Editor's note—Ordinance 256, secs. 2-16, adopted March 6, 1989, did not specifically amend the Code, hence inclusion herein as Ch. 2.5, secs. 2.5-1-2.5-15 was at the discretion of the editor. Sections 1 and 17, providing for the preamble and severability have been omitted from codification.
For the purposes of this chapter the following definitions shall apply:
Alarm system
shall mean individually or collectively a burglar alarm protection service, fire alarm protection service, burglar alarm system or fire alarm system.
Burglar alarm protection service
shall mean any service whereby the person providing such service employs electronic or mechanical means to detect the unlawful entry or attempted unlawful entry into premises within the city, the report of which is then transmitted to the police department of the city or is in any manner connected with the communication system of the police department of the city.
Burglar alarm system
shall mean a local protective signaling system so designated and operated that both the equipment for detecting unlawful entry and the equipment for sounding a warning thereof by bell, horn, siren or other means are located on the particular premises being protected, and the warning sound is designed to be heard or capable of being heard outside the premises at a distance of fifty (50) feet from said premises.
City
shall mean the City of El Lago, Texas.
False alarm
shall mean the activation of any alarm system which was not the result of an emergency or threat of emergency of the kind for which the burglar alarm protection service, fire alarm protection service, burglar alarm system or fire alarm system was designed to give notice.
Fire alarm protection service
shall mean any service whereby the person providing such services employs electronic or mechanical means to detect the presence of fire on any premises in the city, the report of which is then transmitted to the police department or fire department of the city or is in any manner connected with the fire alarm communication system of the police department or fire department of the city.
Fire alarm system
shall mean a local protective signaling system so designed and operated that both the equipment for detecting fire and the equipment for sounding a warning thereof by bell, horn, siren or other means are located on the particular premises being protected, and the warning sound is designed to be heard or capable of being heard outside the premises at a distance of fifty (50) feet from said premises.
Fire department
shall mean the fire department of the city.
Person
shall mean any individual, partnership, corporation or association.
Police department
shall mean the police department of the city.
(Ordinance 256, sec. 2, adopted 3/6/89)
It shall be unlawful for any person to install, cause to be installed, or permit the installation of a burglar alarm system or fire alarm system within the city without filing a registration of same with the city secretary of the city. Applications for registration shall be available at the city office, and each application shall comply with section 2.5-5 below; provided however, in the event said burglar alarm system or fire alarm system is used in conjunction or in combination with a burglar alarm protection service or fire alarm protection service, then in such event the application shall also comply with section 2.5-6 below.
(Ordinance 256, sec. 3, adopted 3/6/89)
It shall be unlawful for any person to install, cause to be installed, or permit the installation of a burglar alarm protection service or fire alarm protection service within the city without filing a registration of same with the city secretary of the city. Applications for registration shall be available at the city office, and each application shall comply with section 2.5-6 below.
(Ordinance 256, sec. 4, adopted 3/6/89)
It shall be unlawful for any person to operate or permit the operation of a burglar alarm system, fire alarm system, burglar alarm protection service or fire alarm protection service on property over which such person has control which was installed prior to the effective date of this chapter unless such person has registered such burglar alarm system, fire alarm system, burglar alarm protection service or fire alarm protection service within ninety (90) days from the effective date of this chapter.
(Ordinance 256, sec. 5, adopted 3/6/89)
Application for registration of a burglar alarm system or fire alarm system shall be made by a person having control over the property on which the burglar alarm system or fire alarm system is to be installed and operated or is being operated. Applications shall be filed with the city secretary and shall contain the following:
(1) 
The street address of the property on which said alarm system is installed;
(2) 
The name and telephone number of the occupant of the premises on which said alarm system is installed;
(3) 
If an occupant is not the owner, the name, address, and telephone number of the owner of the property on which the said alarm system is installed;
(4) 
The name, address and telephone number of two (2) persons to be notified in the event said alarm system is activated. The names of the persons shall be given only if they are able and have agreed:
(a) 
To receive notification at any time;
(b) 
To come to the site of said alarm system within one hour after receiving a request from a member of the police department; and
(c) 
To grant access to the site of said alarm system and to deactivate the alarm if such becomes necessary; or
(5) 
The name, address and telephone number of person to be notified to render service or repairs during any hour of the day or night that said alarm system sounds.
(Ordinance 256, sec. 6, adopted 3/6/89)
Applications for registration of a burglar alarm protection service and any included burglar alarm system, or fire alarm protection service and any included fire alarm system shall be made by a person having control over the property on which the alarm system is to be installed and operated or is being operated. Applications shall be filed with the city secretary and shall contain the following:
(1) 
The street address of the property on which said alarm system is installed;
(2) 
The name and telephone number of the occupant of the premises on which said alarm system is installed;
(3) 
If an occupant is not the owner, the name, address and telephone number of the owner of the property on which said alarm system is installed;
(4) 
The name, address, and telephone number of the person providing the burglar alarm protection service or fire alarm protection service.
(5) 
If a burglar alarm protection service includes a burglar alarm system or if a fire alarm protection service includes a fire alarm system, the information specified in section 2.5-5(4) and (5) of this chapter.
(Ordinance 256, sec. 7, adopted 3/6/89)
Each registration issued in accordance with this chapter shall be valid initially through December thirty-first of the year in which it was issued. The registration shall be renewed annually during each succeeding January in accordance with sections 2.5-5 and 2.5-6 above. Provided, however, that no registration shall be renewed to any person who has failed to pay any fees assessed pursuant to section 2.5-11 below until such time as all such assessed fees and all fees charged to said person under section 2.5-8 below have been paid in full.
