It is the purpose and intent of this article to protect the
emergency services of the City of Lubbock Police Department from misuse
and to defray the costs of administering this article through permit
and service fees, to encourage the improvement in reliability of burglary
and robbery alarm systems and devices, to ensure that police personnel
shall not be diverted from responding to real criminal activity as
a result of responding to false burglary or robbery alarms, to reduce
the number of false alarms and the amount of police time and resources
expended in responding to false alarms, and to ensure that a responsible
person is accessible within a reasonable amount of time to take custody
of the site of a burglary or robbery alarm, and to provide certain
minimum standards, safeguards, and regulations for burglary or robbery
alarms.
(1983 Code, sec. 14-300; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
The following words or phrases, whenever used in this article,
shall be construed as defined in this section unless in context it
appears that a different meaning is intended:
A single premises or street address served by one (1) or
more alarm systems. Each tenant unit in a multiunit structure or complex
shall be considered a separate alarm site if served by a separate
alarm system.
Any assembly of mechanical or electrical equipment installed
and maintained for the purpose of signaling the police department
of a burglary or a robbery occurring or about to occur at the alarm
site, including equipment which signals the department through a third-party
central alarm station.
Any device connected to an alarm system which automatically
sends a prerecorded message or coded signal over telephone lines,
indicating the activation of the alarm system to a predetermined location.
Circumstances of an individual which require medical attention
or treatment administered to the individual by qualified personnel.
The acts described in V.T.C.A. Penal Code section 30.02.
The head of the police department of the City of Lubbock
or his authorized agent.
A technical difficulty or malfunction which causes an alarm
system to emit or report more than one (1) false alarm intermittently.
An alarm notification designed to summon the police department
to an incident of illegal restraint, imprisonment, use or threatened
use of force, or other circumstances which result in control or manipulation
by illegal action.
The activation of an alarm system that results in notification
to the police department when the responding officer, on reasonable
investigation, finds no evidence of unauthorized intrusion, attempted
unauthorized intrusion, robbery, attempted robbery, duress or panic.
An alarm notification designed to summon the police department
to an incident of civil or domestic disturbance or breach of the peace.
A certificate of authorization to operate an alarm system,
issued by the police department to the owner or person in control
of the premises where a permitted alarm system is located.
Any individual, partnership, corporation, or other legal
entity to whom an alarm system permit is issued.
An individual, partnership, corporation, or other legal entity.
The police department of the City of Lubbock, Texas, or any
authorized agent of such department.
The act of sending a police officer to an alarm site after
the police department receives a report of an alarm at such alarm
site.
The acts described in V.T.C.A. Penal Code sections 29.02
and 29.03.
(1983 Code, sec. 14-301; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001; Ordinance 2003-O0015, secs. 1,
2, adopted 2/13/2003)
(a)
This
article shall apply only to burglary and robbery alarm systems installed
and maintained on residential, nonresidential, or commercial sites.
(b)
For
purposes of this article, all alarm activations reported to the police
department at a residential alarm site as panic alarms or duress alarms
will be classified as burglary alarm notifications. All alarm activations
reported to the police department at a nonresidential or commercial
alarm site as duress alarms or panic alarms will be classified as
robbery alarm notifications.
(c)
Nothing
contained in this article shall be construed to require the police
department to respond to any alarm site upon notification of an alarm.
(1983 Code, sec. 14-302; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001; Ordinance 2003-O0015, sec. 3,
adopted 2/13/2003)
All other city ordinances pertaining to any regulated use remain
in full force and effect, and the provisions of this article are in
addition to said provisions and ordinances.
(1983 Code, sec. 14-318; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
The following are specifically exempt from the application and
enforcement of all provisions of this article:
(1)
An
alarm system installed on a vehicle, unless such vehicle is used for
a habitation at a permanent site.
(2)
Other
types of alarm systems which are not intended to transmit or relay
a signal designed to summon the police department to respond to a
burglary or robbery, including but not limited to fire alarms, alarm
systems installed and used for bona fide medical emergencies, and
alarm systems that monitor temperature, humidity, or any other condition
not directly related to the detection of a burglary or a robbery on
the premises.
