755.04 ALARM BUSINESS LICENSE; FEE.

   (a)   Any individual, partnership, corporation or other entity engaging in an alarm business within the City, defined as having accounts with alarms or alarm monitoring at addresses located within said City, shall apply to the Safety-Service Director's Designee for the City, for a license to operate.

   (b)   The application for an alarm business license shall be on a form to be furnished by the alarm license section and signed by the individual proprietor of such business, by a partner or by the corporate official, as is appropriate for the form of the business seeking the license, and shall include:

      (1)    The name, address and telephone number of the alarm business, and the type of business entity it is (individual, partnership or corporate). The name, address and telephone number of the individual proprietor, partners or directors and principal officers, depending on the nature of the entity applying.

      (2)   A description of the alarm systems and devices offered for sale and lease to the public and a description of any services related to alarm devices offered to the public.

            (3)    A list of all felony convictions of individual proprietors, partners, directors and principal officers of the applicant business. The date and location of each conviction shall also be included.

            (4)    A statement as to whether the applicant has ever been denied a license or permit in any jurisdiction to engage in the alarm business, or has had such license or permit revoked.

            (5)    A statement as to the length of time the applicant has been engaged in the alarm business, and where engaged.

   (c)   License applications shall be accompanied by a nonrefundable fee of two hundred dollars ($200.00) to cover the costs to the City, of processing the applications as described herein.

   (d)   The Safety-Service's Director's Designee shall review each application for a license and may conduct an investigation to determine whether the facts set forth in the application are true. He shall, within sixty (60) days after receipt of an application for such license, either approve or deny issuance of same and, accordingly, forward notification to the applicant of the decision. A written notification of denial shall include the basis for such finding and if the grounds for denial are subject to correction, the applicant shall be given thirty (30) days after receipt of such notice within which to make the required correction.

      (1)    The Safety-Service Director's Designee shall deny the application for an alarm business license if he finds that applicant business fails to meet the experience requirement set forth in subsection (e) hereof.

            (2)    The Safety-Service Director's Designee may deny the application for an alarm business license if he finds that the applicant, or the individual having the authority and the responsibility for the management and operation of the applicant's alarm business within the City or the individual upon whom the applicant relies to comply with this chapter, or any of the applicants, owners, partners or principal corporate officers have:

                  A.    Committed any act which if committed by a licensee would be grounds for revocation of a license under subsection (g) hereof; or

                  B.    While unlicensed, knowingly and willfully committed or aided and abetted in the commission of any act for which a license is required by this chapter; or

                  C.    Been convicted in any jurisdiction of a felony, if the Safety-Service Director's Designee finds that such conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business.

   (e)   Every alarm business shall meet the following experience requirement of this subsection before it may engage in the alarm business:

            (1)    At least one individual, who is an owner, officer, partner or employee of the applicant shall establish that he was engaged in, or employed by, an alarm business, in sales, service or installation; or equivalent, for an aggregate period of two (2) years prior to filing this application. Such individual shall file with the Safety-Service Director's Designee sworn statements of such experience by at least two (2) citizens of the community or communities in which such individual was so engaged or employed. The individual whom the applicant relies upon to comply with this paragraph shall be a person who devotes a substantial portion of their time to engaging in and/or supervising the sale, installation or servicing of alarm systems on behalf of the applicant.

            (2)    For the purpose of the two year experience requirement of subsection (e)(1) above, employment by, or engagement in an alarm business in one or more communities within the State may be aggregated.

            (3)    In the event that the individual upon whom the applicant relies to comply with subsection (e)(1) above shall within a period of three (3) years after such compliance or qualification, for any reason cease to perform their duties on a regular basis, the alarm business shall promptly notify the Safety-Service Director's Designee by certified or registered mail, and shall obtain, as promptly as possible, a substitute eligible individual acceptable to the Safety-Service Director's Designee. If the alarm business fails to obtain such substitute eligible individual within six (6) months from and after the disqualification of such individual, the Safety-Service Director's Designee may revoke the alarm business license, or may, at his discretion, extend for a reasonable period of time, the period for obtaining a substitute qualified individual; or, such Safety-Service Director's Designee may determine, based upon experience and performance of the alarm business, that the alarm business need not obtain such substitute qualified individual.

   (f)   No license issued pursuant to the provisions of this chapter shall be assigned or transferred either by operation of law or otherwise.

   (g)   Renewal of License. Application for renewal of an alarm business license shall be made every year within thirty (30) days before the expiration date of the last day of February, and shall be accompanied by a non-refundable fee of one hundred dollars ($100.00). Applicants for renewal may continue to do business while the renewal application is being processed. The application for renewal of an alarm business license shall be on a form to be furnished by the Alarm Ordinance Administration and signed by the individual proprietor of such business, or by a partner or by the corporate official, as is appropriate for the form of the business seeking the license, and shall include an update of the information provided in the initial application.

            (1)    The Safety-Service Director's Designee shall deny the application for renewal of an alarm business license if he finds that applicant business fails to meet the experience requirement set forth in subsection (f) hereof.

            (2)    An application for an alarm business renewal may not be renewed by the Safety-Service Director's Designee in the manner hereinafter set forth if the licensee, or any of its owners, partners, principal corporate officers, or the individual having the authority and the responsibility for the management and operation of the alarm business within the City are:

                  A.   Found to have violated any of the provisions of this chapter.

                  B.    Found to have knowingly and willfully given any false information of a material nature in connection with an application for a license or a renewal or reinstatement of a license or in a notice of transfer of an alarm business license under this chapter.

                  C.    Found to have been convicted, in any jurisdiction, of a felony, if the Safety-Service Director's Designee determines that such conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business; or

                  D.    Found to have committed any act while the license was not in effect which would be cause for the revocation of a license, or grounds for the denial of an application for a license.

