(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
(a)
An alarm
user or person in control of an alarm system shall:
(1)
Maintain
premises containing an alarm system in a manner which insures 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 45 minutes when notified
by the police department to repair or inactivate a malfunctioning
alarm system, to provide access to the premises, or to provide security
for the premises;
(4)
Notify
the police department prior to any repair or testing of an alarm system
where a false signal might be transmitted; and
(5)
Not manually activate an alarm system for any reason other than an occurrence of an event that the alarm system is intended to report, except as stated in subsection (a)(4) of [this] section.
(6)
Not
use automatic voice dialing devices.
(b)
An alarm
user or person in control of an alarm system shall maintain at each
alarm site, a set of written operating instructions for each alarm
system.
(c)
An alarm
user or person in control of an alarm system shall agree with their
alarm installation company and/or monitoring company to go through
an "acclimation period" for the first seven 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 burglar alarm signal, excluding panic, duress and holdup
signals, from the alarm site and will not make an alarm notification
to the police department, even if the burglar alarm signal is the
result of an actual alarm event.
The alarm administrator may waive this prohibition because of
an imminent danger to people or property. An alarm installation company
and/or monitoring company must comply with these procedures when requesting
police response to an alarm signal. The police department may refuse
to respond if the alarm business does not follow these procedures.
(d)
An alarm
user or person in control of an alarm system shall adjust the mechanism
or cause the mechanism to be adjusted so that an alarm system, after
being activated, will sound for no longer than:
(1)
Thirty
minutes for an alarm system installed before January 1, 2007, except
as otherwise provided in subsection (d)(2)b. of this section; and
(e)
An alarm
user or person in control of an alarm system shall adjust the mechanism
or cause the mechanism to be adjusted so that an alarm system shall
not make a sound similar to that of sirens on emergency vehicles or
civil defense warning systems.
(f)
An alarm
user or person in control of an alarm system shall adjust the alarm
system or cause the alarm system to be adjusted so that upon activation
the alarm system will not transmit another alarm signal from the same
zone without first being manually reset.
(g)
Individuals
that have installed their own system, local alarms, as well as firms
with proprietary systems shall comply with all of the requirements
in this section.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
(a)
Upon
the installation or activation of an alarm system, the alarm installation
company shall distribute to the alarm user information summarizing:
(1)
The
applicable law relating to false alarms, including the potential for
penalties and revocation or suspension of an alarm registration;
(2)
How
to prevent false alarms;
(3)
How
to operate the alarm system; and
(4)
Ensure
that all alarm users of alarm systems equipped with a duress, holdup
or panic alarm are given adequate training as to the proper use of
the duress, holdup or panic alarm.
(b)
The
alarm installation company shall notify the alarm administrator 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
installation company shall provide to the alarm administrator:
(d)
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 V.T.C.A., Occupation Code, §
1702.331.
(e)
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.
(f)
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.
(g)
An alarm
installation company may not install any alarm system on or after
January 1, 2007, 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. This includes any existing detection
device control panel that must be upgraded or replaced.
(h)
An alarm
installation or monitoring company shall not use automatic voice dialers.
(i)
The
monitoring company shall not make an alarm notification in response
to a burglar alarm signal, excluding panic, duress and holdup signals,
during the first seven 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.
