[1]
Editor’s note–Ord. No. 1863, § 2, adopted Sept. 8, 2009, repealed the former Art. II, Div. 1, §§ 26-31-26-41, Div. 2, §§ 26-61, 26-62 and enacted a new Art. II as set out herein. The former Art. II pertained to alarm systems and derived from Code 1974, § 21/4-1-13; Ord. No. 1210, §§ 1-3, 8-13-96; Ord. No. 1077, § III, 5-12-92.
(a)
The
purpose of this article is to encourage alarm users and alarm companies
to properly use and maintain the operational effectiveness of alarm
systems in order to improve the reliability of alarm systems and reduce
or eliminate false alarms.
(b)
This
article governs alarm systems intended to summon law enforcement and
requires registration, establishes fees, provides for penalties for
violations, establishes a system of administration, and sets conditions
for revocation of registration.
(Ordinance 1863, § 2, 9-8-09)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a notification to a law enforcement agency that an
alarm, either manual or automatic, has been activated at a particular
alarm site.
means a person in the business of selling, providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an
alarm system in an alarm site. This definition shall also include
individuals or firms that install and service the alarm systems that
will be used in their private or proprietary facilities. This does
not include persons doing installation or repair work where such work
is performed without compensation of any kind (i.e., do-it-yourselfers).
means authorization granted by the chief of police to an
alarm user to operate an alarm system.
means a single fixed premise or location served by an alarm
system or systems. Each unit, if served by a separate alarm system
in a multiunit building or complex, shall be considered a separate
alarm site.
means a device or series of devices, including, but not limited
to, hardwired systems and systems interconnected with a radio frequency
method such as cellular or private radio signals, which emit or transmit
a remote or local audible, visual or electronic signal indicating
an alarm condition and intended to summon law enforcement response,
including local alarm systems. Alarm system does not include:
means any person who has contracted for monitoring, repair,
installation or maintenance service from an alarm installation company
or monitoring company for an alarm system, or who owns or operates
an alarm system which is not monitored, maintained or repaired under
contract.
means the fee structure as determined by chapter 30 of this Code which includes new permits and renewals.
means the process that a permit holder aggrieved by a decision
must make by filing a formal request in writing to the city secretary
requesting a change in, or confirmation of, that decision made regarding
an alarm issue.
means a device that allows control of an alarm system.
means any electrical, electronic, mechanical, or other device
capable of being programmed to send a prerecorded voice message, when
activated, over a telephone line, radio or other communication system
to law enforcement.
means the notification intended to summon police, which is
initiated or triggered manually or by an alarm system designed to
respond to a stimulus characteristic of unauthorized intrusion.
means the process where response is terminated when a monitoring
company (designated by the alarm user) for the alarm site notifies
the responding law enforcement agency that there is not an existing
situation at the alarm site requiring law enforcement agency response
after an alarm dispatch request.
means a written certification from an alarm installation
company stating that the alarm system has been inspected and repaired
(if necessary) and/or additional training has been conducted by the
alarm installation company or law enforcement agency.
means the chief of police or designated representative.
means the city manager of the city or his designated representative.
means a silent alarm system signal generated by the entry
of a designated code into an arming station in order to signal that
the alarm user is being forced to turn off the system and requires
law enforcement response.
means an alarm dispatch request to a law enforcement agency
when a response is made by the law enforcement agency within 30 minutes
of the alarm dispatch request and the responding law enforcement officer
finds from an inspection of the interior and/or exterior of the alarm
site no evidence of a criminal offense or attempted criminal offense.
means the city manager.
means a silent alarm signal generated by the manual activation
of a device intended to signal a robbery in progress or immediately
after it has occurred.
means the chief of police.
means a license issued by the state department of public
safety private security bureau to an alarm installation company and
monitoring company to sell, install, monitor, repair, or replace alarm
systems.
means an alarm system that emits a signal at an alarm site
that is audible or visible from the exterior of the structure.
means the process by which a monitoring company receives
signals from an alarm system and relays an alarm dispatch request
to the municipality for the purpose of summoning law enforcement to
the alarm site.
means a person in the business of providing monitoring services.
means operating an alarm system without a valid permit, which
shall include a revoked permit, or noncompliance where a duty is imposed
in this article.
means an audible alarm generated by the deliberate activation
of a panic device.
means the person designated in the application who is responsible
for responding to alarms and giving access to the site and who is
responsible for proper maintenance and operation of the alarm system
and payment of fees.
means an individual, corporation, partnership, association,
organization or any legal entity.
means an individual capable of reaching the alarm site within
30 minutes and having access to the alarm site, the code to the alarm
system and the authority to approve repairs to the alarm system.
means an attempt by the monitoring company or its representative
to contact the alarm site and/or alarm user by telephone, whether
or not actual contact with the person is made, to determine whether
an alarm signal is valid before requesting law enforcement dispatch
following the alarm verification and notification procedure.