(3)
Alarm
systems installed on the interior of a structure for the sole purpose
and function of alerting only the occupants of the premises where
the alarm system is installed, but only if such alarm notification
cannot be heard outside the structure where the alarm system is installed.
(4)
Alarm
systems installed upon premises occupied by local, state, or federal
government authorities, or any of their bona fide agencies.
(5)
False
alarm notifications caused by vandalism, severe weather that causes
physical damage to the alarm site or activates the alarm, telephone
line outage, attempted unauthorized entry onto the premises, or a
natural or manmade catastrophe.
(6)
False
alarm notifications due to a chronic electrical or mechanical problem
which the permit holder is working diligently to correct, if such
permit holder provides the chief of police with a written statement
from the company which installed the alarm system indicating the nature
of the problem, what efforts are being made to correct the problem,
and when the company anticipates the problem being resolved.
(1983 Code, sec. 14-312; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
In addition to any criminal penalties herein described, the
city attorney is hereby authorized to file suit to enjoin the violation
of any provision of this article.
(1983 Code, sec. 14-326; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
All notices required hereunder shall be in writing and shall
be deemed delivered three (3) days after deposited in a United States
post office receptacle.
(1983 Code, sec. 14-325; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
(a)
Upon
receiving an alarm notification of a burglary or robbery, the police
department may record such information as the chief of police or his
designee deems necessary or desirable, which should include the following:
(1)
Verification of the permit and identification of the permit holder;
(2)
Identification of the alarm site;
(3)
The time dispatch is received and officer arrival time;
(4)
The date;
(5)
Weather conditions, if applicable;
(6)
The name of permit holder’s representative on premises, if
any; and
(7)
The response time of the representative to the alarm site after notification
by the police department.
(b)
The
responding police officer should indicate on the dispatch record the
apparent cause of the alarm notification, as determined from an inspection
of the interior or exterior of the premises.
(1983 Code, sec. 14-320; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
Information contained in records maintained by the city pursuant
to this article and that concerns the location of an alarm system,
the name of the occupant of an alarm system site, or the type of alarm
system used is confidential and may be disclosed only as permitted
by law.
(1983 Code, sec. 14-321; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
A permit holder shall not report his alarm notifications through
a relaying intermediary that does not meet the requirements of this
article.
(1983 Code, sec. 14-322; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
The chief of police may set reasonable standards and procedures,
to be followed by any alarm protective service, for giving notice
to the police department of the activation of an alarm system notification.
Such standards and procedures shall be set out in writing and made
available to the public for inspection during normal business hours.
(1983 Code, sec. 14-323; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
(a)
After
the police department responds to five (5) false burglary alarm notifications
from one alarm site within any consecutive twelve-month period, the
permit holder shall be assessed by the chief of police a fee in the
amount of fifty dollars ($50.00) for each additional false burglary
alarm notification responded to by the police department thereafter.
(b)
After
the police department responds to ten (10) false burglary alarm notifications
from one alarm site within any consecutive twelve-month period, the
chief of police may, in addition to the assessment of fees as provided
for in this article, revoke the alarm permit on grounds that the alarm
system has a demonstrated history of unreliability.
(c)
After
the police department responds to two (2) false robbery alarm notifications
from one alarm site within any consecutive twelve-month period, the
permit holder shall be assessed by the chief of police a fee in the
amount of one hundred dollars ($100.00) for each additional false
robbery alarm notification responded to by the police department thereafter.
(d)
After
the police department responds to five (5) false robbery alarm notifications
from one alarm site within any twelve-consecutive-month period, the
chief of police may, in addition to the assessment of fees as provided
for in this article, revoke the alarm permit on grounds that the alarm
system has a demonstrated history of unreliability. The chief of police
may subsequently reinstate a permit if the person whose permit was
revoked provides assurances and satisfactory evidence that the problems
which led to the revocation have been corrected and are unlikely to
reoccur. Upon reinstatement of a permit by the chief of police, any
prior false alarm notifications shall no longer be considered in determining
whether a service fee shall be assessed under this section.
(e)
An
applicant shall pay any and all fees assessed under this article before
an alarm system permit may be issued or reinstated, if previously
revoked. A reinstatement fee of fifty dollars ($50.00) will be assessed
on reinstatement of a previously revoked permit.