(h)    Failure to Renew Alarm Dealer License. All Alarm Businesses licensed in accordance with the terms of Section 755.04 shall have their license renewed for each succeeding year prior to the date of expiration, if applicable fee requirements and other requirements of the Codified Ordinances of Mansfield are met. Failure to renew an alarm dealer license prior to the date of expiration shall result in a late fee in the amount of twenty-five dollars ($25.00) per month and must be paid prior to the issuance of a valid alarm business license. A renewal may be denied if an alarm dealer's current license is revoked pursuant to the provisions of this Section.

      (1)   Failure to renew an alarm dealer license within sixty (60) days from the date of expiration may result in the Safety-Service Director's Designee revoking said license.

         (Ord. 21-146. Passed 9-7-21.)

755.05 ALARM USERS PERMIT.

   (a)   Every alarm user in the City of Mansfield shall apply to the Alarm Ordinance Administration for an alarm user permit for each system in use. Excluding those alarm systems being monitored by contract under the alarm business licensee or those local alarm systems as defined in Section 755.03( j).

   (b)   Applications for an alarm user permit are broken down into the three categories and all fees indicated in this subsection are due for application received during the period of March 1 to August 31 of any year. The alarm user's permit application shall include the following information:

   (c)   The alarm user's permit application shall include the following information:

      (1)    The name, address, zip code and telephone number of the protected business, home, etc.

      (2)    The name, address, zip code and telephone number of the alarm company, if any, which installed or maintains applicant's alarm system.

      (3)    In the case of a business entity, the names, addresses, zip codes and telephone numbers of three responsible employees of the business who can be contacted by the Public Safety Communications Center.

      (4)    Other information such as special hazards or instructions as required.

   (d)   All initial applications for alarm user permits submitted after September 1 of any year shall be accompanied by a non-refundable fee exactly one-half of the full initial application fee as indicated in subsection (b) hereof.

   (e)   Application for renewal of alarm user's permit shall be made each year within thirty (30) days immediately preceding the first of March of every year and shall be accompanied by a non-refundable fee of two hundred dollars ($200.00).

   (f)   An application fee will be charged in addition to the fee provided in subsection (d) above to an alarm user who is more than sixty (60) days delinquent in renewing a permit, which additional fee shall be equal to twenty-five percent (25%) of the appropriate category fee set forth in subsection (b) above.

   (g)   A User's permit may be revoked for non-payment of fees pursuant to Section 755.13 . (Ord. 21-146. Passed 9-7-21.)

755.06 SPECIFIC ALARM PROVISIONS.

   (a)   After the effective date of this section no person shall use, or cause to be used, any telephone, communication device, or attachment that automatically uses the public telephone system to connect with the Public Safety Communications Center and then reproduces any pre-recorded messages to report alarm activation. Also known as an Automatic Dialing Alarm. Alarm Users that have Automatic Dialing Devices prior to the effective date of this ordinance may continue using Automatic Dialing Devices until such time as the Automatic Dialing System needs to be replaced.

   (b)    Automatic dialing devices interconnected to the Police/Fire special trunkline shall be restricted to messages not exceeding fifteen seconds in duration. Contents in the message shall first state: "This is a recording". The balance of the message shall be appropriate to the purpose for which the alarm is installed. Each device shall be programmed to first dial the Public Safety Communications Center using the unlisted numbers assigned for that purpose. The device may next dial a number selected by the alarm user for which a person having a key to the alarm location can be advised of a problem.

      Alarm users will be given a code number for each alarm location to be used when calling either the Police or Fire Divisions to clear any accidental or malfunctioning alarm. This code number is the only way an alarm can be cleared from an emergency situation.

   (c)   All local intrusion type alarms will reset themselves within fifteen (15) minutes.

   (d)   Provisions outlined in subsections (a) and (b) hereof are in addition to those provisions in Sections 755.04 and 755.05 , which are applicable to all alarm users, alarm businesses and alarm systems.

   (e)   All political subdivisions shall be required to comply with all sections of this chapter except they shall be exempt from paying any initial or renewal permit fees.

(Ord. 21-146. Passed 9-7-21.)

755.07 INTERPRETATION.

   This chapter shall be liberally construed to effect the purpose of the sections included herein and to achieve uniform interpretation of the respective sections.

(Ord. 04-269. Passed 12-21-04.)

755.08 EQUIPMENT REGULATIONS.

   (a)    Each alarm system supplier that sells or leases an automatic protection system which is installed on any premises in the City, shall furnish instructions as to the operation of the system, along with maintenance and how to obtain service on the system.

   (b)    All components comprising such systems must be maintained by the users or lessee in good repair to assure reliability of operation.

(Ord. 04-269. Passed 12-21-04.)

755.09 LIABILITY OF CITY.

   The issuance of any permit or permits in conjunction with this chapter shall not constitute acceptance by the City of any liability to maintain any equipment, to answer alarms or for anything in connection therewith.

(Ord. 04-269. Passed 12-21-04.)

755.10 APPEAL OF DECISIONS.

     (a)    Any decision of the Safety-Service Director's Designee that adversely affects a user or licensee or applicant for an alarm user permit or an alarm business licensee may be appealed to the Safety-Service Director provided a written request for a hearing on the appeal is filed within ten (10) days of notification of the Safety-Service Director's Designee's decision.

   (b)   If a hearing is requested, written notice of the time and place of the hearing shall be served on the appellant by the Safety-Service Director's Designee by certified mail at least ten (10) days prior to the date set for the hearing.

(Ord. 21-146. Passed 9-7-21.)