The following words and terms, as used herein, shall have the
meaning respectively ascribed to them, as follows:
Any person employed by an alarm business (as defined herein)
whose duties include the altering, installing, maintaining, moving,
repairing, replacing, selling, leasing, servicing, responding to,
or causing others to respond to an alarm device. However, “alarm
agent” does not include persons who engage in the manufacture
or sale of alarm systems from a fixed location and who neither visit
the alarm site (as defined herein) where the alarm system is to be
installed, nor design the scheme for the physical location of the
alarm system at an alarm site (as defined herein).
Any individual, company, partnership, corporation, or proprietorship,
along with any of its officers, directors, agents or employees, which
alters, installs, leases, maintains, moves, repairs, replaces, sells,
services, or responds to an alarm system (as defined herein), or which
causes any of those activities to take place. As required under present
State law, those employees, agents, and/or sub-contractors of an alarm
business who provide any of the aforesaid goods and services shall
be licensed by the State for same and be in good standing with the
State. Such licenses shall include, but not be limited to, the following:
For burglar, panic, and/or medical emergency alarm systems,
a license issued by the State Department of Public Safety Private
Security Bureau for such purpose.
For fire alarm systems, a license issued by the State Department
of Insurance State Fire Marshal’s Office for such purpose.
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An “alarm business” does not and shall not include
the Town’s Department of Public Safety, the Town, or their past,
present, and/or future officers and employees.
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A business and/or office (other than the Town’s Department
of Public Safety) that receives and/or monitors alarm systems (as
defined herein) and which an alarm user retains for the purpose of
providing alarm notification (as defined herein). The alarm monitoring
center must be licensed by the State Commission on Private Security.
That communication to the dispatch center of the Town’s
Department of Public Safety that is by and through a direct connect
alarm system (as defined herein) or by and through a remote signaling
system (as defined herein). By design, such communication is either
to be initiated purposely by a person or by an alarm system (as defined
herein), and is caused by and/or is in response to a stimulus characteristic
of unauthorized intrusion into the structure (hereinafter, the “burglar
alarm mode”), excessive smoke and/or fire (hereinafter, the “fire
alarm mode”), or a medical emergency (hereinafter, the “medical
emergency mode”). An “alarm notification” occurs
contemporaneously with an activation of an alarm system.
A single premises or multifamily location in the Town that
utilizes and/or operates an alarm system or a local alarm system (as
defined herein).
An assembly of equipment (or a single device such as a solid
state unit which plugs directly into a one hundred ten (110) volt
AC [“110VAC”] line) arranged to cause and/or give an alarm
notification. An “alarm system” does not include, however,
a security alarm installed on a vehicle.
An upgrade of an existing burglar/fire alarm control panel
of an alarm system or an addition of fire alarm devices to an existing
alarm system, such as are commonly used for smoke, heat and carbon
monoxide detection.
The person (as defined herein) who is the occupant of an
alarm site. “Alarm user” shall also mean that individual
who registers either an alarm system or a local alarm system (as defined
herein) with the Town’s Department of Public Safety.
The instrumentation on an alarm console at the alarm site
which through both visual and audible signals indicate when an alarm
activation device at a particular location at the alarm site has been
activated, or, when a component of the alarm system is malfunctioning.
The American National Standards Institute.
Refers to a telephone answering service providing among its
services the service of receiving on a continuous basis through trained
employees, emergency signals from alarm systems, and thereafter immediately
relaying the message by live voice to the Department of Public Safety.
Refers to an alarm system which automatically sends over
regular telephone lines, by direct connection otherwise, a prerecorded
voice message or coded signal indicating the existence of the emergency
situation that the alarm system is designed to detect.
See security alarm.
Any structure intended or used for the purpose of conducting
a commercial business enterprise.
The Town’s Department of Public Safety.
An alarm system which has the capability of transmitting
an alarm notification directly from the alarm site to the Department.
A component of an alarm system designed or intended to:
A component of an alarm system designed or intended to summon
a medical response to a location.
