(a) 
The purpose of this article is to provide minimum standards and regulations applicable to alarm systems, alarm businesses, and alarm users as defined in this article.
(b) 
Alarm permitting is not intended to, nor will it, 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 permit holder acknowledges that police department response may be influenced by factors such as the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1301)
(a) 
Responsibility for administration of this article is vested with the town administrator or designee.
(b) 
The chief of police shall be the alarm administrator to carry out the duties and functions described in this article.
(c) 
Monies generated by false alarm service fees and registration fees assessed pursuant to this article shall be used for administration of the alarm program and for recovery of general police services lost to false alarm response.
(d) 
The town administrator and/or the chief of police may conduct an annual evaluation and analysis of the effectiveness of this article and identify and implement system improvements, as warranted.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1302)
(a) 
The permit requirements and regulations set forth in this article in no way constitute an endorsement of any business or of the concept of alarm systems as a positive aid to the police department, and do not obligate town emergency personnel to respond in any manner to any notification as a result of a summons based on an alarm system.
(b) 
The fact of emergency personnel response(s) to one or more alarm system notifications in no way is to be construed as the policy of the town or the intent of this article. The establishment of such policy by this article is expressly denied.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1303)
Alarm administrator.
The chief of police. He/she shall administer, control and review false alarm reduction efforts and administer the provisions of this article.
Alarm installation company.
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”).
Alarm notification.
A communication intended to summon emergency personnel, which is designed either to be initiated purposely or by the person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion.
Alarm permit holder.
A person who has received an alarm system permit, as required by this article.
Alarm response manager (ARM).
A person designated by an alarm installation company to handle alarm issues for the company and act as the primary point of contact for the jurisdiction’s alarm administrator.
Alarm site.
A single fixed premises or location served by an alarm system or systems. Each unit, if served by a separate alarm system in a multi-unit building or complex, shall be considered a separate alarm site. If an alarm site includes a multi-unit dwelling where the owner of such dwelling provides or makes available an alarm system for his tenants then, for purposes of the issuance of a permit, each tenant shall obtain a separate alarm permit for their respective unit.
Alarm system.
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 emits or transmits 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:
(1) 
An alarm installed in a vehicle or on someone’s person unless the vehicle or the personal alarm is permanently located at a site;
(2) 
Any device or system designed solely to detect or give notice of fire, smoke, or water flow;
(3) 
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.
Alarm system user.
A person who owns or controls the premises upon which an alarm system is located.
ANSI/SIA Control Panel Standard CP-01.
The ANSI - American National Standards Institute approved Security Industry Association - SIA CP-01 Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce the incidence of false alarms. Control panels built and tested to this standard by Underwriters’ Laboratory (UL) or other nationally recognized testing organizations will be marked to state: “Design evaluated in accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction.”
Emergency personnel.
Police personnel or fire personnel of the town.
False alarm notification.
The activation of an alarm system that results in notification to town emergency personnel and response by emergency personnel at a time when the responding personnel find no evidence of unauthorized intrusion, attempted unauthorized intrusion, robbery, attempted robbery, or any other violation that the alarm system was intended to report.
Local alarm.
An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure.
Monitoring.
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.
Monitoring company.
A person in the business of providing monitoring services.
One Plus duress alarm.
The manual activation of a silent alarm signal by entering at an arming station a code that adds one to the last digit of the normal arm/disarm code (e.g., normal code = 1234, One Plus Duress Code = 1235).
Person.
An individual, corporation, partnership, association, organization, or similar entity.
Police department.
The police department of the town.
Protective/reactive alarm system.
An alarm system that is wired or connected to produce a temporary disability or sensory deprivation through use of chemical, electrical or sonic defense, or by any other means, including use of vision obscuring/disabling devices.
Robbery alarm (also duress alarm or hold-up alarm).
An alarm signal generated by the manual or automatic activation of a device, or any system, device, or mechanism on or near the premises, intended to signal that a robbery or other crime is in progress, and that one or more persons are in need of immediate police assistance in order to avoid injury, serious bodily harm or death at the hands of the perpetrator of the robbery or other crime.
Special trunkline.
A telephone line leading into the communications center of the police or fire department that is for the primary purpose of receiving alarm notifications.
Verify.
An attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm permit holder by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting a police dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this article, telephone verification shall require as a minimum that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting an officer dispatch. Names and numbers of those contacted or attempted to contact must be provided when requested.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1304)
(a) 
It shall be unlawful to operate an alarm system during the period in which an alarm permit is under revocation. Each day 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 4.02.007. Each day of such operation shall constitute a separate offense.
(c) 
Any person in violation of any provision of this article shall be subject to a fine not to exceed five hundred dollars ($500.00).
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1324)
The United States government, the state, or any county government or school district situated within the corporate town limits shall comply with the requirements of this article; provided, however, that they shall be exempt from the payment of fees.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1323)
(a) 
Registration of existing alarm systems.
Any alarm system which has been installed before the effective date of this article shall be registered by the alarm permit holders within sixty (60) days of such effective date. Within (15) days of an alarm installation company or monitoring company being notified in writing from the alarm administer [the company] shall provide a list of existing alarm permit holders within the town limits.
(b) 
Permit required.
No person shall operate, cause to be operated, or permit the operation of an alarm system unless a valid permit has been issued by the alarm administrator for such system. This requirement is applicable to the person in control of the property which the alarm system is designed to protect.
(c) 
Permit required for each alarm site.
An alarm system user or his agent shall obtain a permit for each alarm site.
(d) 
Issuance.
Upon receipt of a completed application form, the town administrator or designee shall issue an alarm permit to the applicant unless the applicant has failed to pay a service fee as established by the fee schedule adopted by the town, or has had an alarm permit for the alarm site revoked and the violation causing the revocation has not been corrected.
(e) 
Application.
Each permit application must contain the following information:
(1) 
The 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;
(5) 
The name, address and phone number of two other persons authorized to respond to an alarm in the event the permit holder is unavailable;
(6) 
Any other information required by the alarm administrator which is necessary for the enforcement of this article;
(7) 
The name, address and telephone number of the alarm monitoring company, if any;
(8) 
Any dangerous or special conditions present at the alarm site such as dogs or other animals or any type of alarm system that is rigged to produce a temporary disability or sensory deprivation through use of chemical, electrical or sonic defense, or by other means, including use of vision obscuring/disabling devices.
(f) 
Denial or revocation.
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) 
Permit nontransferable; notification of changes.
An alarm permit is nontransferable to any other person or entity. A permit holder shall inform the alarm administrator of any change that alters information listed on the permit application within five (5) days of the occurrence of the change.
(h) 
Fees.
All fees for an alarm permit or an alarm permit renewal shall be established by resolution of the town council and must be paid before a permit may be issued or renewed.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1305)
A permit is valid, unless revoked, from the date of issuance until December 31 of the current calendar year, unless the permit is issued in December, in which case the permit will be valid until December 31 of the following year. All permits issued during 2007 are valid until December 31, 2008. A permit will be automatically renewed for a one-year period, unless revoked, upon receipt of the annual fee and an updated application form, unless cancelled by the permit holder.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1306)
(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 town to repair or inactivate a malfunctioning alarm system, to provide access to 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 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 ten (10) minutes after being activated.
(c) 
All alarm permit holders shall agree with their alarm installation company and/or monitoring company to go through an “acclimation period” for the first seven (7) days after installation of an alarm system, during which time the alarm installation company and/or monitoring company will have no obligation to and will not respond to any alarm signal from the alarm site and will not make an alarm dispatch request to the police department, even if the alarm signal is the result of an actual alarm event.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1307)
A permit holder or person in control of an alarm system which has an automatic resetting device, and which system causes three (3) or more alarms within a twenty-four-hour period, shall manually reset the system.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1308)
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 town, or is not licensed by the state private security bureau.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1309)
A person who is engaged in the business of relaying alarm notifications to the town shall:
(1) 
Make notification by a human operator only after attempting to call the permit holder or person in control of the premises a minimum of two times, to two different numbers, prior to reporting the alarm response to the entity responsible for dispatching police services for the town.
(2) 
Report alarms only on special trunk lines designated by the alarm administrator.
(3) 
Communicate alarm notifications to the town in a manner and form designated by the alarm administrator.