(Ordinance 1863, § 2, 9-8-09)
(a)
A person
commits an offense if he operates or causes to be operated an alarm
system without a valid alarm permit issued by the chief.
(b)
Any
person without an existing valid permit for an alarm system on the
effective date of this article must apply for a permit within 30 days
of the effective date of this article.
(c)
All
existing permits will expire on the anniversary date of issuance.
Any person, who has an existing permitted alarm system, must complete
an application form and remit the required administrative fee within
30 days following the anniversary date the permit was issued or if
such date is unknown, within 30 days following notification by the
city.
(d)
Upon
receipt of the required administrative fee and completed application
form, the chief shall issue a permit except as otherwise provided
herein.
(1)
A
completed permit application must contain the following information
and be complete, true and accurate in its entirety:
a.
The
name, address and telephone number of the permit holder who will be
responsible for the proper maintenance and operation of the alarm
system and payment of fees assessed under this article;
b.
The
classification of the alarm site as either residential or commercial,
including whether the alarm site is an apartment or suite, and if
so, the building number, the suite or apartment number;
c.
The
purpose of each alarm system located at the alarm site, i.e., burglary,
robbery, panic/duress;
d.
The
name and telephone number of the alarm system monitoring company that
has agreed to receive calls for the permitted alarm system, if applicable;
e.
Except
as otherwise provided herein, at least three names and telephone numbers
of contacts (responders) that are able to respond to the alarm premise
within 30 minutes with a key or means of access to the location if
needed by law enforcement; and
f.
Other
information required by the chief that is necessary for the enforcement
of this article.
(e)
An alarm
permit is nontransferable; however, the individual designated to respond
to an alarm may be changed. A permit holder shall inform the chief
in writing of any changes that alter information listed on the permit
application within two business days from the change. No fee will
be assessed for such changes.
(f)
All
application fees owed by an applicant must be paid before a permit
may be issued.
(g)
No permit
fee shall be required for any person age 65 or older at the time of
such application.
(h)
Pursuant
to state law, no permit shall be required for city, state, county,
independent school district and federal government entities.
(i)
Any
false statement or misrepresentation of a material fact made by an
applicant or person for the purpose of obtaining an alarm permit or
renewal, or while making a change thereto, shall be sufficient cause
for refusal to grant a permit, suspension of a permit or revocation
of a permit by the police department.
(Ordinance 1863, § 2, 9-8-09)
(a)
A person
shall not install or maintain an alarm system, except for the purpose
of eliciting responses to burglaries, robberies, or panic/duress situations,
unless specifically authorized by the chief.
(b)
If innovations
in alarm systems or other types of alarm devices adversely affect
emergency services of the city, the chief may promulgate other rules
and regulations in order to protect the city’s emergency service.
(Ordinance 1863, § 2, 9-8-09)
A nonrefundable permit fee, as determined from time to time by city council for residential permits and commercial permits, is required for issuance of a permit. Permits issued will expire on the last day of the month of expiration. It is the permit holder’s responsibility to renew the permit within 30 days of the expiration date of the permit. The alarm permit fee is located in chapter 30 of this Code and is incorporated herein.
(Ordinance 1863, § 2, 9-8-09)
(a)
If within
the preceding 12-month period, eight or more false burglar alarm notifications
are emitted from an alarm site, the chief may revoke the permit of
the alarm site.
(b)
The chief shall assess the permit holder a fee for each false alarm notification emitted from the alarm site. The fee for each false alarm shall be as determined from time to time by city council, as set out in chapter 30 of this Code.
(c)
A permit
holder shall pay a fee assessed under this section within 30 days
after receipt of notice of assessment or pay a penalty fee as determined
from time to time by city council.
(d)
The permit holder will be exempt from any fee charged by chapter 30 of this Code for a false alarm notification which is later shown to have been, in the chief’s sole determination, justified or which was due to a natural or manmade catastrophe or other situation specifically exempted by the chief.
(e)
The alarm company shall pay a fee as determined from time to time by city council in chapter 30 of this Code for providing the wrong permit information to the responding agency.
(f)
An alarm
user shall pay a fee as determined from time to time by city council
for failure to provide a responder within 30 minutes when requested
by law enforcement authority.
(g)
If cancellation
occurs prior to law enforcement arriving at the scene, this is not
a false alarm for the purposes of this article.