To connect an alarm system to a telephone line, either directly
or through a mechanical device that utilizes a standard telephone,
for the purpose of using the telephone line to transmit an alarm notification.
A device and/or system designed to alert and/or warn inhabitants
of and on a premises of a burglar, panic, medical, smoke and/or fire
emergency, but which does not use an alarm notification in conjunction
therewith.
The activation of an alarm system through mechanical or electronic
failure, malfunction, improper installation or the negligence of the
owner or lessee of an alarm system, or, the negligence of their employees
or agents. The following circumstances and/or occurrences shall not,
however, be considered an instance of an invalid alarm:
Alarm notifications caused by the failure or malfunction of
the Department’s monitoring and/or signal receiving systems;
Alarm notifications occurring on a repeated basis but without
an apparent cause, and where, in the sole opinion of the Department,
the alarm business responsible for the alarm system’s installation
and/or servicing, is taking prompt action to remedy the malfunction;
An alarm notification followed by an immediate call to the Department
of Public Safety canceling the alarm notification (by giving the proper
code number or word), and where such call has been made to the Department
prior to one of the Department’s officer’s arrival at
the alarm site; and
Alarm notifications resulting from the servicing of an alarm
system by an alarm business when, prior to said servicing, the alarm
user or his agent has informed the Department that the alarm system
will be repaired or serviced at that particular date and time that
coincides with said alarm notifications.
The record titleholder of real property.
Any individual, corporation, organization, partnership, association,
or any other legal entity. In addition, a word in this article importing
the masculine gender only shall extend to and be applied to females
and to corporations, organizations, partnerships, associations, or
any other legal entities, as well as to males.
That communication device in a direct connect alarm system
that, when activated, transmits by radio an alarm notification to
the Department of Public Safety’s dispatch center.
An alarm system that, when activated, transmits a signal
to an alarm monitoring center.
A structure intended as a dwelling unit including, but not
limited to, one-family dwelling units, apartments, condominiums, townhouses
and duplexes.
A component of an alarm system designed or intended to signal:
Alarm systems and local alarm systems, individually or collectively,
as appropriate, in the context of the provisions of this article.
Any entity that furnishes telephone services to any area
within the Town, and is licensed by the State for such purpose.
The Town of Highland Park, Texas.
The members of the Town Council of the Town of Highland Park,
Texas, individually and/or collectively.
Underwriters Laboratories.
(Ordinance 1684, sec. 2, adopted 2/26/07)
(a)
It
is the responsibility of an alarm user to insure that his security
system operates properly. To that end, an alarm user shall be responsible
for the maintenance of his security system, as well as the reliability
of its operation.
(b)
The
Department may regulate the types of alarm systems that it will permit
to function in the capacity of a direct connect alarm system. In addition,
the Department may test certain alarm systems to insure their compatibility
with the Department’s monitoring and/or signal receiving systems.
The aforesaid acts of the Department shall not, however, serve as
any warranty, representation, and/or guarantee that said alarm system
shall operate properly and reliably at all times.
(c)
A
single or multistation fire alarm system which complies with the National
Fire Protection Association (“NFPA”) Standards (current
edition) and the Texas Insurance Code article 5.43-2 (Fire Detection
and Alarm Devices) and title 28, Texas Administrative Code, section
34.600 et seq. (Fire Alarm Rules) shall be provided throughout:
(1)
All new, Assembly Group A, Business Group B, Educational Group E,
Factory Industrial Group F, Hazardous Group H, Institutional Group
I, Mercantile Group M, Storage Group S, Residential Group R, or Single-Family
and Multifamily Residence, as defined in the 2003 International Fire
Code regardless of floor area, height, fire partitions, exits, sprinkler
systems, manual alarm systems, other requirements or code requirements.
