Chapter 5.15
ALARM BUSINESS
Sections:
Article I. Generally
5.15.010 Definitions.
Article II. License
5.15.020 License required.
5.15.030 Certifications – Persons engaged in installation or repair of alarm systems.
5.15.040 License application – Form and content.
5.15.050 License fee.
5.15.060 Investigation of application – Issuance of license – Posting license – License nontransferable – Term – Renewal.
5.15.070 Required operational practices.
5.15.080 Revocation or suspension of license.
5.15.090 Confidentiality of information.
5.15.100 Rules and regulations.
5.15.110 Penalty.
Article I. Generally
5.15.010 Definitions.
As used in this chapter, the following words shall have the following meanings:
“Adequate insurance” shall mean insurance covering the alarm business and its agents and employees with coverage limits that meet or exceed the limits set forth in TMC 5.90.150.
“Alarm business” means any business operated by a person who engages in the activity of selling, providing, altering, installing, leasing, maintaining, repairing, replacing, moving, or servicing an alarm system or which causes any of these activities to take place. Such term shall also include alarm servicing companies who engage in the activity of monitoring alarm systems.
“Alarm system” means an assembly of equipment or devices or a single device arranged to signal the presence of a hazard requiring urgent attention and to which law enforcement, fire or emergency medical personnel are expected to respond; provided, however, that this term includes externally audible and/or visual on-premises alarm systems but does not include smoke detectors and other alarms designated to merely give internal on-premises notification of an alarm condition.
“Chief of police” means the chief of police of the city or a designated representative.
“City” means the city of Topeka, Kansas.
“Conviction” shall mean a guilty finding or adjudication as a juvenile offender of a criminal offense prohibited by federal, state or local law, and shall include expunged convictions, diversions or deferred prosecutions.
“External audible and/or visual on-premises alarm system” means an alarm system designed to emit audible and/or visual signals at or on the premises upon which the alarm system is installed and which causes notification of such alarm system activation to be made to the Shawnee County consolidated emergency communications center.
“Monitor” means the person or business who shall be responsible for determining that an alarm system located within the city has been activated and who notifies the Shawnee County consolidated emergency communications center of the alarm activation.
“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
“User” means any person who has a functioning alarm system on premises under the person’s control. (Ord. 19370 § 21, 3-23-10. Code 1995 § 30-441.)
Article II. License
5.15.020 License required.
(a) It is unlawful for any person to engage in the operation of an alarm business within the city without having first obtained a license to operate such a business from the chief of police.
(b) It is unlawful for any person to engage in altering, installing, maintaining, repairing, replacing, moving, or servicing an alarm system within the city limits, or causing the same to take place without having been certified for the particular classification of system involved.
(c) Persons operating such alarm businesses or engaged in selling, providing, altering, installing, maintaining, repairing, replacing, moving, or servicing alarm systems on the effective date of this section shall make application for a license within 60 days of the effective date of this section and may continue to operate such businesses until their request for a license is finally acted upon. (Ord. 18181 § 3, 3-2-04. Code 1995 § 30-451.)
Cross References: Police department, TMC 2.25.230.
5.15.030 Certifications – Persons engaged in installation or repair of alarm systems.
(a) Persons engaged in altering, installing, maintaining, repairing, replacing, moving, or servicing alarm systems as a condition of obtaining a license, shall be certified by the National Burglar and Fire Alarm Association for the particular classification of the system involved.
(b) If an applicant is not yet certified at the time they apply for a license, the chief may issue a provisional license conditioned upon that person’s successful completion of certification requirements within one year of the date the provisional license is issued. Persons working with a provisional license shall work under the direct supervision of a certified person until the provisional licensee becomes certified. (Ord. 18181 § 4, 3-2-04. Code 1995 § 30-452.)
5.15.040 License application – Form and content.
(a) Any person or entity engaging in the alarm business in the city shall make application on a form provided therefor to the police chief. The application shall be verified, accompanied by the required application fee and contain as a minimum the following information:
(1) Date of application;
(2) Name, date of birth, address and telephone number of the application;
(3) A list of all felony convictions or misdemeanor convictions within the last 10 years involving theft or destruction of property of any person required to be named on the application;
(4) A statement that the applicant and all agents, representatives and employees of the applicant will at all times comply with all laws of the United States and state, ordinances of the city and resolutions of Shawnee County in the operation of the alarm business;
(5) A copy of such person’s certification as required by this article if such person is also engaged in the business of altering, installing, maintaining, repairing, replacing, moving, or servicing alarm systems, or a statement stating the person intends to become certified within the next year, in which case the chief may issue a provisional license; and
(6) Evidence of adequate insurance.