(h)
If law
enforcement takes longer than 30 minutes to respond to the alarm dispatch
request, this is not a false alarm for the purposes of this article.
(Ordinance 1863, § 2, 9-8-09)
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 designate a representative to respond, within 30 minutes after
requested 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 for any reason other than an occurrence
of an event that the alarm system was intended to report;
(5)
Notify
the police department prior to activation of an alarm for maintenance
purposes; and
(6)
Adjust
the mechanism, or cause the mechanism to be adjusted, so that an alarm
signal will sound no longer than 15 minutes after being activated.
(Ordinance 1863, § 2, 9-8-09)
A permit holder shall not report an alarm signal through a relaying
intermediary that does not meet the requirements of this article,
and any rules and regulations promulgated by the chief, or is not
licensed by the state board of private investigators and private security
agencies, or is not the owner of the property.
(Ordinance 1863, § 2, 9-8-09)
Any alarm company engaged in the business of monitoring alarm
systems in the city shall:
(1)
Report
alarm signals only using telephone numbers designated by the chief;
(2)
Before
requesting police response to an alarm signal, verify every alarm
signal, except a duress, robbery, or panic alarm activation, by a
telephone call to the alarm site;
(3)
When
reporting an alarm notification to the city, provide the alarm permit
number and address of the alarm site from which the alarm notification
originated.
(Ordinance 1863, § 2, 9-8-09)
(a)
On the
installation or activation of an alarm system, an alarm systems company
shall distribute to the occupant of the alarm system location information
summarizing:
(b)
An alarm
system company shall notify the chief of an installation or activation
of an alarm system not later than the 30th day after the date of the
installation or activation. The alarm systems company shall provide
to the municipality:
(c)
Information
provided to a governmental body under this section is confidential
and subject to disclosure only as provided under V.T.C.A., Occupation
Code § 1702.284.
(Ordinance 1863, § 2, 9-8-09)
A permit holder of an alarm system that utilizes a local alarm
shall adjust the mechanism or cause the mechanism to be adjusted so
that, upon activation, the local alarm will not transmit another alarm
signal without first being manually reset.
(Ordinance 1863, § 2, 9-8-09)
Upon reasonable notification, the chief may inspect an alarm
site and alarm system of a permit holder at reasonable times.
(Ordinance 1863, § 2, 9-8-09)
(a)
Grounds
for denial of a permit.
(1)
The
chief shall issue a permit to the applicant unless one or more of
the following conditions are present:
a.
The
applicant fails to provide all of the information requested on the
application or submits an incomplete application;
b.
The
applicant gives false, misleading or untrue information of material
fact on the application;
c.
The
operation, as proposed by the applicant, would not comply with all
applicable laws, including, but not limited to, this article or the
city building, zoning or health codes; or
d.
The
applicant has failed to pay any fee assessed pursuant to this article
that is due and owing.
(2)
Denial
of an alarm system permit shall be effected by written denial, setting
forth the grounds for denial and sent certified mail, return receipt
requested.
(b)
Grounds
for revocation of a permit.
(1)
The
chief may revoke an alarm permit if he determines that:
a.
The
permit holder, or his designated agent, has given false, misleading
or untrue information of material fact in any record or report required
by this article;
b.
The
permit holder fails to maintain the alarm system in accordance with
the requirements of this article;
c.
The operation of the alarm system by the permit holder has demonstrated a history of unreliability, as set forth in subsection (c) of this section; or
d.
There
have been eight or more false alarms during the preceding 12-month
period.
(2)
A
person commits an offense if he operates an alarm system during the
period in which his alarm permit has been revoked.
(c)
Grounds
for nonrenewal of a permit.
(1)
The
alarm system has a history of unreliability and the applicant has
failed to make alterations or corrections to the system to reasonably
assure abatement of false alarms. Any alarm system generating eight
or more false alarm notifications within a preceding 12-month period
shall be presumed unreliable, and the alarm permit shall be revoked
or suspended, after the city provides 30-days’ written notice
to the permit holder.
(2)
A
person commits an offense if he operates an alarm system during the
period in which his alarm permit has not been renewed.
(Ordinance 1863, § 2, 9-8-09)
(a)
A person
whose alarm permit has been revoked may have the permit reinstated
if the person:
(b)
A permit
that has been reinstated shall expire on the same date it was originally
set to expire.
(Ordinance 1863, § 2, 9-8-09)
(a)
Any
applicant, permit holder, alarm installation company or monitoring
company aggrieved by the decision to assess a penalty fee by the chief
of police may appeal the decision to the hearing appeal officer by
filing with the city secretary a written request for a hearing, setting
forth the reasons for the appeal within ten days after the chief of
police renders the decision. The filing of a request for an appeal
hearing with the city secretary stays the action of the chief of police
in assessing a penalty fee until the hearing officer makes a final
decision. If a request for an appeal hearing is not made within the
ten-day period, the action of the chief of police is final.
