The following words and phrases shall have the meaning respectively
ascribed to them in this section:
A premises served by an alarm system or CATV alarm system.
A device or system which transmits a signal which is intended
to summon an emergency service of the city. For the purposes of this
definition, the categories of alarm systems are robbery, burglary
and emergency assistance. The term includes an alarm that emits an
audible signal on the exterior of the structure. Alarm system does
not mean an alarm installed on a vehicle, unless used for a habitation
at a permanent site, or an alarm designed to alert only the inhabitants
within the premises, but does include a local alarm as defined in
this section.
Any person or company that sells, installs, services, monitors
or responds to burglar alarm signal devices, burglar alarms, television
cameras, still cameras or any other electronic device used:
The city manager or his designee.
A notification that summons the police, which was initiated
or triggered by an alarm system designed to respond to a stimulus
characteristic of unauthorized intrusion.
A device or system that transmits or relays a signal by community
antenna television cable, or indirectly, intended to summon emergency
police services of the city.
Any business establishment.
The chief of police or his authorized representative.
A notification of criminal activity reported to law enforcement
that:
That is based solely on electronic information remotely received
by an alarm system monitor;
That is uncorroborated by eyewitness, video, or photographic
evidence that an emergency exists; and
Concerning which an agency of the city has verified that no
emergency exists after an on-site inspection of the location from
which the notification originated.
A robbery alarm notification to the police, when the responding
police officer reasonably finds there is no evidence of a robbery
or an attempted robber.
An institution required to have an alarm system by the provisions
of the Bank Protection Act of 1968 (12 United States Code, section
1882, as amended).
Any agency of the federal or state government or a political
subdivision of the state.
Any alarm system, other than an alarm system monitored by
an alarm system company that results in notification to and response
by members of the police department due to activation of audio and/or
visual signaling devices.
An alarm that is directly monitored by the public safety
communications section of the police department.
A certificate, license, permit or other form of permission
that authorizes a person to engage in an action.
The person who has received an alarm permit and is directly
responsible for management and control of the alarm site. In any multiple-family
dwelling unit (more than four dwelling units per building), the permit
holder shall be the owner of the premises or his representative.
(Ordinance O-01-16 adopted 1/11/16)
(a)
A
person commits an offense if he operates or causes to be operated
an alarm system or a CATV alarm system without first obtaining an
alarm permit from the director. An alarm permit must be obtained by
the person directly responsible for management and control of the
alarm site. A separate permit is required for each alarm site.
(b)
For
purposes of this section, governmental units as defined in this article,
are exempt from all permit requirements.
(Ordinance O-01-16 adopted 1/11/16)
(a)
Each
application for a permit required under this article 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 general alarm system or CATV system and payment of the 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, commercial,
multifamily, or governmental unit.
(4)
Any business name or title used for the premises on which the alarm
system is to be installed or operated.
(5)
The name of two other persons who have agreed to respond to an alarm
in the event the permit holder is not available.
(6)
Any other information required by the director which is necessary
for he enforcement of this article.
(b)
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.
(c)
Any
false statement or misrepresentation of a material fact made by an
applicant for the purpose of obtaining an alarm permit or renewal,
or while making a change thereto, shall be sufficient cause of refusal
to grant, or revocation of, a permit under this article.
(d)
Upon
receipt of a completed application form for a permit, the director
shall issue a permit unless there is cause to believe the equipment
responsible for initiating an alarm will not be maintained or operated
in accordance with this article or the applicant will not comply with
each provision of this article. Burglary/robbery panel alarms will
be limited to financial institutions.
(e)
An
alarm permit cannot be transferred to another person. However, the
individual designated to respond to an alarm or relay an alarm may
be changed. A permit holder must inform the director of any change
that alters information listed on the permit application. No fee will
be assessed for such changes.
(f)
The
director may refuse to permit particular systems which in his discretion
have a history of unreliability.
(g)
For
purposes of this article, information contained in the permit application
will be used for law enforcement purposes. All information contained
in any permit application shall be deemed confidential, pursuant to
chapter 552 of the Texas Government Code and section 1702.284 of the
Texas Occupations Code. To the extent allowed by law, said information
contained in the permit application shall not be subject to public
disclosure.
(Ordinance O-01-16 adopted 1/11/16)
Applicants shall pay a nonrefundable permit fee at the time application for a permit is made and then on the biennial anniversary thereafter in an amount set forth in appendix A of this code. Permits are nontransferable.
(Ordinance O-01-16 adopted 1/11/16)
If the director denies the issuance of 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 setting
forth the reason for such action and advising the applicant or permit
holder of the right of an appeal. The applicant, or permit holder,
may appeal the decision of the director to the appeal hearing official
by filing a written request for a hearing, setting forth his objections
to the action of the director; within ten (10) days after receipt
of the notice from the director. The filing of a request for an appeal
hearing with the appeal hearing official shall stay the action of
the director in denying the issuance of or revocation of a permit
until a final decision on the appeal is made by the appeal hearing
official.