(b) Business license applications shall also include the following information:
(1) Name, address and telephone number of the business and type of business organization (individual, partnership or corporation). If an individual, the name, date of birth, race, sex, address and telephone number; if a partnership, the names, dates of birth, race, sex, addresses and telephone numbers of all partners; if a corporation, the names, dates of birth, race, sex, addresses and telephone numbers of the officers and the state of incorporation;
(2) If the business is located outside Shawnee County, the name, address and telephone number of the person responsible for repair and maintenance of the alarm systems located within Shawnee County; and
(3) A statement that service for the alarm systems leased or installed by the alarm business will be offered on a 24-hour, seven-day-a-week basis. (Ord. 18181 § 5, 3-2-04. Code 1995 § 30-453.)
Cross References: Police department, TMC 2.25.230.
5.15.050 License fee.
Each application for an alarm business license, whether new application, renewal, or as a result of revocation, shall be accompanied by the annual fee specified in TMC 5.10.190, which shall not be refundable. (Ord. 18181 § 6, 3-2-04. Code 1995 § 30-454.)
5.15.060 Investigation of application – Issuance of license – Posting license – License nontransferable – Term – Renewal.
(a) Upon receipt of an application for a license and payment of the required fee, the chief of police shall investigate the applicant and issue or deny the license or issue a temporary license within 15 business days. If the applicant is licensed by another government agency for the purposes of alarm monitoring and that government agency conducted a criminal background check of the applicant, the chief may accept the results of that background check without further investigation. If a temporary license is issued, the chief shall make a final decision to issue or deny the license within 60 days of the filing of the application. The license shall be issued if the application is satisfactorily completed, no owner, manager, partner, director or officer of the business has ever been convicted of a felony or a misdemeanor conviction within the last 10 years involving theft or destruction of property, the business has adequate insurance, and the chief finds the applicant’s character and reputation is satisfactory to handle the responsibilities of the license. The chief may deny the license for false statements on the application.
(b) Upon issuance, the license shall be displayed and available for inspection on the business premises of the licensee. Alarm installers shall carry their license with them while servicing or installing alarm systems.
(c) No license issued hereunder shall be transferable and any such licenses shall be issued for a period of 12 months from date of application. Renewal of such license shall be accomplished in the same manner as issuance of the initial license. (Ord. 18181 § 7, 3-2-04. Code 1995 § 30-455.)
Cross References: Police department, TMC 2.25.230.
5.15.070 Required operational practices.
Each alarm business licensed hereunder will conduct its operations in compliance with the following standards and practices:
(a) If an alarm system or any of its component parts operates at 50 or more volts, the installation must be in accordance with TMC Title 14.
(b) When an alarm business leases or installs an alarm system, it shall offer service either directly or through an agent for that alarm system on a 24-hour, seven-day-a-week basis for the purposes of repairing or servicing the system to correct any malfunctions that may occur. This information shall be provided in writing at the time of the lease or installation. The alarm business shall have a person responsible for repair and maintenance of alarm systems that are located within Shawnee County.
(c) When an alarm business leases or installs an alarm system, the alarm user shall be provided written instructions on how to operate the system and any user maintenance that may be required. These instructions shall be clear, concise and in language the alarm user can read and understand.
(d) When an alarm business leases or installs an alarm system for which the alarm user elects to have law enforcement personnel respond, it shall be the responsibility of the alarm business to:
(1) Provide the alarm user, at the time of lease or installation of the alarm system, a written copy of the city of Topeka’s false alarm penalties and procedures. The alarm user shall acknowledge the penalty procedures. The alarm business shall forward to the police chief a copy of these procedures signed by the alarm user acknowledging that such user understands how to operate the alarm system and the billing system for false alarms as set forth in Chapter 8.05 TMC, and any amendments thereto;
(2) An alarm monitoring company, at the time of an alarm, shall attempt to contact the user by telephone to verify that the alarm is valid; and
(3) An alarm monitoring company, when contacting the Shawnee County consolidated emergency communications center regarding an alarm, shall provide the alarm user’s name and address and type of alarm activation.