(f)
False
alarm notifications resulting from a common cause shall be counted
as a single false alarm if the false alarm notifications occur within
a seventy-two-consecutive-hour period, action is taken to rectify
the common cause, such action is documented to the police department,
and is followed by thirty (30) consecutive days from the last false
alarm notification without another false alarm notification resulting
from that documented cause.
(g)
The
chief of police may notify the permit holder by certified mail, return
receipt requested, that such permit holder has accumulated a sufficient
number of false alarm notifications at an alarm site within a consecutive
twelve-month period to subject his permit to revocation and, in addition,
may give notice of the revocation of the alarm system permit.
(1983 Code, sec. 14-310; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001; Ordinance 2003-O0015, sec. 7,
adopted 2/13/2003)
(a)
If
an alarm usage course approved by the chief of police is available,
the chief of police may establish rules for the acceptance of documentation
that the permit holder has had users of the alarm system successfully
complete training in proper alarm usage in lieu of all, or a portion
of, the penalty or service fees provided for in this article.
(b)
The
permit holder may seek relief under this section only once in any
consecutive twelve-month period. This relief is only available to
permit holders whose permit is valid at the time the penalty or fees
are incurred.
(1983 Code, sec. 14-311; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
No person shall operate or cause to be operated any automatic
dialing device which, when activated, uses a telephone device or attachment
to automatically select a telephone line leading into the police department
or other office of the City of Lubbock and then transmits any prerecorded
message or signal.
(1983 Code, sec. 14-313; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
(a)
No
alarm system permitted and regulated by this article shall be tested
by activating the alarm notification function, without the permit
holder or his agent first notifying the security services contractor
monitoring a third-party central alarm station or police department
before such testing.
(b)
All
alarm systems permitted and regulated by this article shall be designed
and function so as to shut off any alarm notification signals after
twenty (20) consecutive minutes of transmitting. All such systems
shall be designed and function to require that such systems be manually
reset before transmitting any subsequent alarm notification signal.
(1983 Code, sec. 14-314; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
The permit holder, individually or through his employee, agent,
or designee, shall:
(1)
Adjust
the sensory mechanism of each alarm system to suppress false indications
of force so that the alarm system will not be activated due to:
(A)
Flashes of light;
(B)
Vibrations of doors or windows caused by a person using no more apparent
force than to determine if the door or window is unlocked;
(C)
Vehicular noise adjacent to the installation;
(D)
Transient pressure changes in water pipes; or
(E)
Other forces unrelated to actual emergencies; and
(2)
Maintain
premises containing an alarm system in a manner that ensures proper
operation of the alarm system;
(3)
Maintain
the alarm system in a manner that shall eliminate false alarm notifications;
(4)
Train
all persons who may activate the alarm system in the proper use and
operation of the alarm system; and
(5)
Maintain
at each alarm site a complete set of written operating instructions
for each alarm system with the exception of special codes, combinations,
or passwords.
(1983 Code, sec. 14-315; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
Use of an alarm system permitted and regulated by this article
in a manner or for purposes other than to report a burglary or a robbery
shall constitute a false alarm notification.
(1983 Code, sec. 14-316; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
A permit holder shall provide and maintain in adequate operation,
if feasible, a backup battery or generator power supply for each alarm
system located at the alarm site. Such alternate power supply shall
prevent said alarm system from transmitting an alarm notification
signal in the event of a power decrease or loss of power to said alarm
site.
(1983 Code, sec. 14-317; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
Any person or entity engaged in the business of relaying alarm
notifications to the city or police department must do so in compliance
with all laws, including V.T.C.A., Occupations Code section 1702.001
et seq. (Private Investigators and Private Security Agencies Act)
and shall report alarm notifications in a manner and form as may be
required by the chief of police.
|
Editor’s note– Private Investigators
and Private Security Agencies Act referred to in the section above
was changed to the Private Security Act.
|
(1983 Code, sec. 14-319; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
(a)
No
person who is in control of an alarm site shall be required to obtain
a permit for an alarm system unless the police department responds
to at least three (3) false burglary alarm notifications or one false
robbery alarm notification at such alarm site within any calendar
year.