(Ordinance O-01-16 adopted 1/11/16)
A person commits an offense if he operates any alarm system as defined in this article without having a valid permit in accordance with the provisions of this article and upon conviction in the municipal court of the city, shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. It shall be an affirmative defense to prosecution that, prior to any resultant court date for the violation, the violator obtains an alarm permit from the city.
(Ordinance O-01-16 adopted 1/11/16)
A permit holder must:
(1)
Adjust
or modify the sensory mechanism of his alarm system to suppress false
indications of force so that the alarm system will not be activated
by impulses due to:
(2)
Maintain
the premises containing an alarm system in a manner that ensures proper
operation of the alarm system. It is the responsibility of the permit
holder to properly maintain the alarm system to prevent false activations.
(3)
Ensure that an alarm system that includes a local alarm, with an audible signaling device mounted on the exterior of a structure, is installed in such a manner whereby the audible signaling device may not be falsely activated and/or continuously reactivated for a period longer than a total of thirty (30) minutes after initial activation. The occurrence of more than three such false activations in any twelve-month period will result in revocation of the alarm permit until such time as the director has determined that the audible signaling device has either been rendered inoperable or repaired so as to comply with the provisions of this article. In the event the director suspends a permit under these circumstances, the permit holder may appeal the suspension as provided in section 4.08.005 of this article.
(Ordinance O-01-16 adopted 1/11/16)
(a)
A
person who is engaged in the business of relaying alarm notifications
to the city shall:
(1)
Send notification of an alarm to the city by an individual. The reporting
of alarms by means of a recorded message is prohibited;
(2)
Keep his business premises locked and secured at all times;
(3)
Allow an inspection of his business premises by authorized agents
of the director;
(5)
Report alarms only to a telephone number, or numbers, designated
by the city;
(6)
Send alarm notifications to the city in a manner and form determined
by the city;
(7)
Maintain a sufficient staff to ensure that valid alarms are relayed
immediately to the city;
(8)
Inform their customers of permit requirements; and
(9)
Relay current permit numbers with all alarms.
(b)
An alarm system company may be assessed a service fee in an amount set forth in appendix A of this code for each incorrect permit number relayed to the city with an alarm notification. Any service fee assessed under the provisions of this subsection must be paid within thirty (30) days of receipt of notice that it has been assessed by the director. If the assessed fee becomes ninety (90) days delinquent, a ten percent (10%) late charge will be added.
(Ordinance O-01-16 adopted 1/11/16)
(a)
False burglar alarm notifications.
If the permit holder has had five (5) false burglar alarm notifications in the twelve (12) month period immediately preceding any false burglar alarm, he shall be assessed a service fee in an amount set forth in appendix A this code for each subsequent false burglar alarm notification.
(b)
False robbery alarm notifications.
If the permit holder has had five (5) false robbery alarm notifications in the twelve (12) month period immediately preceding any false robbery alarm notification, he shall be assessed a service fee in an amount set forth in appendix A of this code for each subsequent false robbery alarm notification.
(c)
Payment of fees.
A permit holder shall pay assessed
fees for any false alarm notification within ten (10) days after notification
from the director, by certified mail, that such fees have been assessed.
Failure to pay fees may result in revocation of the alarm permit.
(d)
Governmental unit.
No service fee shall be assessed
against a governmental unit.
(Ordinance O-01-16 adopted 1/11/16)
(a)
A
financial institution may install, with the permission of the director,
a panel alarm in the police department for the purpose of reporting
burglaries and robberies. If such installation is made, all other
provisions of this article must be met. The financial institution
shall execute a letter of agreement with the city permitting the installation
of all necessary equipment on an indicator panel located in the communications
section of the police department. The installation must be accomplished
at the financial institution’s expense.
(b)
The letter of agreement shall contain provisions granting a right of inspection to the director, requiring payment of an annual nonrefundable fee as provided for in the fee schedule in appendix A of this code for each indicator installed. The rights of a financial institution under such a letter of agreement with the city are not transferable. In addition to the matters set forth in this section, the letter of agreement shall include, but not be limited to, the following:
(1)
The director annually may inspect the alarm system at the alarm site
and shall require necessary repairs or improvements. If the director
finds that the signaling device fails to comply with the requirements
of this article, he may terminate the letter of agreement and require
the removal of equipment and indicators from the police department.
Such removal shall be at the expense of the financial institution;
(2)
The financial institution shall, at its expense, provide service
for the alarm system at the request of the financial institution or
the director. In no event shall the city become liable for service
charges for repairs and maintenance for any such alarm system; or
(3)
The financial institution may cancel its letter of agreement with
the city at any time by giving written notice to the director. Upon
giving such notice thereof, the financial institution shall promptly
remove its equipment and indicators from the monitoring panel in the
police department. Such removal shall be at the expense of the financial
institution.
(Ordinance O-01-16 adopted 1/11/16)
(a)
A
property owner or agent of the property owner authorized to make decisions
regarding the use of the property may elect to exclude the city from
receiving an alarm signal by an alarm system located on the owner’s
property by filing such exclusion on a form provided by the city.
(Ordinance O-01-16 adopted 1/11/16)