(j)
A monitoring
company shall:
(1)
Report
alarm signals by using the special trunkline designated by the alarm
administrator;
(2)
Verify
every alarm signal, except a duress or holdup alarm activation before
requesting a police response to an alarm system signal;
(3)
Communicate
alarm notifications to the police department in a manner and form
determined by the alarm administrator;
(4)
Communicate
cancellations to the police department in a manner and form determined
by the alarm administrator;
(5)
Communicate
any available information (registration number, north, south, cross
street, subdivision, front, back, floor, etc.) about the location
on all alarm signals related to the alarm notification;
(6)
Communicate
type of alarm activation (silent or audible, interior or perimeter);
(7)
After
an alarm notification, promptly advise the police department if the
monitoring company knows that the alarm user or the responder is on
the way to the alarm site;
(8)
Attempt
to contact the alarm user or responder within 24 hours via mail, fax,
telephone or other electronic means when an alarm notification is
made;
(9)
Upon
the effective date of this article, monitoring companies must maintain
for a period of at least one year from the date of the alarm notification,
records relating to alarm notification. records must include the name,
address and telephone number of the alarm user, the alarm system zone(s)
activated, the time of alarm notification and evidence of an attempt
to verify. The alarm administrator may make a written request for
copies of such records for individually named alarm users. If the
request is made within 60 days of an alarm notification, the monitoring
company shall furnish requested records within three business days
of receiving the request. If the records are requested between 60
days to one year after an alarm notification, the monitoring company
shall furnish the requested records within 30 days of receiving the
request; and
(10)
Upon the effective date of this article, monitoring companies must
immediately provide the police department with the names and phone
numbers of the alarm user's emergency contacts, at the time of the
alarm notification or within a reasonable amount of time after the
alarm notification if the police department calls back to request
the information.
(k)
An alarm
installation company and/or monitoring company shall provide the alarm
administrator with a complete list of active customers on January
1 of each year, to assist the alarm administrator with creating and
maintaining the police department's tracking data. The customer information
will be provided in a format the alarm company is capable of producing
and will include the following:
(l)
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:
(m)
Information
provided to a governmental body under this section is confidential
and may not be disclosed to the public except as required by law.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
All alarm installation companies and monitoring companies shall
maintain a license through the state department of public safety private
security bureau.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
(b)
The
alarm administrator shall establish a procedure to record such information
on alarm notifications necessary to permit the alarm administrator
to maintain records, including, but not limited to, the information
listed below:
(1)
Identification
of the alarm registration number for the alarm site;
(2)
Identification
of the alarm site;
(3)
Date
and time alarm notification was received, including the name of the
monitoring company and the monitoring operator name or number;
(4)
Date
and time of police officer arrival at the alarm site;
(5)
Zone
and zone description, if available;
(6)
Weather
conditions;
(7)
Name
of alarm user's representative at alarm site, if any;
(8)
Identification
of the responsible alarm installation company or monitoring company;
(9)
Whether
police officer was unable to locate the address of the alarm site;
and
(10)
Cause of alarm signal, if known.
(c)
The
alarm administrator shall establish a procedure for the notification
to the alarm user of a false alarm fine. The notice shall include
the following information:
(1)
The
date and time of police officer response to the false alarm;
(2)
The
identification number of the responding police officer;
(3)
The
amount of the fine(s); and
(4)
A
statement urging the alarm user to ensure that the alarm system is
properly operated, inspected, and serviced in order to avoid false
alarms and resulting fines.
(d)
The
alarm administrator may require a conference with an alarm user and
the alarm installation company and/or monitoring company responsible
for the repair or monitoring of the alarm system to review the circumstances
of each false alarm.
(e)
The
alarm administrator may create and implement an alarm user awareness
class. The class shall inform alarm users of the problems created
by false alarms and teach alarm users how to avoid generating false
alarms.
(1)
The
alarm administrator may request the assistance of associations, alarm
companies and the police department in developing and implementing
the class.
(2)
The
alarm administrator may allow an alarm user the option of completing
an alarm user awareness class in lieu of paying one prescribed fine.
(f)
The
alarm administrator may require an alarm user to remove a holdup alarm
that is a single action, non-recessed button, if a false holdup alarm
has occurred.
(g)
The
alarm administrator shall require an alarm user to have a licensed
alarm installation company inspect the alarm system after three false
alarms in a calendar year.
(1)
The
alarm administrator may waive a required inspection if it is determined
that a false alarm(s) could not have been related to a defect or malfunction
in the alarm system.
(2)
After
five false alarms within a calendar year, the alarm administrator
shall require an alarm user to have a licensed alarm installation
company modify the alarm system to be more false alarm resistant or
provide additional user training as appropriate.