(b)
After
the police department responds to either three (3) false burglary
alarm notifications or one false robbery alarm notification at an
alarm site within any calendar year, it shall be unlawful for any
person who is in control of such alarm site to operate, cause to be
operated, or allow the operation of an alarm system at such location
for more than ten (10) days without obtaining and maintaining in effect
a permit issued by authority of the chief of police under this article.
(c)
A
separate permit shall be required for each alarm site or premises
for which three (3) false burglary alarm notifications have or one
false robbery alarm notification has occurred within any calendar
year. Each permit shall entitle the holder to operate one or more
alarm systems (as described on the application for a permit) at the
alarm site specified on the permit. Permits may not be transferred
to any other premises or location.
(d)
This
article shall apply to existing alarm systems as well as to alarm
systems installed after the effective date of this article.
(e)
Applications
for renewal of permits issued under this article must be made not
later than ten (10) days prior to the expiration date of the permit.
(f)
Any
person who operates an alarm system in violation of this section shall
be subject to a fine of not less than two hundred dollars ($200.00)
and not more than five hundred dollars ($500.00). Each day of such
operation shall constitute a separate violation.
(1983 Code, sec. 14-303; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001; Ordinance 2003-O0015, sec. 4,
adopted 2/13/2003)
(a)
Any
person, association, firm, business, partnership, or corporation required
to obtain an alarm permit shall file a fully completed application
therefor with the police department, which shall conduct an investigation
for each application as deemed appropriate by the chief of police.
(b)
Under
this article, the chief of police may set a nonrefundable fee to be
charged for the processing of an application and issuance of an alarm
system permit. The fee shall not exceed twenty-five dollars ($25.00)
per year for persons sixty-five (65) years of age or older other than
a partnership, corporation, or other legal entity (or a person acting
on behalf of any such organization), and shall not exceed fifty dollars
($50.00) per year for all other applicants, and shall be nonrefundable
in either case whether or not a permit is issued.
(c)
The
chief of police shall notify each permit holder that his permit must
be renewed at least forty-five (45) days prior to its date of expiration
by mailing a written notice to each such permit holder at the address
listed on the permit application; provided, however, that no permit
holder shall be required to renew his permit or pay a permit fee if
the premises for which the permit is applicable have not had a false
alarm notification during the preceding twelve (12) months.
(d)
If
the applicant is an individual, the application shall be signed and
verified by the applicant. If the applicant is a partnership, the
application shall be signed and verified by at least one of its general
partners. If the applicant is a corporation or other entity, the application
shall be signed and verified by the president of such corporation
or entity or other agent authorized to sign on behalf of the corporation.
The person who submits the application to the police department shall
provide verification of his or her full legal name at the time of
submitting the application. If the person submitting the application
is an agent, evidence that such person is authorized to act on behalf
of an individual, partnership, or corporation must also be provided.
(e)
The
applicant shall be responsible for:
(1)
The proper maintenance and operation of the alarm system;
(2)
Payment of the fees assessed under this article;
(3)
Updating all information on the application as often as necessary
to ensure the police department may properly and expeditiously investigate
any alarm at the applicant’s alarm site; and
(4)
Responding within a reasonable time, in person or by agent, to the
alarm site, if requested by and upon receiving notification from the
police department in response to an alarm system activation.
(f)
An
alarm permit under this article cannot be transferred to another person
or entity.
(g)
The
applicant shall verify that the information contained in the application
is true and correct, and that the applicant has read the provisions
of this article, fully understands the provisions thereof, and is
and shall remain in compliance therewith.
(h)
The
permit application shall include:
(1)
The applicant’s full legal name, including any and all other
name(s) by which the applicant has been known;
(2)
If the applicant is a corporation, the exact corporate name, state
of incorporation, and the name of its chief executive officer;
(3)
The current residence address and telephone number of the applicant;
(4)
A telephone number at the site of the alarm system;
(5)
The address and legal description of the parcel of land on which
the alarm system is located, and any business name or title used for
the alarm site;
(6)
Written proof that the applicant is at least seventeen (17) years
of age;
(7)
The name, address, and telephone number of the individual or business
monitoring the alarm system;
(8)
The name, address, and telephone number of at least one person who
the applicant has designated to respond to the alarm site on notification
from the police department in response to an alarm system activation;
and
(9)
Such additional information as determined by the chief of police
as necessary or desirable to accomplish the purpose and intent of
this article.
