For the purposes of this article, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
A notification intended to summon the police, which is designed
either to be initiated purposely by a person or by an alarm system
that responds to a stimulus characteristic of unauthorized intrusion.
(Recorded messages to any police or fire station are prohibited by
law.)
The specific property served by an alarm system that is under
the control of one (1) owner, tenant or lessor.
Any electrical, mechanical, or electronic device or assembly
of equipment that emits, transmits, or relays a signal intended to
summon, or that would reasonably be expected to summon, by direct
or indirect means, the aid of the police services of the city. For
purposes of this article, the following types of alarm systems are
exempted:
An alarm system installed on a motor vehicle, unless the vehicle
is permanently located at a site;
An alarm system designed to alert only the inhabitants of the
premises which does not have a local alarm;
An alarm system installed upon premises occupied by the United
States government, or the state government when they occupy property
owned by the state;
Any alarm system designed solely to detect or give notice of
fire or smoke; and
Any communication device not designed solely for alarm notification.
The chief of police of the city or the designated representative
of the chief of police.
The city manager or the designated representative of the
city manager.
An alarm notification to which the city responds within thirty
minutes and the responding officer of a subsequent investigation finds
no evidence of unauthorized intrusion or attempted unauthorized intrusion,
or other illegal activity for which the alarm was intended to report.
A permit issued to the owner or property manager of a residential
apartment complex which provides an alarm system operated in one (1)
or more of the individual residential units. The fees for a master
alarm permit shall be the same as those for an alarm permit.
An individual, corporation, partnership, or association,
organization or any legal entity.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-11; Ordinance 12-086, sec. 1, adopted 10/30/12)
The police department will not respond to a permitted alarm
site if the permit holder fails to pay a false alarm penalty within
21 days of notice of same. A location may be reinstated to a response
status upon payment of all unpaid penalties and a fifty dollar ($50.00)
fee for a residential location or a seventy-five dollar ($75.00) fee
for a commercial location.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-12; Ordinance 07-012, sec. 1, adopted 2/6/07; Ordinance 12-086, sec. 2, adopted 10/30/12)
(a)
The
owner or property manager of an apartment complex which provides alarm
services shall obtain a master alarm permit if any alarm system is
operated on the premises.
(b)
A
tenant of an apartment complex shall obtain a permit before operating
or causing the operation of an alarm system in his residential unit.
(c)
The
permit of the tenant supersedes the master permit of the apartment
complex, and the tenant is responsible for payment of fees for false
alarm notifications emitted from the alarm system in the tenant’s
unit. The master alarm permit holder is responsible for payment of
service fees for false alarm notifications emitted from unoccupied
units.
(d)
The
owner or property manager of an apartment complex shall obtain a separate
alarm permit for any alarm system operated in a nonresidential area
of the apartment complex, including, but not limited to, common tenant
areas and office, storage and equipment areas.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-18; Ordinance 12-086, sec. 3, adopted 10/30/12)
(a)
The
chief of police shall institute policies and procedures to implement
this article.
(b)
The
chief of police shall publish standards of operation for alarm systems.
Each permit holder will be provided copies of these standards and
all changes thereto.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-19)
(a)
The
response, if any, made to a signal from a permitted alarm system shall
be subject to the policies and procedures of the police department
and will be in accordance with the priorities set for police response.
(b)
The
issuance of a permit authorizing the use of an alarm system is not
intended to nor shall it create a contract, either express or implied,
nor does it create a duty or guarantee of response by the police department.
Any and all liability and consequential damages resulting from the
failure to respond to a notification is hereby disclaimed and governmental
immunity as provided by law is retained.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-20)
(a)
A
permit holder shall:
(1)
Maintain the premises containing an alarm system in a manner that
ensures proper operation of the alarm system;
(2)
Maintain the alarm system in a manner that will minimize false alarm
notifications;
(3)
Respond or cause a representative to respond within one (1) hour
when notified by the city to repair or inactivate a malfunctioning
alarm system, to provide access to the premises, or to provide security
for the premises;
(4)
Not manually activate an alarm system for any reason other than occurrence
of an event that the alarm system was intended to report.
(b)
A
permit holder of a local alarm shall adjust the mechanism or cause
the mechanism to be adjusted so that an alarm signal will sound for
no longer than fifteen (15) minutes after being activated.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-21)
No person shall operate, cause to be operated or allow the operation
of an alarm system:
(1)
Without
a permit issued under the provisions of this article;
(2)
Without
being in compliance with the procedures and provisions of this article;
or
(3)
That
automatically dials the 911 emergency communications system.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-22)
(a)
The
failure to comply with the provisions of this article is a class C
misdemeanor punishable by a fine of not more than five hundred dollars
($500.00) but not less than one hundred dollars ($100.00) upon first
conviction, and not less than two hundred dollars ($200.00) upon second
and subsequent convictions. A person who violates a provision of this
article is guilty of a separate offense for each day or portion of
a day during which the violation is committed or continued.