(h)
For
the purpose of enforcing the provisions of this article, the alarm
administrator or designated agent shall have the authority, at reasonable
times and upon reasonable oral notice, to enter any premises in the
city in or upon which the alarm system subject to this article is
located, to inspect the installation and operation of such alarm system.
(1)
If
such inspection reveals any violations of provisions of this article,
the alarm administrator promptly send a written report detailing such
violations to the owner, lessee, or other person responsible for the
alarm system.
(2)
Such
report shall require the correction within 30 days after receipt of
a notice of the violation discovered, and shall state that a failure
to comply may result in the revocation of the alarm registration and
loss of police response.
(i)
The
alarm administrator will make a copy of this article and/or an ordinance
summary sheet available to the alarm user, alarm installation company,
and monitoring company.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
(a)
The
director may require the alarm administrator to collect, analyze and
disclose statistical information about a specific alarm installation
company's false alarm experience.
(b)
The
alarm administrator will determine the false alarm rate for each alarm
installation company. The false alarm rate is based on the number
of alarm users of record for each alarm installation company contained
within the alarm administrator's database divided by the number of
false alarms from said alarm users in a specified period of time.
(1)
This
regulation requires that all alarm installation companies ensure each
of their respective customers has a valid alarm registration and provide
the alarm administrator with the name of any alarm user who cancels
or otherwise terminates their alarm system services with the alarm
installation company.
(2)
The
alarm administrator is responsible only for ensuring the accuracy
of the false alarm rates and is not responsible for ensuring the accuracy
of alarm installation company or alarm user supplied information.
(c)
The
alarm administrator may provide information about a specific alarm
installation company's false alarm experience to the director for
inclusion in any disclosure report about a specific alarm installation
company.
(d)
The
alarm administrator may disclose and/or publish information about
a specific alarm installation company's false alarm experience upon
reasonable request and as often as is practicable.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
(a)
The
alarm administrator shall notify the alarm user in writing after each
fineable false alarm. the notification shall include: the amount of
the fine for the false alarm, the fact that response will be suspended
after the tenth false alarm, excluding duress, holdup and panic alarms,
and a description of the appeals procedure available to the alarm
user.
(b)
The
alarm administrator will notify the alarm user and alarm installation
company and/or monitoring company in writing if a conference is required
with an alarm user and the alarm installation company and/or monitoring
company responsible for the repair or monitoring of the alarm system
to review the circumstances of each false alarm.
(c)
The
alarm administrator will notify the alarm user and the alarm installation
company or monitoring company in writing 30 days before alarm response
is to be suspended. suspension of alarm response does not apply to
duress, holdup and panic alarms. This notice of suspension will also
include the amount of the fine for each false alarm and a description
of the appeals procedure available to the alarm user.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
(a)
An alarm
user shall be subject to fines, depending on the number of false alarms
within a calendar year, based upon the following schedule:
(1)
False alarm fines.
|
# of False Alarms
|
Fines
|
|---|---|
|
1—3
|
$0.00
|
|
4—5
|
$50.00
|
|
6—7
|
$75.00
|
|
8—9
|
$100.00
|
|
10
|
$100.00 and police response revoked.
|
(b)
An alarm
user may be fined $50.00 for failure to provide a responder when requested
by the police department.
(c)
If cancellation
occurs prior to a police officer arriving at the scene, this is not
a false alarm for the purpose of fines, and no fines will be assessed.
(d)
If it
takes longer than 30 minutes for a police officer to respond to the
alarm notification, this is not a false alarm for the purpose of fines,
and no fines will be assessed.
(e)
Notice
of the right of appeal under this article will be included with any
fines.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010; Ord. No. CSO#321-09-2015, §
1, 9-21-2015)
(a)
The alarm administrator shall have the authority to revoke the operation of an alarm system if an inspection, as provided for in section 30-90, reveals violations of this article which are not corrected.