(2)
All existing and new sections of any existing building whenever additions
or alterations result in a fifty percent (50%) increase or a fifty
percent (50%) alteration in the original floor area, or a new alarm
system is installed, in any Assembly Group A, Business Group B, Educational
Group E, Factory Industrial Group F, Hazardous Group H, Institutional
Group I, Mercantile Group M, Storage Group S, Residential Group R,
or Single-Family and Multifamily Residence, as defined in the 2003
International Fire Code, regardless of floor area, height, fire partitions,
exits, sprinkler systems, manual alarms, other requirements or code
requirements.
(3)
All Residential Group R or Multifamily individual dwelling units
shall be individually permitted and each individual dwelling unit
shall have an individual alarm annunciator as defined in the 2003
International Fire Code, section 902.
(4)
Any alteration, modification, or change to an existing fire alarm
system must meet NFPA Standards (current edition).
(5)
For an alarm system in the fire alarm mode, the alarm site’s
annunciator must continue to indicate and/or signal the presence of
smoke and/or fire until manually reset.
(6)
All fire alarm initiating devices shall be connected to a UL listed control panel to communicate alarm signals to either the Town’s monitoring center or other monitoring station as specified in section 4.02.001, alarm monitoring center. Single station 110VAC smoke detectors installed either in stand-alone or tandem configuration do not meet the requirements of this section.
(7)
Reserved.
(d)
Except
where modified or qualified elsewhere herein, the following standards
are required for security systems (and a copy of all standards shall
be available for public inspection at the Department of Public Safety):
(1)
UL and/or ANSI standards:
(A)
All security systems installed in business/commercial establishments
after the effective date of this article shall utilize equipment,
components, and methods of installation equal to or exceeding the
following minimum applicable UL or ANSI standards: UL 609 (ANSI SE2.1-1972) “Local
Burglar Alarm Units and Systems;” UL 636 (ANSI SE2.7- 973) “Hold-up
Alarm Units and Systems;” UL 681 (ANSI SE2.3- 972) “Installation
and Classification of Mercantile and Bank Burglar Alarm Systems.”
All such installations shall be made by an alarm business.
(B)
All security systems installed in residences after the effective
date of this article shall utilize equipment and components which
shall be equivalent to or exceed the minimum applicable UL Standard
1023 (ANSI SE2.4-1972) “Household Burglar Alarm Systems Units.”
All installations shall be made by an alarm business. If the security
system is to include fire protection, then the alarm business, as
well as the alarm agent installing the fire alarm system, must be
licensed with the State Department of Insurance, State Fire Marshal
as required in section 5 of the Texas Insurance Code article 5.43-2
(Fire Detection and Alarm Devices) and title 28, Texas Administrative
Code, section 34.601 et seq. (Fire Alarm Rules), as amended, issued
by the State Fire Marshal. All alarm systems equipped with fire protection
must meet all requirements as set out in the National Fire Alarm Codes
as stated in the National Fire Protection Association Standards (current
edition).
(C)
In those instances where UL and/or ANSI have not established standards
for certain categories of equipment or where new equipment is undergoing
field testing, the Department may require that the security system
be inspected at the expense of the alarm user by a registered professional
engineer who shall certify in writing that the security system is
safe and reliable.
(D)
In accordance with the Texas Occupations Code, “An alarm systems
company shall notify the municipality in which the alarm system is
located of an installation or activation of an alarm system not later
than the 30th day after the date of the installation or activation.”
(2)
Department standards:
(A)
All security systems shall have a standby power supply for the control
panel and the attached equipment. This secondary source of power shall
be so installed that if the main source of power fails, the system
shall not cause an invalid alarm. All standby power supplies shall
be of the rechargeable type and shall be capable of operating the
system for a minimum of seven (7) continuous hours. It is the responsibility
of the alarm user to insure that all batteries utilized as standby
power sources in his security system are tested at least once annually
and replaced when found to be defective. All new installations shall
have rechargeable power supplies installed at the time of the initial
installation of the security system.
(B)
When the alarm site is a business/commercial establishment, and said
alarm site uses the telephone line to transmit an alarm notification
when in the fire alarm mode, the alarm system must be equipped with
a digital alarm communicator transmitter (ACT) as described in the
National Fire Protection Association (NFPA 72), as amended.