(4) 
Notify the entity responsible for dispatching police services for the town of any alarm site that it knows, or reasonably should know, is fitted with a protective-reactive device. A responsible party for the alarm site should be contacted and confirm that he/she will respond to the alarm site to disarm the device. In all cases where a protective-reactive device is present at an alarm site, the police dispatch request shall include a warning for officers not to enter the alarm site until the responsible party is present and has disarmed the device.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1310)
(a) 
A person engaged in the business of selling, leasing, installing, or otherwise distributing alarm systems shall maintain records at its place of business which will show the names and addresses of persons to whom an alarm system was sold, leased, installed, or otherwise distributed, as well as the date of such transactions.
(b) 
Said alarm businesses or persons shall make said records available during regular business hours to the alarm administrator or his designee for inspection. The express purpose of this section is to assure that alarm system users are in compliance with this article, and not to regulate in any manner any person engaged in the alarm business.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1311)
(a) 
On the installation or activation of an alarm system, an alarm systems company shall distribute to the occupant of the alarm system town information summarizing:
(1) 
The applicable law relating to false alarms, including the potential for penalties and revocation or suspension of a permit;
(2) 
How to prevent false alarms; and
(3) 
How to operate the alarm system.
(b) 
An alarm systems company shall notify the town 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. The alarm systems company shall provide to the town:
(1) 
The alarm systems company name;
(2) 
The alarm systems company license number;
(3) 
The name of the occupant of the alarm system location;
(4) 
The address of the alarm system location; and
(5) 
The date of installation or activation.
(c) 
An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide a complete list of the acquired customers, in a format the alarm company is capable of producing, that includes the following:
(1) 
Permit number (where applicable);
(2) 
Customer name;
(3) 
Alarm site address;
(4) 
Acquisition date;
(5) 
Alarm company license number.
The duties imposed by this section on an alarm installation company do not apply to the installation or activation of a personal emergency response system, as defined under Texas Occupations Code, section 1702.331.
(d) 
Upon the effective date of this article, alarm installation companies shall not program alarm systems so that they are capable of sending One Plus duress alarms. Monitoring companies may continue to report One Plus duress alarms received from alarm systems programmed with One Plus duress alarms prior to enactment of this article. However, upon the effective date of this article, when a takeover or conversion occurs, an alarm installation company must remove the One Plus duress alarm capability from such alarm systems.
(e) 
Upon the effective date of this article, alarm installation companies shall not install a device to activate a holdup alarm which is a single action, non-recessed button.
(f) 
Upon the effective date of this article, an alarm installation company may not install any alarm system that includes a detection device control panel unless the control panel meets or exceeds ANSI/SIA CP-01-Control Panel Standard - Features for False Alarm Reduction.
(g) 
An alarm installation or monitoring company shall not use automatic voice dialers.
(h) 
The monitoring company shall not make an alarm dispatch request of the police department in response to a burglar alarm signal, excluding robbery, panic, duress and holdup signals, during the first seven (7) days following an alarm system installation. The alarm administrator may grant an alarm user’s request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1312)
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 the police department of the town and then transmit any prerecorded message or signal.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1313)
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.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1314)
(a) 
Emergency personnel responding to a dispatch resulting from an alarm system notification shall record such information as necessary to permit the alarm administrator to maintain records, including, but not limited to, the following information:
(1) 
Identification of the permit holder;
(2) 
Identification of the alarm site;
(3) 
Time of notification, and time dispatched, arrived, and cleared;
(4) 
Time of day, date;
(5) 
Weather conditions;
(6) 
Name of the permit holder’s representative on the premises if any.
(b) 
Responding personnel shall indicate on the dispatch record whether the notification was caused by a false alarm.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1315)
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 alarm administrator may require a conference with an alarm permit holder and the individual or association 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 on mailing to the permit holder, such notice to be effective on mailing to the permit holder at the address listed on the application.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1316)
An alarm permit holder shall be subject to fees for services, depending on the number of false alarms within the preceding 12-month period, as established by the fee schedule in appendix A of this code.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1317)
The alarm administrator may revoke an alarm 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) 
The permit holder has failed to make payment of any service fee, permit fee, late fee or revocation hearing fee assessed under this article within ninety (90) days of the assessment;
(4) 
Failure to attend the conference provided for in section 4.02.018.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1318)
(a) 
If the alarm administrator assesses a fine or denies the issuance, renewal or reinstatement of an alarm permit, the alarm administrator shall send written notice of the action and a statement of the right to an appeal to the affected applicant or the alarm permit holder and the alarm installation company and/or monitoring company.
