For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Alarm notification.
A notification intended to summon emergency service personnel of the city, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of fire or unauthorized intrusion.
Alarm site.
A single premises or location (one street address) served by an alarm system or systems that are under the control of one owner or tenant.
Alarm system.
A device or system that emits, transmits or relays a signal intended to summon or that would reasonably be expected to summon an emergency service of the city, including but not limited to local alarms. An alarm system does not include:
(1) 
An alarm installed on a motor vehicle.
(2) 
An alarm system designed solely to alert the occupants of a building or residence which will not emit a signal, either audible or visible, from outside the building or residence.
(3) 
An alarm system that has been disabled and does not have the ability to send an alarm notification to emergency service personnel.
Chief.
The chief of police of the city or his authorized representative.
False alarm notification.
An alarm notification to an emergency service department where there was no evidence of an emergency or when the caller notifies the emergency service department that the alarm was false in nature.
Governmental unit.
The state, any agency of the state, a political subdivision of the state including any city, county, school district, junior college district, water improvement district, or utility district, and any entity included as the term "governmental unit" is defined in section 101.001 of the Texas Civil Practice and Remedies Code, as amended.
Local alarm.
An alarm system which emits a signal at an alarm site that is audible or visible from the exterior of a structure.
Permit.
A certificate, license, permit or other form of permission that authorizes a person to engage in an action.
Person.
An individual, corporation, governmental unit, partnership, association, organization, or similar entity.
(1999 Code, sec. 18-101)
(a) 
It shall be unlawful to operate an alarm system during the period in which an alarm permit is revoked. Each day, or part thereof, of such operation shall constitute a separate offense.
(b) 
It shall be unlawful for any person to operate an alarm system without a permit or in violation of any provision of section 6.05.041. Each day, or part thereof, of such operation shall constitute a separate offense.
(c) 
Any person in violation of any provision of this article shall, upon conviction, be subject to a fine not to exceed $500.00 for each offense.
(1999 Code, sec. 18-114)
(a) 
A permit holder or alarm system user 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 a reasonable period of time when notified by the city to repair or inactivate a malfunctioning alarm system and to provide access to the premises or to provide security for the premises. A permit holder may present extenuating circumstances regarding the reasonableness of his/her response time at any administrative hearing under this article.
(4) 
Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report.
(b) 
A permit holder or person in control of an alarm system shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than 15 minutes after being activated.
(c) 
A permit holder or person in control of an alarm system shall maintain at each alarm site a complete set of written operating instructions for each alarm system. Special codes, combinations, or passwords shall not be included in these instructions.
(d) 
A permit holder or person in control of an alarm system which has an automatic resetting device, and which system causes three or more alarms within a 24-hour period, shall manually reset the system.
(1999 Code, sec. 18-104)
A permit holder or person in control of an alarm system shall not allow alarm signals to be reported through a relaying intermediary that does not comply with the requirements of this article and any rules and regulations promulgated by the chief, or is not licensed by the state private security bureau.
(1999 Code, sec. 18-106)
A person who is engaged in the business of relaying alarm notifications to the city shall:
(1) 
Make notification by a human operator. The reporting of alarms by means of a recorded message is prohibited.
(2) 
Communicate alarm notifications to the city in a manner and form designated by the chief.
(1999 Code, sec. 18-107)
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 an emergency services department and then transmit any prerecorded message or signal.
(1999 Code, sec. 18-108)
Emergency personnel responding to a dispatch resulting from an alarm system notification shall record such information as necessary to permit the chief to maintain appropriate records.
(1999 Code, sec. 18-109)
If there is reason to believe that an alarm system is not being used or maintained in the manner that ensures proper operation and suppresses false alarms, the chief may require a conference with a permit holder or the person responsible for maintenance of the alarm system to review circumstances of each false alarm. Any such conference will be held only after a ten-day notice to the permit holder, such notice to be effective on mailing to the permit holder at the address listed on the application.
(1999 Code, sec. 18-110)
(a) 
The permit holder shall be subject to service fees, warnings and suspension or revocation of permit depending on the number of false alarm dispatches emitted from an alarm system within a 12-month period, based upon the following schedule:
Number of False Alarm Dispatches
Action Taken
Fee
1-3
None
$0.00
4-5
 
$50.00
6-7
On-site written notice and suspension of permit
$75.00
8 or more
Revocation
$100.00
(b) 
If the city manager or his designee waives the requirement for a governmental unit to pay any fee required by this section, such governmental unit shall be issued a written warning notice for each false alarm emitted. A permit holder shall pay assessed fees as specified in this section within ten (10) days after notification by certified mail that such fees have been assessed. Failure to pay fees may result in revocation of the alarm permit.