(C)
All activation devices utilized in security systems shall be adjusted
so as to reasonably prevent invalid indications of fire or intrusion.
In particular, security systems are not to be activated by natural
phenomena including, but not limited to, transient pressure changes
in water pipes, short flashes of light, wind noises or exterior pressure
changes (such as rattling or vibration of windows or sonic booms)
and vehicular noises adjacent to the alarm site.
(Ordinance 1684, sec. 3, adopted 2/26/07; Ordinance 1816 adopted 1/11/10)
(a)
Direct monitoring by the Department.
As a condition
of an alarm user having DCAS, an alarm user shall have:
(1)
The alarm system comply with the Department’s standards for
DCAS’ installation, maintenance and connections to the Department
and/or the Department’s dispatch center;
(2)
The alarm system currently registered with the Department as provided
herein;
(3)
Paid all fees applicable to DCAS, as set forth by the Town under
the provisions of this article; and
(4)
The alarm system maintained and/or serviced by an alarm business
currently licensed by the State.
(b)
Cancellation of direct monitoring.
For alarm users who
no longer desire to use DCAS, the cancellation of said service may
be accomplished by the alarm user providing a signed written request
to cancel DCAS, giving the address of the alarm site and the date
that the alarm user desires for DCAS to terminate. The Department
of Public Safety may inspect the DCAS alarm site upon cancellation
to verify proper termination of DCAS alarm service.
(c)
Termination of direct monitoring.
Upon reasonable notice
to the alarm user provided by two attempts, thirty days apart, to
deliver such notice by certified mail, the Department of Public Safety
may terminate DCAS under the following circumstances:
(1)
The alarm user vacates the alarm site and the alarm user cancels
the Town’s utility services at and to the alarm site;
(2)
The alarm user fails to obtain or renew the annual alarm registration
as required by ordinance;
(3)
The alarm user fails to pay all fees incurred by invalid alarm signals
activated by the burglar/fire alarm system as required by Town ordinance.
(d)
Restoration of direct monitoring.
A former DCAS alarm user may restore DCAS at an alarm site by complying with the provisions in subsection (a), above. If a person purchases or occupies an alarm site which formerly operated with DCAS, said person may restore DCAS at said alarm site by complying with the provisions in subsection (a), above.
(e)
Restrictions on automatic dialing devices.
No alarm
system with automatic dialing devices shall be keyed to the Department
of Public Safety or otherwise connected to the Department terminals.
Any such alarm system that is keyed to a primary or secondary trunk
line of the Department shall be immediately disconnected at the expense
of the alarm user and/or the alarm agent. Failure to disconnect any
automatic dialing device of an alarm system which is keyed to the
Department shall constitute a violation of this article.
(Ordinance 1684, sec. 4, adopted 2/26/07)
(a)
Testing of direct connect alarm systems.
(1)
As a condition to obtaining DCAS, an alarm user shall permit the
Department to test the alarm system’s operation to insure its
compatibility with the Department’s monitoring and/or signal
receiving systems. The Department shall complete all such tests of
an alarm system contemporaneously with the alarm system becoming connected
to the Department for use and/or operation. Upon request, and prior
to the Department conducting such tests, the Department shall provide
notice to an alarm user of the date and time that the Department shall
conduct said tests.
(2)
If, in the course of the Department’s testing at an alarm site
as provided herein, the Department discovers that the alarm system
and/or the alarm site is in violation of the provisions of this article,
as amended, the Department shall prepare and promptly deliver a written
report to the alarm user explaining and/or specifying such violation(s).
Said report shall also require the alarm user to remedy and/or rectify
said violation(s) within thirty (30) days after the Department’s
delivery of the report to the alarm user. If an alarm user fails to
remedy and/or rectify said violation(s) within that time period allotted
by the Department for same, then the alarm user’s registration
for his alarm system shall be automatically revoked. The Department’s
written report described herein shall also provide notice to the alarm
user of the conditions under which the Department shall automatically
revoke the alarm user’s registration of his alarm system.