(e) The provisions of subsections (d)(2) and (3) of this section shall be applicable to alarm systems that are monitored by alarm businesses on the effective date of this chapter. (Ord. 18181 § 8, 3-2-04. Code 1995 § 30-456.)
Cross References: Police department, TMC 2.25.230.
5.15.080 Revocation or suspension of license.
(a) The police chief, after notice and a hearing, may revoke or suspend an alarm business license issued hereunder if, after investigation, the police chief determines that the licensee, or if the licensee is an organization, any of its officers, directors, partners, associates or employees, has:
(1) Made any false statement or given any false information in connection with an application for a license or a renewal or a reinstatement thereof;
(2) Violated any provision hereof;
(3) Committed any act which would be grounds for denial of an application for a license;
(4) Failed to report to the chief of police within five business days, any charge, arrest, judgment, conviction, sentencing or diversion for a criminal act set forth in this article that constitutes a reason for denial of a license.
(b) If the police chief revokes an alarm business license under the provisions of this section, the following procedure will apply:
(1) The police chief shall send to the licensee by certified mail, return receipt requested, written notice of the revocation, which shall include:
(i) Reason for revocation;
(ii) Effective time and date of revocation;
(iii) A statement regarding any action which may be taken so the license may be reinstated;
(iv) The date by which the licensee must surrender the license to the police chief; and
(v) A statement of the right to reconsideration of, and appeal from, the revocation and the procedure to be followed.
(2) The licensee may request reconsideration of the revocation by the police chief by filing a written request for a hearing within 10 days after receipt of the notice of revocation. The filing of the request for hearing shall stay the action of the police chief in revoking the license until the city manager makes a final decision.
(3) If a request for hearing is not made within the 10 days, the action of the police chief shall be final.
(4) The city manager shall serve as hearing officer on a reconsideration of a notice of revocation under this section and shall consider evidence presented by any interested person. The city manager shall make a decision on the basis of a preponderance of the credible evidence presented at the hearing, which shall be recorded.
(5) The city manager shall render a decision within 10 days of the hearing and that decision shall affirm, reverse or modify the action of the police chief. The city manager shall send to the licensee by certified mail, return receipt requested, written notice of the decision with a copy to the police chief. This written notice shall include:
(i) If the action of the police chief is affirmed: the reason for such and date by which the licensee must surrender the license to the police chief;
(ii) If the action of the police chief is reversed: the reason for the reversal;
(iii) If the action of the police chief is modified: the reason for the modification decision and the extent of the modification;
(iv) The right of the licensee to appeal the decision of the hearing officer to the governing body of the city.
(6) In the event a licensee desires to appeal the decision of the city manager to the governing body of the city, notice of such appeal shall be filed with the city clerk within 10 days of the issuance of the city manager’s opinion. Upon receipt of such notice, the city clerk shall notify the city manager who shall prepare the record of the hearing to include the transcript and exhibits and forward said record to the city clerk within 10 days. The governing body of the city shall review the record so presented and either affirm or reverse the action of the city manager. All such appeals to the governing body shall be on the record.
(c) If a license is revoked under this section, the licensee may be issued a new license if the reason for revocation is removed, the police chief is notified in writing of such removal, and the former licensee follows the procedure set forth herein for applying for an original license. (Ord. 19370 § 22, 3-23-10. Code 1995 § 30-457.)
Cross References: City council – mayor, Chapter 2.15 TMC; city clerk, TMC 2.25.110; police department, TMC 2.25.230.
5.15.090 Confidentiality of information.
All information submitted in compliance with this chapter shall be held in strictest confidence; shall be deemed a public record exempt from disclosure; and shall be kept so the contents thereof shall not be known except to persons responsible for administration and enforcement of this title. Nothing herein, however, shall prevent the use of such information for law enforcement purposes. (Ord. 18181 § 10, 3-2-04. Code 1995 § 30-458.)
Cross References: Police department, TMC 2.25.230.
5.15.100 Rules and regulations.
For the purpose of clarity and uniformity in the reporting of alarm conditions to the Shawnee County consolidated emergency communications center by central stations, and to aid administration of this chapter, the police chief shall establish such rules and regulations as he deems reasonably necessary. (Ord. 18181 § 11, 3-2-04. Code 1995 § 30-459.)
Cross References: Police department, TMC 2.25.230.
5.15.110 Penalty.
Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00. Each day any violation of this chapter continues shall constitute a separate offense. (Ord. 18181 § 12, 3-2-04. Code 1995 § 30-460.)