(b)
For
the purposes of this article a conviction is a finding of guilty or
the defendant’s placement on deferred disposition, deferred
adjudication, or probation by a court of competent jurisdiction.
(c)
During
the permit period, a thirty dollar ($30.00) penalty will be charged
for the fourth and fifth false alarm, a fifty dollar ($50.00) penalty
will be charged for the sixth and seventh false alarm, and a seventy-five
dollar ($75.00) penalty will be charged for each subsequent false
alarm.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-23; Ordinance 07-012, sec. 6, adopted 2/6/07; Ordinance 12-086, sec. 4, adopted 10/30/12)
(a)
An
application for a permit shall be made by a person who owns, leases,
resides at, or manages the alarm site.
(b)
The
application shall be submitted with a thirty-five dollar ($35.00)
fee for a residential location or a fifty dollar ($50.00) fee for
a commercial location to the city on a form provided by the city.
Any false statement made by an applicant on the application may be
prosecuted as a violation of section 37.10 of the Texas Penal Code
(tampering with governmental record), a third degree felony.
(c)
An
alarm permit is issued to an individual or corporate entity and is
nontransferable and nonrefundable.
(d)
A
permit shall be issued for a one-year term beginning on the date of
issuance.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; Ordinance 00-25, sec. 1, adopted 3/7/00; 1978 Code, sec. 2 1/2-13; Ordinance 07-012, sec. 2, adopted 2/6/07; Ordinance 12-086, sec. 5, adopted 10/30/12)
The chief of police shall revoke an alarm permit if he determines
that:
(1)
There
was a false statement made in the application for a permit.
(2)
Any
false oral statement was made by the applicant in connection with
the permit application.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-14)
A permit may be denied for:
(1)
Any
false statement on the application;
(2)
Any
false statement by the applicant in connection with the application;
or
(3)
Any
unpaid false alarm penalties or fees.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 97-65, sec. 1, adopted 12/9/97; 1978
Code, sec. 2 1/2-15; Ordinance 07-012, sec. 3, adopted 2/6/07; Ordinance 12-086, sec. 6, adopted 10/30/12)
An application to renew a permit shall be submitted to the city
with a twenty dollar ($20.00) fee for a residential location or a
thirty-five dollar ($35.00) fee for a commercial location, along with
full payment of all outstanding penalties and fees, on or before the
expiration date on the permit. Effective January 1, 2014, the renewal
fee for a residential location shall be twenty-five dollars ($25.00)
or a fifty dollar ($50.00) fee for a commercial location, along with
full payment of all outstanding penalties and fees, on or before the
expiration date on the permit.
(Ordinance 95-14, sec. 1, adopted 3/7/95; Ordinance 00-25, sec. 1, adopted 3/7/00; 1978
Code, sec. 2 1/2-16; Ordinance 07-012, sec. 4, adopted 2/6/07; Ordinance 12-086, sec. 7, adopted 10/30/12)
(a)
If
the chief of police refuses to issue a permit or revokes a permit,
the chief shall notify the applicant or holder by certified mail,
return receipt requested, stating the reasons for the denial or revocation.
The applicant or holder may appeal the decision by filing a notice
of appeal with the chief of police. This notice setting forth the
reasons for appeal must be received within ten (10) calendar days
of the date of receipt of the notice of revocation or denial. The
receipt of the notice of appeal will stay the revocation of the permit.
If the notice of appeal is not timely, the revocation or denial is
final.
(b)
The
city manager will designate a hearings officer to hear the appeal.
At the hearing the formal rules of evidence shall not apply. The hearings
officer shall make his decision on the basis of a preponderance of
the evidence presented. The hearings officer must render a decision
within thirty (30) days after the appeal is filed. The hearings officer
may affirm, reverse, or modify the action of the chief. The decision
of the hearings officer is final.
(c)
When
the city mails a notice in accordance with this section, and the United
States Postal Service returns the notice marked “refused”
or “unclaimed,” the validity of the notice is not affected
and the notice is considered delivered.
(Ordinance 95-14, sec. 1, adopted 3/7/95; 1978 Code, sec. 2 1/2-17; Ordinance 07-012, sec. 5, adopted 2/6/07)