(3)
If the Department discovers that a direct connect alarm system is
damaged such that it is unable, for whatever the cause, to provide
the Department with a reliable alarm notification, the Department
shall provide a written report to the alarm user of same. Such written
report shall require the alarm user to remedy and/or rectify said
damage within thirty (30) days after the Department’s delivery
of the report to the alarm user. If an alarm user fails to remedy
and/or rectify said damage within this thirty-day time period, then
the alarm user’s registration for his alarm system shall be
automatically revoked. The Department’s written report described
herein shall also provide notice to the alarm user of the conditions
under which the Department shall automatically revoke the alarm user’s
registration of his alarm system.
(b)
Testing of non-DCAS alarm systems.
For all alarm systems
with a remote signaling system, and which a person and/or an alarm
business installs or upgrades at an alarm site after the effective
date of this article, the Department reserves the right and is hereby
given authority to inspect and test said alarm system to insure its
compliance with the provisions of this article. At such time, the
Department may also review the associated alarm monitoring center’s
manner and means of providing an alarm notification, so as to determine
its compatibility with the communication and receiving system used
by the Department for same. During such tests, in the event that the
Department discovers that said alarm system does not comply with this
article and/or that the Department’s communication and receiving
system is incompatible with that alarm monitoring center’s system
that is to provide the Department with an alarm notification, the
Department will notify the alarm user in writing of same. The Department
will then give the alarm user thirty (30) days to bring said alarm
system into compliance with this article. If an alarm user fails to
come into compliance within this thirty-day time period, then the
alarm user’s registration for his alarm system shall be automatically
revoked.
(Ordinance 1684, sec. 5, adopted 2/26/07)
All security systems equipped with exterior sound-producing
devices, including but not limited to gongs, buzzers, sirens, bells
or horns shall be equipped with a timer and/or an automatic shut-off
mechanism which limits the continuous operation of such sound-producing
device to fifteen (15) minutes. However, in such instance where the
alarm site is a business/commercial establishment, said exterior sound-producing
device shall be equipped to limit its continuous operation to thirty
(30) minutes.
(Ordinance 1684 sec. 6, adopted 2/26/07)
(a)
Registration required for security systems.
A person
who desires to install and/or operate an alarm system or a local alarm
system in the Town after the effective date hereof shall register
said security system with the Department. The Department shall provide
the registration form and assess that fee which is provided for same
by Town resolution.
(b)
Registration information.
The Department’s registration
form shall be signed by the alarm user and shall include, among other
things, the following information:
(1)
The name, address and telephone number of the alarm user;
(2)
The name, address, and telephone number of the alarm business responsible
for installing the security system;
(3)
The name, address, and telephone number of the alarm business that
the alarm user will use for purposes of servicing the security system;
(4)
When the alarm system is not DCAS, the name, address and telephone
number of the alarm monitoring center for that alarm system;
(5)
The name, address and telephone number of at least three (3) other
persons with access to the alarm site protected by the alarm system;
and
(6)
A description of the specific alarm activation devices to be installed
at the alarm site, along with the manufacturer and model number of
said security system’s control panel.
(c)
Annual renewal of registration.
The registration described
herein shall be valid for a twelve-month period from the date that
the Department issues same. Thereafter, and upon the condition that
the Department has not revoked said registration as provided for herein,
an alarm user shall renew his security system’s registration
on an annual basis. If an alarm user fails to renew his security system’s
registration within the thirty (30) days following the expiration
of said twelve-month period, then that alarm system’s registration
with the Department will automatically cancel. Moreover, no security
system registration shall be renewed unless the security system is
in compliance with all the provisions of this article, as amended.
(d)
Continuance of present alarm registrations.
All alarm
registrations on file with the Department prior to this article taking
effect and not in conflict with this article, shall continue in full
force and effect.
(e)
Penalties for alarm registration violations.