(Ordinance 09-1070, sec. 3, adopted 6/23/09)
(a) 
A person commits an offense if he operates or causes to be operated an alarm system without first obtaining a valid permit issued by the chief for such system. This requirement is applicable to the person responsible for the management and control of the property which the alarm system is designed to protect.
(b) 
An alarm system user or his agent shall obtain a permit for each alarm site.
(c) 
Application for a permit under the provisions of this article constitutes a grant of approval for members of the police department to conduct a search for intruders or the fire department to conduct a search for injured or ill persons on the interior of any building on the alarm site found to be unsecured when responding to the alarm site as a result of an alarm notification.
(d) 
Upon receipt of a completed application form, the chief shall issue a permit to the applicant unless the applicant has failed to pay a fee assessed under section 6.05.011, or has had a permit for the alarm site revoked and the violation causing revocation has not been corrected.
(e) 
Each permit application must contain the following information:
(1) 
Name, address, and telephone number of the person who will be the permit holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article;
(2) 
The street address of the property on which the alarm system is to be installed and operated;
(3) 
Classification of the alarm site as either residential or commercial;
(4) 
Any business name or title used for the premises on which the alarm system is to be installed and operated;
(5) 
The name of one other person who will respond to an alarm in the event the permit holder is unavailable;
(6) 
Name, address and phone number of the entity that monitors the alarm system;
(7) 
Any other information required by the chief which is necessary for the enforcement of this article.
(f) 
Any false statement of a material matter made by the applicant for the purpose of obtaining an alarm permit shall be sufficient cause for refusal to issue a permit and/or for revocation of a permit already issued.
(g) 
A permit shall not be transferred to another person. A permit holder shall inform the chief of any change that alters any information listed on the permit application within five days of the occurrence of the change. A fee shall not be assessed for such changes.
(h) 
The fee for a permit issued pursuant to this article shall be $30.00 per year for residences and $50.00 per year for commercial businesses. Notwithstanding the foregoing, in the event a permit holder experiences excessive false alarms as set forth in section 6.05.011, a renewal fee of $50.00 for residences and $70.00 for commercial businesses shall be assessed on all future renewals following such 12-month period.
(i) 
The city manager or his designee may waive the requirement to pay fees under this section by a governmental unit.
(1999 Code, sec. 18-102; Ordinance 09-1070, sec. 2, adopted 6/23/09)
A permit is valid from the date of issuance for one year, upon receipt of the annual fee. A permit will be automatically renewed for a period of one year upon receipt of the annual fee unless revoked by the chief or cancelled by the permit holder.
(1999 Code, sec. 18-103)
(a) 
Revocation.
The chief may revoke a permit if he determines that:
(1) 
There is any violation of this article;
(2) 
There is a false statement of a material matter in the application for a permit;
(3) 
An alarm system has generated in excess of 8 false alarms during any 12-month period;
(4) 
The permit holder has failed to make payment of any fee assessed under section 6.05.011 within 30 days of the assessment;
(5) 
Failure to attend the conference provided for in section 6.05.010.
(b) 
Appeals.
(1) 
If the chief refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief to the city manager by filing with the city manager a written request for a hearing setting forth the reason for the appeal, within ten days after receipt of the notice of the chief. The filing of a request for an appeal hearing with the city manager stays the action of the chief as to the denial of a permit or the revocation of a permit until the city manager makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final.
(2) 
The city manager shall serve as hearing officer at an appeal, and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing, but the hearing officer shall make his decision on the basis of a preponderance of the evidence presented. A decision shall be made within thirty days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing officer is final as to administrative remedies with the city.
(3) 
In addition to prohibiting or requiring certain conduct of individuals, it is the intent of this article to hold a corporation, partnership, or other association responsible for acts or omissions performed by an agent acting in behalf of the corporation, partnership, or other association, within the scope of his employment.
(c) 
Forfeiture of fee.
When the revocation of a permit is final, all permit fees shall be forfeited.
(d) 
Reapplication after revocation.
(1) 
Should an alarm system user or his agent, after final permit revocation, desire to reapply for a permit, he shall be required to submit a new permit application, including required permit fees.
(2) 
The applicant shall also submit satisfactory proof of ability to comply with this article.
(1999 Code, sec. 18-112; Ordinance 09-1070, sec. 4, adopted 6/23/09)
All information provided by a permit holder pursuant to this article shall be confidential pursuant to V.T.C.A. Government Code ch. 552, and V.T.C.A. Occupations Code section 1702.284, to the extent allowed by law, and shall be utilized solely for law enforcement purposes. However, the information shall be available to the permit holder.
(1999 Code, sec. 18-113)