For purposes of this article, the terms used will have the meanings set forth below. Words that are not defined will have their ordinarily accepted meanings unless defined elsewhere in the code.
Alarm notification.
A notification intended to summon the police and designed to be initiated:
(1) 
Intentionally by a person; or
(2) 
By an alarm system that responds to a stimulus characteristic of unauthorized intrusion.
Alarm site.
The property served by an alarm system and under control of a single owner, tenant or lessor.
Alarm system.
Electrical, mechanical, or electronic equipment that emits, transmits, or relays a signal intended to summon the police by direct or indirect means, except:
(1) 
An alarm system installed on a motor vehicle, unless the vehicle is permanently located at an alarm site;
(2) 
An alarm system designed to alert only the residents of premises not equipped with a local alarm;
(3) 
An alarm system installed on premises:
(A) 
Occupied by the United States government; or
(B) 
Owned and occupied by state government;
(4) 
An alarm system designed solely to detect or give notice of fire or smoke; or
(5) 
A communication device not designed solely to produce an alarm notification.
Alarm system business.
A person who sells, installs, services, monitors or responds to alarm systems or notifications.
False alarm notification.
An alarm notification to the police department resulting in a finding by the responding officer or a subsequent investigation that there is no evidence of actual or attempted unauthorized intrusion, robbery, attempted robbery, or other illegal activity.
Local alarm.
An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure.
Master alarm permit.
A permit issued to the owner or property manager of a residential apartment complex in which an alarm system operates in one or more individual residential units.
(2002 Code, sec. 4.601)
(a) 
A person commits an offense if the person operates, causes to be operated, or allows the operation of an alarm system:
(1) 
Without a permit issued under this article;
(2) 
In violation of this article; or
(3) 
That automatically dials the 911 emergency communications system.
(b) 
An offense under this article is a misdemeanor punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(c) 
Each day or portion of a day during which a violation occurs or continues constitutes a separate offense.
(d) 
In addition to a criminal penalty under this article, a person who operates, causes to be operated, or allows to be operated an alarm system without a valid permit shall be charged a fee for each police department response to the activation of an unpermitted alarm system.
(e) 
A person who makes a false statement on a permit application violates section 37.10 (tampering with governmental records) of the Texas Penal Code.
(2002 Code, sec. 4.614)
(a) 
The city manager, in consultation with the police chief, shall:
(1) 
Adopt policies and procedures to implement this article;
(2) 
Publish standards of operation for an alarm system; and
(3) 
Provide a copy of the standards to each permit holder.
(b) 
The police department shall respond to the activation of a permitted alarm system as prescribed by the policies and procedures adopted by the city manager, including the response priorities established for the police department.
(2002 Code, sec. 4.602)
(a) 
A permit issued under this article does not create a contract, either express or implied, or a duty or guarantee of response by the police department.
(b) 
The city retains immunity from liability and suit based on a decision by the police department not to respond to an activation of a permitted alarm system.
(2002 Code, sec. 4.603)
(a) 
A permittee:
(1) 
Must maintain the premises containing an alarm system to ensure the proper operation of the alarm system;
(2) 
Must maintain the alarm system to minimize false alarm notifications;
(3) 
Must, within one (1) hour of notification by the city that an alarm system requires repair or inactivation:
(A) 
Respond or cause an alarm system business representative to respond and repair or inactivate the malfunctioning alarm system;
(B) 
Provide access to the premises; or
(C) 
Provide security for the premises; and
(4) 
May not manually activate an alarm system except to report the occurrence of an event that the alarm system was designed to report.
(b) 
A permittee with a local alarm must adjust the mechanism to prevent an alarm signal from sounding for longer than fifteen (15) minutes after activation.
(c) 
A permittee must notify the police department in writing if the permittee relinquishes control of the alarm site or cancels the permit. If a permittee fails to provide the police department with the notice required by this section, the permittee must pay any fees associated with the permit.
(2002 Code, sec. 4.612)
(a) 
If an alarm system transmits more than six (6) false burglary alarm notifications within a twelve-month period, the permittee shall pay a service fee for the seventh and each subsequent false burglary alarm notification.
(b) 
If an alarm system transmits more than two (2) false robbery alarm notifications within a twelve-month period, the permittee shall pay a service fee for the third and each subsequent false alarm notification.