(1)
If an alarm user fails to register his security system with the Department,
such act and/or omission shall constitute a violation of this article;
(2)
If an alarm user operates a nonregistered security system, such act
and/or omission shall constitute a violation of this article; and
(3)
Failure of any alarm user to update any of the information requested
in the registration form, as changes occur with the alarm user’s
information, chosen alarm monitoring center, or any alarm system upgrades,
shall constitute a violation of this article.
(f)
Reserved.
(Ordinance 1684, sec. 7, adopted 2/26/07; Ordinance 1816 adopted 1/11/10)
(a)
Alarm system registrations.
The annual fee that an alarm
user shall pay to the Town for the registration of his alarm system
with the Department shall be set by Town Council resolution. All fines
owing to the Town for violations of this article, as amended, and/or
all delinquent penalty payments owing to the Town under the provisions
hereof, must be paid in full before the Department shall renew an
alarm system registration.
(b)
Testing.
No fee shall be charged for an initial testing
by the Department to verify a security system’s compliance with
the regulatory provisions of this article. If and when it is necessary
that, within any twelve-month period, the Department “retests”
a security system in order to verify said security system’s
compliance with the regulatory provisions of this article, the fee
for same shall be set by Town Council resolution. The fee for any
subsequent retesting of that alarm system during said twelve-month
period shall also be set by Town Council resolution.
(c)
Re-registration.
The fee for each re-registration of
an alarm system which the Department previously revoked under the
provisions of this article shall be set by Town Council resolution.
(d)
All
fees and service charges authorized in this article shall be billed
to the alarm user through the Town’s utility billing system
and shall be payable, including any late charges or penalties, as
provided in Town Ordinance Number 851, as amended, which regulates
the payment and collection of utility bills.
(e)
Reserved.
(Ordinance 1684, sec. 8, adopted 2/26/07; Ordinance 1816 adopted 1/11/10)
(a)
Charges for invalid alarms.
The first five (5) invalid
alarms at an alarm site during any twelve-month period, and to which
the Department responds by sending one of the Department’s officers
to the alarm site, shall not result in a service charge to the alarm
user. Thereafter, and during said twelve-month period, each such additional
response shall result in a fee set by Town Council resolution. Each
Department response to an invalid alarm shall remain on file with
the Department.
(b)
Alarm registration revocation.
The Department reserves
the right to revoke an alarm user’s security system registration
with the Department if more than five (5) invalid alarms at his alarm
site are responded to by the Department, as described above, in the
same calendar month, or, more than twelve (12) in any twelve-month
period. In addition, the Department may revoke an alarm user’s
registration if said alarm user fails to pay all invalid alarm charges
to the Town within thirty (30) days of that invalid alarm to which
the penalty set forth herein applies.
(c)
Re-registration.
In such instances where the Department
revokes an alarm user’s registration of his security system,
nothing herein shall prevent said alarm user from coming into compliance
with the provisions of this article, and re-registering his security
system with the Department.
(Ordinance 1684, sec. 9, adopted 2/26/07)
(a)
Any
notice provided for in this article, and to be given by the Department,
shall be in writing and shall be deemed given when personally delivered
to the alarm user, or two (2) business days after being deposited
in the United States mail, postage prepaid, certified, and return
receipt requested, to the address stated in the alarm user’s
registration form for the alarm system in question, or, two (2) business
days after the Department affixes such notice on the doorway/entryway
of the alarm site in question.
(b)
The
Department of Public Safety shall prepare a written notice of the
requirements of this article to be distributed by the Building Inspection
Department at the time application for a building permit is made.
By obtaining a building permit for work within the scope of this article,
the applicant agrees to abide by this article and allow the reasonable
inspection of the premises by the Department of Public Safety for
compliance with this article.
(Ordinance 1684, sec. 10, adopted 2/26/07)
In addition to those penalties previously set forth herein, any person that shall fail to comply with or that shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined as provided in section 1.01.009 of this code.
(Ordinance 1684, sec. 11, adopted 2/26/07)