(b) 
The alarm permit holder, alarm installation company or monitoring company may appeal an assessment of a fine or the revocation of an alarm permit to the alarm administrator by setting forth in writing the reasons for the appeal within fifteen (15) business days after receipt of the fine or notice of revocation.
(c) 
The alarm user or the alarm installation company or monitoring company may appeal the decision of the alarm administrator to the town as follows:
(1) 
The applicant, alarm permit holder, alarm installation company or monitoring company may file a written request for a review by paying an appeal fee as established by the fee schedule adopted by the town council and setting forth the reasons for the appeal within twenty (20) business days after the date of notification of the decision from the alarm administrator. Appeal fees will be returned to the appealing alarm permit holder, alarm installation company or monitoring company if the appeal is upheld.
(2) 
The town shall conduct a hearing within thirty (30) days of the receipt of the request and consider the evidence by any interested person(s). The town shall make its decision on the basis of the preponderance of evidence presented at the hearing. The town must render a decision within fifteen (15) days after the date of the hearing. The town shall affirm or reverse the decision of the alarm administrator.
(d) 
Filing of a request for appeal shall stay the action by the alarm administrator revoking an alarm permit or requiring payment of a fine until the law enforcement authority has completed its review. If a request for appeal is not made within the twenty (20) business day period, the action of the alarm administrator is final.
(e) 
The alarm administrator or law enforcement authority may adjust the count of false alarms based on:
(1) 
Evidence that a false alarm was caused by an act of God;
(2) 
Evidence that a false alarm was caused by action of the telephone company;
(3) 
Evidence that a false alarm was caused by a power outage lasting longer than four (4) hours;
(4) 
Evidence that the alarm dispatch request was not a false alarm;
(5) 
Evidence that the police department response was not completed in a timely fashion; and/or
(6) 
In determining the number of false alarms, multiple alarms occurring in any twenty-four-hour period shall be counted as one false alarm, to allow the alarm user time to take corrective action, unless the false alarms are directly caused by the alarm user.
(f) 
If the town [alarm administrator] 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 alarm administrator to the town administrator [by filing] a written request for a hearing setting forth the reason for the appeal, within ten (10) days after receipt of the notice of the alarm administrator. The filing of a request for an appeal hearing with the town administrator stays the action of the alarm administrator as to the denial of a permit or the revocation of a permit until the assistant town administrator makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the alarm administrator is final.
(g) 
The town administrator or designee 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; the hearing officer shall make his decision on the basis of a preponderance of the evidence present within thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the alarm administrator. The decision of the hearing officer is final as to administrative remedies within the town.
(h) 
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, within the scope of this employment.
(i) 
An appeal hearing fee as established by the adopted fee schedule shall be paid before a permit appeals hearing will be scheduled with the town administrator. The fee will be returned if the appeal hearing is upheld.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1319)
(a) 
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 the required permit fees, and a reinstatement fee as established by the adopted fee schedule.
(b) 
The applicant shall also submit satisfactory proof of compliance with this article. In addition, the alarm administrator may require one or more of the following as a condition to reinstatement:
(1) 
Proof that an employee of the alarm installation company or monitoring company caused the false alarm;
(2) 
Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01;
(3) 
A written statement from an independent inspector designated by the alarm administrator or designee that the alarm system has been inspected and is in good working order;
(4) 
Confirmation that all motion detectors are “dual technology” type;
(5) 
Confirmation that the alarm system requires two independent zones to trigger before transmitting an alarm signal to the monitoring company;
(6) 
Confirmation that the alarm system requires two independent detectors to trigger before transmitting an alarm signal to the monitoring company;
(7) 
Certification that the monitoring company will not make an alarm dispatch request unless the need for a officer is confirmed by a listen-in device;
(8) 
Certification that the monitoring company will not request an alarm dispatch unless the need for a officer is confirmed by a camera device; or
(9) 
Certification that the monitoring company will not make an alarm dispatch request unless the need for a officer is confirmed by a person at the alarm site;
(10) 
The alarm user successfully completes an on-line alarm awareness class and test.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1321)
All information provided by a permit holder pursuant to this article shall be confidential to the extent possible under Texas Public Information Act, section 552.001 et seq. Texas Government Code, and shall be utilized solely by the police department; provided that said information shall be available to the permit holder.
(Ordinance 440-07 adopted 11/20/07; 2004 Code, sec. 3.1322)