(Ordinance 256, sec. 8, adopted 3/6/89; Ordinance 256-A adopted 2/18/91; Ordinance 256-B adopted 11/4/91)
The fee for the first registration pursuant to this chapter shall be five dollars ($5.00), and the fee for each annual renewal of such registration shall be five dollars ($5.00).
(Ordinance 256, sec. 9, adopted 3/6/89; Ordinance 256C, sec. 1(9), adopted 6/4/01)
Each registration issued pursuant to this chapter shall be personal to the applicant and is not transferable. Provided, however, that the fee for each renewal of any registration for a person who has failed to pay any fees assessed pursuant to section 2.5-11 below as of December 31 of the registration year shall be fifty-two dollars ($52.00).
(Ordinance 256, sec. 10, adopted 3/6/89; Ordinance 256-B adopted 11/4/91)
Copies of registration certificates shall be issued by the city secretary at the time a valid application is made. The holder of the registration certificate shall keep same at the location of the premises being protected and shall produce such permit for inspection upon the request of any member of the police department or fire department.
(Ordinance 256, sec. 11, adopted 3/6/89)
The police department and/or fire department of the city will respond to proper notification of activation of an alarm system without charge except, the following fees shall be charged for each response by the police department and/or fire department to notification of activation of an alarm system in excess of five (5) alarms from the same site of an alarm system within the previous twelve-month period:
(1) 
Thirty-five dollars ($35.00) for each response to notification of activation of an alarm system in excess of five (5) alarms within the previous twelve-month period for burglar alarms.
(2) 
Two hundred dollars ($200.00) for each response to notification of activation of an alarm system in excess of five (5) alarms within the previous twelve-month period for fire alarms.
Provided, however, no fee will be charged for a response to notification of the activation of an alarm system if the registration certificate holder shows that the activation was not a false alarm, and any response by the police department and/or fire department to notification of the activation of an alarm system will not be included in determining the fees set out above if the registration certificate holder shows that such was not a false alarm. For purposes of determining the fees set out above, the burden shall be on the owner of the alarm system to prove that the activation of the alarm system was not a false alarm.
(Ordinance 256, sec. 12, adopted 3/6/89; Ordinance 256C, sec. 2(12), adopted 6/4/01)
(a) 
It shall be unlawful for any person to install, cause to be installed, or permit the installation of any burglar alarm system or fire alarm system within the city which is not equipped with a shut-off device. For the purposes of this section a “shut-off device” shall mean an automatic device which causes the audible signal of the alarm to shut-off and discontinue after a period of time not to exceed fifteen (15) minutes from the time of the commencement of the emission of such audible signal.
(b) 
It shall be unlawful for any person to operate, cause to be operated, or permit the operation of a burglar alarm system or fire alarm system within the city which is not equipped with a shut-off device designed and adjusted to discontinue the emission of the audible signal of such alarm within fifteen (15) minutes from the time of the commencement of the emission of such audible signal.
(1) 
Exception.
A person in control of property upon which a burglar alarm system or fire alarm system is operating on the effective date of this chapter shall not be deemed in violation of subsection (b) next above for a period of three (3) months from the effective date of this chapter.
(c) 
It shall be unlawful for any person to install, cause to be installed, or permit the installation of any alarm system within the city equipped with an automatic dialing device unless same is equipped with a means to automatically disconnect and discontinue the transmittal of said prerecorded message after same has been communicated to the police department or fire department. For the purposes of this section, an automatic dialing device is any device connected to any alarm system which automatically sends a prerecorded message indicating the activation of the alarm system to the police department or fire department.
(d) 
It shall be unlawful for any person to operate, cause to be operated, or permit the operation of an alarm system within the city equipped with an automatic dialing device unless same is equipped with a means to automatically disconnect and discontinue the transmittal of said prerecorded message after same has been communicated to the police department or fire department.
(1) 
Exception.
A person in control of property upon which an alarm system is operating on the effective date of this chapter shall not be deemed in violation of subsection (d) next above for a period of three (3) months from the effective date of this chapter.
(e) 
Sprinkler system exception.
Notwithstanding any other provision of this chapter to the contrary, the provisions of subsections (a), (b), and (d) of this section shall not apply to any fire alarm system or fire alarm protection service, or the erection, operation or maintenance thereof, if such system or service activates, operates or deactivates a sprinkler system.
For the purposes of this subsection, the term “sprinkler system” shall mean a sprinkler system for life protection purposes and is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes a water supply, such as a gravity tank, fire pump, reservoir or pressure tank and/or connection by underground piping to a city main. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for activating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area.
(Ordinance 256, sec. 13, adopted 3/6/89)
No person shall intentionally activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice; provided, however, it shall be an affirmative defense to prosecution under this section that the alarm system was activated solely for the purpose of testing the alarm system and the person who tested the alarm took reasonable precautions to avoid any request being made to the police department or fire department to respond to such alarm. This section shall not apply to conduct which is in violation of Section 42.06 of the Penal Code of the State of Texas.
(Ordinance 256, sec. 14, adopted 3/6/89)
All information received by the city as required by this chapter shall be deemed confidential and not a matter of public record. No such information shall be released to any person other than necessary city administrative, police, and fire personnel unless specifically authorized, in writing, by the person in control of the property about which such information is related.
(Ordinance 256, sec. 15, adopted 3/6/89)
Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than thirty dollars ($30.00) nor more than two thousand dollars ($2,000.00).
Each holder of a registration certificate and each person having control over property on which an alarm system is installed has an affirmative duty to comply with all provisions of this chapter, and it shall not be a defense to prosecution of such a person that he was acting without culpable mental state.
(Ordinance 256, sec. 16, adopted 3/6/89)