(c) 
A tenant holding an individual alarm permit shall pay a false alarm notification fee related to a transmission from an alarm system in the tenant's unit.
(d) 
The permittee holding the master alarm permit shall pay a false alarm notification fee related to a transmission from an unoccupied unit or a unit for which a tenant has not obtained an individual alarm permit.
(e) 
The police chief may investigate and waive payment of a service fee assessed under this section.
(2002 Code, sec. 4.613)
(a) 
A person must obtain a permit issued by the police chief before the person operates an alarm system.
(b) 
A person must obtain a separate permit for each alarm site.
(c) 
A permit holder must:
(1) 
Keep the alarm permit at the alarm site; and
(2) 
Produce the permit for inspection at the request of an employee of the police department.
(2002 Code, sec. 4.604)
(a) 
The owner or property manager of an apartment complex shall obtain a master alarm permit if an alarm system is operated in:
(1) 
A residential unit on the premises, whether the alarm system is furnished by the owner or property manager or contracted for by an individual tenant; or
(2) 
A nonresidential area of the apartment complex, including a common tenant area, office, or storage or equipment area.
(b) 
A tenant of an apartment complex shall obtain an individual alarm permit before the tenant operates or causes the operation of an alarm system in the tenant's residential unit.
(2002 Code, sec. 4.605)
(a) 
A person who owns, leases, occupies, or manages an alarm site shall file an application for a permit and the application fee under this article with the police department on a form approved by the police chief.
(b) 
A permittee shall file an application to renew a permit not later than thirty (30) days before its expiration.
(2002 Code, sec. 4.606)
(a) 
A permit issued under this article is effective for twelve (12) months from the date of issuance.
(b) 
The police chief shall issue a permit effective on the date the permit application is processed.
(c) 
A permit issued under this article is nontransferable and nonrefundable.
(2002 Code, sec. 4.607)
A permittee, including the holder of a master alarm permit, shall pay to the police department:
(1) 
The permit fee;
(2) 
A late payment fee, if the person fails to pay the fee by its due date; and
(3) 
Other fees related to a permit, including a false alarm notification fee assessed under section 6.05.006 of this article.
(2002 Code, sec. 4.608)
The police chief may deny an application for a permit if the applicant has:
(1) 
Made a false statement on the permit application;
(2) 
Made a false oral statement in connection with the permit application;
(3) 
Failed to pay a fee assessed under this article; or
(4) 
Had an alarm permit for an alarm site revoked and the violation resulting in the revocation remains uncorrected.
(2002 Code, sec. 4.609)
(a) 
The police chief shall revoke an alarm permit if the police chief determines that:
(1) 
The applicant has made a false statement on a permit application or a false oral statement relating to a permit application; or
(2) 
The permittee has:
(A) 
Violated this article;
(B) 
Failed to pay a fee assessed under this article; or
(C) 
Failed to maintain the alarm system to minimize false alarm notifications and ensure proper operation of the alarm system.
(b) 
The police chief may reinstate a permit revoked under subsection (a) of this section if the police chief determines that the applicant:
(1) 
Has paid the fees required under section 6.05.045 (fees); and
(2) 
Intends to operate the alarm system in accordance with this article.
(2002 Code, sec. 4.610)
(a) 
If the police chief denies an application or revokes a permit, the police chief shall notify the applicant or permittee by certified mail, return receipt requested.
(b) 
Not later than the tenth (10th) day after the applicant or permittee receives notice of a denial of an application or the revocation of a permit by the police chief, the person may file a notice of appeal in writing with the police chief, which must include the reason for the appeal. Failure to file a timely appeal under this subsection results in the police chief's action becoming final.
(c) 
The filing of a timely appeal under this section stays the police chief's action.
(d) 
The city manager or the city manager's designee shall act as a hearing officer and shall hear the appeal. The formal rules of evidence do not apply to a hearing under this section. The hearing officer:
(1) 
Shall make a decision on the basis of a preponderance of the evidence presented;
(2) 
Shall render a decision not later than the sixtieth (60th) day after an appeal is filed; and
(3) 
May affirm, reverse, or modify the action of the police chief.
(e) 
The decision of the hearing officer is final.
(2002 Code, sec. 4.611)