(b)
The
alarm administrator shall also have the authority to revoke an alarm
registration if:
(1)
An
alarm user fails to pay any fees or fines assessed in this article,
within 30 days of being invoiced;
(2)
There
is a statement of material fact known to be false in the alarm registration
application;
(3)
The
alarm user has failed to submit a written certification from an alarm
installation company, that complies with the requirements of this
article, stating that the alarm system has been inspected and repaired
(if necessary) and/or additional training has been conducted by the
alarm installation company; and/or
(4)
The
alarm user has ten or more false alarms within a calendar year.
(c)
A person
commits an offense if he/she operates an alarm system during the period
in which the alarm registration is revoked and is subject to enforcement
and penalties set forth in this article.
(d)
Unless
there is separate indication that there is a crime in progress, the
director will refuse police response to an alarm notification at an
alarm site for which the alarm registration is revoked.
(e)
If the alarm registration is reinstated pursuant to section 30-96, the alarm administrator may again revoke the alarm registration if it is determined that three false alarms have occurred within the calendar year after the reinstatement date. All false alarm fines after reinstatement are set forth in the city fee schedule.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
(a)
If the
alarm administrator refuses to issue or renew a registration, or revokes
a registration, a written notice of this action and a statement of
the right to an appeal shall be sent to the alarm registration holder
by certified mail, return receipt requested. The alarm registration
holder may appeal the decision of the alarm administrator to the director
by filing with the director a written request for a hearing, setting
forth the reasons for the appeal, within ten days after receipt of
the notice from the alarm administrator. The filing of a request for
an appeal hearing with the director stays an action of the alarm administrator
in revoking a registration until the director or designated representative
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.
(b)
The
director shall set a time and place for the hearing, which shall be
served upon the alarm registration holder by certified mail, return
receipt requested. The director or designated representative 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. All parties to the hearing shall have the right to
present evidence and shall have the right to cross examination. The
hearing officer shall make a decision on the basis of a preponderance
of the evidence within 15 days after the request for an appeal hearing
is filed. The time for hearing an appeal may be extended by agreement
of the parties. 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 with the city.
(c)
The
alarm administrator 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 hours;
(4)
Evidence
that the alarm notification was not a false alarm;
(5)
Evidence
that a police officer did not arrive within 30 minutes of the alarm
notification; and/or
(6)
In
determining the number of false alarms, multiple alarms occurring
in any 24-hour period may 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.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010; Ord. No. CSO#321-09-2015, §
1, 9-21-2015)
A person whose alarm registration has been revoked may, at the
discretion of the alarm administrator or the director, have the alarm
registration reinstated by the alarm administrator or the director
if the person:
(1)
Submits
a new application and pays a reinstatement fee as set forth in the
city fee schedule;
(2)
Pays,
or otherwise resolves, all outstanding citations, fees, and fines;
(3)
Submits
a certification from an alarm installation company, stating that the
alarm system has been inspected and repaired or upgraded (if necessary)
by the alarm installation company; and
(4)
That
the requirements of the V.T.C.A., Occupation Code § 1702.286
have been met pertaining to the alarm installation company providing
the alarm user with information on:
(5)
In cases
where the alarm registration is revoked a second time in the 12-month
period following the initial revocation, submits to the alarm administrator
or director documented evidence from an alarm installation company
that the control panel and arming stations meet the requirements of
American National Standards Institute (ANSI) Control Panel Standard
CP-01.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
In the interest of public safety, except where otherwise required
by law, all information contained in and gathered through the alarm
registration applications, records relating to alarm notifications
and applications for appeals shall be held in confidence by all employees
or representatives of the municipality and by any third-party administrator
or employees of a third-party administrator with access to such information.
Except where otherwise required by law, 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.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
An alarm registration 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
registration, the alarm user acknowledges that police 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.
(Ord. No. B-762-06(A0610), § 1, 6-21-2010)
The provisions of this article are severable. If a court determines
that a word, phrase, clause, sentence, paragraph, subsection, section,
or other provision is invalid or that the application of any part
of the provision to any person or circumstance is invalid, the remaining
provisions and the application of those provisions to other persons
or circumstances are not affected by that decision.
