agent shall meet the qualifications to be a
private security guard as those qualifications are from time to time
established by Title 17 of the Code of State Regulations as those regulations
apply to private security guards.
(b) Every alarm agent shall maintain his or her
identification card on his or her person while acting in the scope of his or
her employment and shall produce said identification card upon request of any
customer, prospective customer or lawful authority, including but not limited
to any Kansas City, Missouri police officer.
(c) In addition to the requirements for a license
as a private security guard, each alarm agent shall be required to have a NBFAA
Level I Certificate of Course Completion in the alarm agents name.
(d) The provisions of Section 50-349 of this
ordinance shall not apply to:
(1) Persons engaged solely in the manufacture or
sale of an alarm system or the components thereof from a fixed
location who do not install, maintain, service or plan
the alarm system for any location.
(2) Persons engaged in the repair of alarm systems
or components from a fixed location and who do not, either personally
or through an agent, visit the structure in which or
on which the alarm system is installed.
Sec. 50-350. Penalty.
Any person maintaining an alarm system in violation
of this ordinance, upon conviction, shall be punished by a fine of not more
than $100.00.
_______________________________________________________
Approved as to form and
legality:
__________________________________
Assistant City Attorney