(b)
If the
chief of police refuses to issue 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 of police to the hearing appeal officer by filing with
the city secretary a written request for a hearing, setting forth
the reasons for the appeal, within ten days after receipt or the notice
from the chief of police. The filing of a request for an appeal hearing
stays an action of the chief of police in revoking a permit until
the hearing appeal officer makes a final decision. If a request for
an appeal hearing is not made within the ten-day period, the action
of the chief of police is final.
(Ordinance 1863, § 2, 9-8-09)
The alarm user shall be notified in writing when the alarm permit
will be revoked. The notification shall include:
(1)
The
fact that the permit will be revoked after the eighth false alarm,
excluding duress, holdup and panic alarms; and
(2)
A description
of the appeal procedure available to the alarm user.
(Ordinance 1863, § 2, 9-8-09)
A person who is engaged in the business of relaying alarm notifications
to the city shall:
(1)
Communicate
alarm notifications to the city in a manner and form determined by
the chief;
(2)
Provide
a local or toll free call-back telephone number when requested by
the police department;
(3)
Contact
a representative of the alarm site when requested by the police department;
and
(4)
Comply
with all other requirements of this article and any rules and regulations
promulgated by the chief.
(Ordinance 1863, § 2, 9-8-09)
An alarm system, other than an alarm system in a local, state,
or federal governmental entity or in a financial institution, which
transmits automatic alarm notifications directly to the police department,
shall be prohibited.
(Ordinance 1863, § 2, 9-8-09)
A permit holder shall maintain at each alarm site a complete
set of written operating instructions for each alarm system. Special
codes, combinations or passwords must not be included in these instructions.
(Ordinance 1863, § 2, 9-8-09)
(a)
The
communication employee receiving the alarm notification shall cause
to be recorded such information as necessary to permit the chief to
maintain records, including, but not limited to, the following information:
(1)
Identification
of the permit holder;
(2)
The
alarm permit number;
(3)
Identification
of the alarm site;
(4)
The
communication received time, dispatch time and personnel arrival time;
(5)
The
date of occurrence;
(6)
The
disposition of the alarm call; and
(7)
The
name of the permit holder’s representative on premises, if any.
(b)
The
responding law enforcement personnel shall prepare and submit appropriate
reports in regards to any events that contributed to the alarm notification
as determined by the investigation.
(Ordinance 1863, § 2, 9-8-09)
(a)
If there
is reason to believe that an alarm system is not being used or maintained
in a manner that ensures proper operation, the chief may require a
conference with an alarm permit holder to review circumstances of
each alarm notification.
(b)
If there
is belief that an alarm is the result of circumstances beyond the
reasonable control of the permit holder, the permit holder or the
permit holder’s representative may request a conference with
the chief.
(Ordinance 1863, § 2, 9-8-09)
(a)
An alarm
company, an alarm permit holder or a person in control of an alarm
system commits an offense if he violates any provision of this article
that imposes upon him a duty or responsibility.
(b)
A person
who violates a provision of this article is guilty of a separate offense
for each day or portion of a day in which the violation is committed
or continues, and each offense is punishable by a fine not to exceed
$500.00 as follows:
(c)
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 criminally responsible for acts or omissions performed
by an agent acting in behalf of the corporation, partnership or other
association, and within the scope of employment. A person or business
utilizing 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 must not be included in these instructions.
(Ordinance 1863, § 2, 9-8-09)
In the interest of public safety, subject to the provisions
of V.T.C.A., Government Code ch. 552, information contained in and
gathered through the alarm permit applications, records relating to
alarm dispatch requests and applications for appeals shall be held
in confidence by all employees or representatives of the city and
by any third-party administrator or employees of a third-party administrator
with access to such information. This information shall not be subject
to public inspection. Public interest is served by not disclosing
said information to the public and clearly outweighs the public interest
served by disclosing said information.
(Ordinance 1863, § 2, 9-8-09)
The issuance of an alarm permit and/or the provisions set forth
in this article are not intended to, nor do they create a contract,
duty or obligation, either expressed or implied, of response. Any
and all liability and consequential damage resulting from the failure
to respond to a notification is hereby disclaimed and governmental
immunity as provided by law is retained. By applying for an alarm
permit, the alarm user acknowledges that law enforcement response
may be influenced by factors such as: the availability of police units,
priority of calls, weather conditions, traffic conditions, emergency
conditions and staffing levels.
(Ordinance 1863, § 2, 9-8-09)