(1983 Code, sec. 14-305; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001; Ordinance 2003-O0015, sec. 5,
adopted 2/13/2003; Ordinance
2007-O0085, secs. 1–4, adopted 8/23/2007)
(a)
The
chief of police shall conduct an investigation relating to the permit
application. Based on such investigation, the chief of police shall
approve or deny a permit.
(b)
Within
forty-five (45) days after receipt of an application for a permit,
the chief of police shall inform the applicant by certified mail,
return receipt requested, if the permit application has been denied,
but may inform the applicant verbally or by other means if such application
has been approved.
(c)
A
temporary permit may be issued upon application, but such temporary
permit shall expire on the date the permit applied for is either approved
or denied.
(1983 Code, sec. 14-306; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001; Ordinance 2003-O0015, sec. 6,
adopted 2/13/2003)
(a)
The
chief of police shall issue a permit to the applicant unless one or
more of the following conditions exists:
(1)
The applicant fails to provide all of the information requested on
the application or otherwise submits an incomplete application;
(2)
The applicant gives false, misleading, or untruthful information
of material fact on the application;
(3)
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including, but not limited to,
this article or the city building, zoning, or health regulations;
(4)
The applicant, whether he or she be an individual, a corporate agent,
an officer or director, a partner, a manager, or any persons principally
in charge of the premises where the alarm system is located, is not
seventeen (17) years of age or older;
(5)
The alarm system has a history of unreliability and the applicant
has failed to make alterations or corrections to the system that reasonably
assure abatement of false alarms. Any alarm system generating either
ten (10) false burglary alarm notifications or five (5) false robbery
alarm notifications within a twelve-consecutive-month period shall
be presumed unreliable;
(6)
The applicant has failed to pay a fee assessed pursuant to this article
that has become due; or
(7)
The application or the site of the alarm system does not meet all
of the other requirements of this article.
(b)
Denial
of an alarm system permit shall be effected by written notice thereof,
setting forth the grounds therefor, to the applicant, sent certified
mail, return receipt requested, at the direction of the chief of police.
(1983 Code, sec. 14-307; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
(a)
The
chief of police shall have the authority to revoke a permit issued
under this article when:
(1)
The permit holder or his/her designated agent has entered or given
false, misleading, or untruthful information of material fact in any
record or report required by this article;
(2)
The permit holder fails to pay any assessed false alarm service fees
within thirty (30) days from the date they first become due and payable;
(3)
The permit holder or his/her designated agent fails to arrive at
the alarm site within a reasonable time, usually not to exceed thirty
(30) minutes after said individual has been notified by the police
department that the permit holder’s alarm system is transmitting
an alarm signal;
(4)
The permit holder fails to maintain the alarm system or alarm site
in accordance with this article; or
(5)
The operation of the alarm system by the permit holder has accrued
a demonstrated history of unreliability.
(b)
Permits
revoked under this article shall become invalid on thirty (30) days’
written notice of termination mailed by the police department to the
permit holder.
(1983 Code, sec. 14-308; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
The permit holder whose application for a permit has been denied,
or whose permit has been revoked, shall have the right of appeal to
the permit and license appeal board of the city. The notice of appeal
must be in writing, setting forth specifically the exact grounds for
the appeal, and filed in the office of the city secretary within ten
(10) days of the mailing by the chief of police of the notice of denial
or revocation of the permit to the permit holder as required by this
article. The filing of the notice of appeal stays the denial or revocation
of a permit until the permit and license appeal board issues a decision
on the appeal. The decision of the permit and license appeal board
is final.
(1983 Code, sec. 14-309; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
It shall be unlawful for any person to counterfeit, forge, change,
deface, or in any manner alter a permit issued pursuant to this article.
(1983 Code, sec. 14-324; Ordinance 2001-O0087, sec. 1, adopted 11/8/2001)
